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AB-1745 Shelter crisis: emergency bridge housing community: City of San Jose.(2019-2020)

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Date Published: 04/10/2019 09:00 PM
AB1745:v97#DOCUMENT

Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1745


Introduced by Assembly Member Kalra

February 22, 2019


An act to amend Section 8698.4 8698.3 of the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1745, as amended, Kalra. Shelter crisis: homeless shelters: County of Alameda: emergency bridge housing community: City of San Jose.
Existing law authorizes a the governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.

Existing law, upon a declaration of a shelter crisis by the City of Berkeley, Emeryville, Los Angeles, Oakland, or San Diego, the County of Santa Clara, or the City and County of San Francisco, specifies additional provisions applicable to a shelter crisis declared by one of those jurisdictions. Among other things, existing law exempts from the California Environmental Quality Act specified actions by a state agency or a city, county, or city and county relating to land owned by a local government to be used for, or to provide financial assistance to, a homeless shelter constructed pursuant to these provisions. Existing law requires a city, county, or city and county that declares a shelter crisis pursuant to these provisions to develop a plan to address the shelter crisis on or before July 1, 2019, and to annually report to specified committees of the Legislature on or before January 1, 2019, and annually thereafter until January 1, 2021. Existing law repeals these additional provisions as of January 1, 2021.

Existing law, until January 1, 2022, upon a declaration of a shelter crisis by the City of San Jose, authorizes emergency housing to include an emergency bridge housing community for the homeless, as specified. Existing law, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, authorizes the city to adopt by ordinance reasonable local standards for emergency bridge housing communities, subject to specified requirements, including review by the Department of Housing and Community Development. Existing law requires the city, among other things, to match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that will be available for the resident to live in on or before January 1, 2022. Existing law further requires the city to annually report to the Legislature specific information on emergency bridge housing communities, including, among other information, the number of residents in every emergency bridge housing community and the actual and projected number of permanent affordable housing units available through January 1, 2022.
This bill would apply these additional provisions to a shelter crisis declared by the County of Alameda or the City of San Jose, if those jurisdictions meet specified requirements, and extend the repeal date of these provisions to January 1, 2023. By expanding the scope of these provisions to apply within the County of Alameda and the City of San Jose, and extending the operation of these provisions, the bill would expand the above-described exemption from the California Environmental Quality Act. The bill, with respect to a shelter crisis declared by the County of Alameda or the City of San Jose, would require the county or city, as applicable, to develop the above-described shelter plan on or before July 1, 2020, and provide that a specified report required under the Homeless Emergency Aid program is in lieu of the above-described annual report. 2025. The bill would extend the date that an affordable housing unit identified in the city’s housing plan is required to be available for a resident of an emergency bridge housing community to live in to January 1, 2025. The bill would make a conforming change to the above-described requirement that the city report specified information to the Legislature.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda and the City of San Jose.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 8698.4 of the Government Code, as amended by Section 1 of Chapter 840 of the Statutes of 2018, is amended to read:
8698.4.

(a)Notwithstanding any other provision in this chapter, upon a declaration of a shelter crisis by a local jurisdiction specified in subdivision (c), the following shall apply to the respective city, county, or city and county during a shelter crisis:

(1)Emergency housing may include homeless shelters for the homeless located or constructed on any land owned or leased by a city, county, or city and county, including land acquired with low- and moderate-income housing funds.

(2)(A)(i)The city, county, or city and county, in lieu of compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws, may adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review and approve the city’s, county’s, or city and county’s draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795, provide its findings to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development within 30 calendar days of receiving the draft ordinance.

(ii)During the shelter crisis, except as provided in this section, provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws shall be suspended for homeless shelters, provided that the city, county, or city and county has adopted health and safety standards and procedures for homeless shelters consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability shall be suspended for homeless shelters, provided that the city, county, or city and county has adopted health and safety standards for homeless shelters and those standards are complied with. During the shelter crisis, the local and state law requirements for homeless shelters to be consistent with the local land use plans, including the general plan, shall be suspended.

(B)This section applies only to a public facility or homeless shelters reserved entirely for the homeless pursuant to this chapter.

(3)Homeless shelters constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).

(4)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to actions taken by a state agency or a city, county, or city and county, to lease, convey, or encumber land owned by a city, county, or city and county, or to facilitate the lease, conveyance, or encumbrance of land owned by the local government for, or to provide financial assistance to, a homeless shelter constructed or allowed by this section.

(5)(A)Except as provided in subparagraph (B), on or before July 1, 2019, the city, county, or city and county shall develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing, as well as onsite supportive services. The city, county, or city and county shall make the plan publicly available.

(B)Notwithstanding subparagraph (A), in the case of a shelter crisis declared by the County of Alameda or the City of San Jose, the county or the city, as applicable, shall develop the plan required by this paragraph on or before July 1, 2020.

(6)(A)Except as provided in subparagraph (B), on or before January 1, 2019, and annually thereafter until January 1, 2022, if the city, county, or city and county has declared a shelter crisis, the city, county, or city and county shall report all of the following to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development:

(i)The total number of residents in homeless shelters within the city, county, or city and county.

(ii)The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city, county, or city and county.

(iii)The estimated number of permanent supportive housing units.

(iv)The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing within the city, county, or city and county.

(v)The number of new homeless shelters built pursuant to this section within the city, county, or city and county.

(vi)New actions the city, county, or city and county is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness.

(B)In the case of a shelter crisis declared by the County of Alameda or the City of San Jose, the report required to be submitted by the county or the city, as applicable, pursuant to Section 50215 of the Health and Safety Code shall be in lieu of the annual report required by this paragraph.

(b)For purposes of this section, the following terms have the following meanings:

(1)“Homeless shelter” means a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared shelter crisis. A temporary homeless shelter community may include supportive and self-sufficiency development services.

(2)“Permanent supportive housing” means housing for people who are homeless, with no limit on length of stay, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

(c)(1)This section shall apply to a shelter crisis declared by any of the following jurisdictions:

(A)The following cities:

(i)The City of Berkeley.

(ii)The City of Emeryville.

(iii)The City of Los Angeles.

(iv)The City of Oakland.

(v)The City of San Diego.

(vi)Subject to paragraph (2), the City of San Jose.

(B)The following counties:

(i)Subject to paragraph (2), the County of Alameda.

(ii)The County of Santa Clara.

(C)The City and County of San Francisco.

(2)This section shall only apply to a shelter crisis declared by the County of Alameda or the City of San Jose if the county or the city, as applicable, is an administrative entity, or is represented by an administrative entity, that is eligible to receive funding pursuant to the Homeless Emergency Aid program (Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code) and complies with all applicable requirements under that program, including submission of the report required by Section 50215 of the Health and Safety Code.

(d)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SECTION 1.

 Section 8698.3 of the Government Code is amended to read:

8698.3.
 Notwithstanding any other provisions in this chapter, upon a declaration of a shelter crisis by the City of San Jose, the following shall apply during a shelter crisis:
(a) Emergency housing may include an emergency bridge housing community for the homeless located or constructed on any city-owned or city-leased land, including land acquired with low- and moderate-income housing funds.
(b) (1) The city, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, may adopt by ordinance reasonable local standards for the design, site development, and operation of emergency bridge housing communities and the structures and facilities therein, to the extent that it is determined at the time of adoption that strict compliance with state and local standards or laws in existence at the time of that adoption would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development shall review the city’s draft ordinance to ensure it addresses minimum health and safety standards. The department shall, as set forth in Section 9795 of the Government Code, provide its findings to the Senate and Assembly housing committees and the Senate Judiciary Committee within 30 calendar days of receiving the draft ordinance.
(2) During the shelter crisis, except as provided in this section, provisions of any state or local building, housing, health, habitability, or safety standards or laws shall be suspended for the emergency bridge housing communities provided that the city has adopted health and safety standards for emergency bridge housing communities consistent with ensuring minimal public health and safety and those standards are complied with. Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability, shall be suspended for the emergency bridge housing communities provided that the city has adopted health and safety standards for emergency bridge housing communities and those standards are complied with. During the shelter crisis, the local and state law requirements for an emergency bridge housing project to be consistent with the local land use plans, including the general plan, shall be suspended.
(3) This section applies only to a public facility or an emergency bridge housing community reserved for the homeless pursuant to this chapter.
(c) An emergency bridge housing community constructed or allowed under this chapter shall not be subject to the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
(d) An emergency bridge housing community that complies with the applicable requirements of the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended by the ADA Amendments Act of 2008 (Public Law 110-325), shall be exempt from Part 2.5 (commencing with Section 54) of Division 1 of the Civil Code and actions thereunder for the duration of the shelter crisis.
(e) The city shall match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that shall be available for the resident to live in on or before January 1, 2022. 2025.
(f) On or before July 1, 2017, the city shall develop a plan for every emergency bridge housing community to include on-site supportive services. The city shall make the report publicly available.
(g) On or before January 1, 2018, and annually thereafter, the city shall report to the Legislature the number of residents in every emergency bridge housing community, the number of residents who have moved from an emergency bridge housing community into permanent affordable housing, the average time required for a resident to receive a permanent affordable housing unit, and the actual and projected number of permanent affordable housing units available through January 1, 2022. 2025.
(h) An “emergency sleeping cabin” means a relocatable hard-sided structure that may be used for occupancy only pursuant to Section 8698 and this section. It shall have a raised floor area of no less than 120 square feet of interior space for two occupants and a minimum of 70 square feet of interior space for one occupant. It shall contain no plumbing or gas service. An emergency sleeping cabin shall meet a minimum of a 20 pounds per square foot live load roof structure, shall be provided light, heat, and ventilation, and shall comply with minimum emergency bridge housing design standards as follows:
(1) Electrical power available as needed to meet the light and heat requirements of this subdivision. The source of electricity may be solar power.
(2) At least one interior lighting fixture.
(3) Electrical heating equipment approved for residential use.
(4) Means of ventilation allowing for adequate air replacement.
(5) At least one GFCI-protected receptacle for use by the occupant or occupants.
(6) At least two forms of egress placed remotely from each other, one of which may be an egress window with a sill height of not more than 44 inches from the floor, a minimum net opening height of 24 inches, and a minimum width of 20 inches.
(7) A privacy lock on each door.
(8) When required to meet accessibility requirements, compliance with the applicable requirements specified in Chapter 11B of the California Building Code.
(9) One permanently wired smoke alarm with battery backup, listed and labeled in accordance with UL 217, installed in accordance with the California Residential Code and NFPA 72. Battery powered alarms are permissible in lieu of wired alarms only when the cabin is solar powered and other electrical service is not supplied to the cabin. Smoke alarms shall be listed and approved by the State Fire Marshal.
(10) This subdivision shall remain operative until the date on which the California Building Standards Commission includes standards in the California Building Standards Code that conform to this subdivision.
(i) This section shall remain in effect only until January 1, 2022, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date. repealed.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to address the problem of homelessness in the County of Alameda and the City of San Jose.