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AB-2586 Shelter crisis: safe parking programs.(2019-2020)

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Date Published: 03/17/2020 04:00 AM
AB2586:v98#DOCUMENT

Amended  IN  Assembly  March 16, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2586


Introduced by Assembly Member Berman

February 20, 2020


An act to amend Section Sections 8698 and 8698.1 of the Government Code, relating to shelters.


LEGISLATIVE COUNSEL'S DIGEST


AB 2586, as amended, Berman. Shelter crisis. crisis: safe parking programs.
Existing law authorizes a 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.

This bill would make a nonsubstantive change to this provision.

This bill would provide that a political subdivision is immune from liability for ordinary negligence in the provision of a safe parking program during a declared shelter crisis and would suspend the application of the Special Occupancy Parks Act, the Mobilehome Parks Act, the Mobilehome Residency Law, and the Recreational Vehicle Park Occupancy Law to the safe parking program. The bill would define “safe parking program” for these purposes as a program that provides homeless individuals and families living in a vehicle a safe place to park while accessing services to end their homelessness.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 8698 of the Government Code is amended to read:

8698.
 For purposes of this chapter, the following definitions shall apply:
(a) “Political subdivision” includes the state, any city, city and county, county, special district, or school district or public agency authorized by law.
(b) “Governing body” means the following:
(1) The Governor for the state.
(2) The legislative body for a city or city and county.
(3) The board of supervisors for a county.
(4) The governing board or board of trustees for a district or other public agency.
(5) An official designated by ordinance or resolution adopted by a governing body, as defined in paragraph (2), (3), or (4).
(c) “Public facility” means any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment.
(d) “Declaration of a shelter crisis” means the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.
(e) “Emergency bridge housing community” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons.
(f) “Safe parking program” means a program that provides homeless individuals and families living in a vehicle a safe place to park while accessing services to end their homelessness.

SECTION 1.SEC. 2.

 Section 8698.1 of the Government Code is amended to read:

8698.1.
 Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.
(a) The political subdivision shall be immune from liability for ordinary negligence in the provision of emergency housing or a safe parking program pursuant to Section 8698.2. This limitation of liability shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. housing or a safe parking program. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.
(b) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. A political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.
(c) A safe parking program permitted pursuant to 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), the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), or the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code).