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AB-761 State armories: homeless shelters.(2019-2020)

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Date Published: 04/08/2019 02:00 PM
AB761:v97#DOCUMENT

Revised  April 24, 2019
Amended  IN  Assembly  April 08, 2019
Amended  IN  Assembly  March 12, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 761


Introduced by Assembly Member Nazarian
(Coauthor: Assembly Member Mark Stone)

February 19, 2019


An act to amend Sections 15301, 15301.1, 15301.3, and 15301.6 Section 15301 of the Government Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


AB 761, as amended, Nazarian. State armories: homeless shelters.
Existing law makes specified state armories located in specified counties available to those counties, or a city in one of those counties, for the purpose of providing temporary shelter for homeless persons from October 15 through April 15 each year, and authorizes any county or city not listed, subject to the approval of the Adjutant General, to use an armory within its jurisdiction, in accordance with specified requirements.
This bill would additionally authorize, at the sole discretion of the Adjutant General, the use of any armory deemed vacant by the Military Department throughout the year by the county or city in which the armory is located for the purpose of providing temporary shelter from hazardous weather conditions for homeless persons.

Existing law makes specified state armories located in specified counties available to those counties, or a city in one of those counties, for the purpose of providing temporary shelter for homeless persons from October 15 through April 15 each year, and authorizes any county or city not listed, subject to the approval of the Adjutant General, to use an armory within its jurisdiction, in accordance with specified requirements. Existing law requires that a county or city that elects to use an armory as a temporary shelter obtain a license that meets specified requirements. Existing law requires that the county or city be liable for all legal liabilities and costs, including minor emergency repair costs, of providing shelter during the license period. Existing law also requires that the county or city be solely responsible for alternative housing arrangements if the Military Department notifies the county or city that the armory is needed for military activities or emergency purposes, for providing uniformed security personnel and ensuring that local law enforcement officers conduct periodic visits on each night of operation, and providing janitorial services in order to meet state health and sanitation standards for restrooms and shower facilities.

This bill would, instead, authorize the use of state armories to provide temporary shelter for homeless persons, as described above, throughout the year. The bill would also limit the amount of nightly or 24-hour fees that the Military Department may charge to a county or city that obtains a license pursuant to these provisions, or to a Continuum of Care or other local administrative body overseeing the provision of shelter at the site, to the comparable market rate for leasing similar shelter sites per night or per 24-hour period. The bill would limit the county’s or city’s duty to pay for minor emergency repair costs to those costs associated with the use of the facility as a shelter.

The bill would provide that a county’s or city’s liability in providing shelter under these provisions is subject to specified existing law, pursuant to which the county or city is immune from liability for ordinary negligence, but not gross negligence, recklessness, or intentional conduct, in the provision of emergency housing during a shelter crisis, as provided. If the Military Department notifies the county or city that the armory is needed for military activities or emergency purposes less than 30 days in advance of that need, the bill would also require the state to share the responsibility for alternative housing arrangements. The bill would also revise the requirement that the county or city provide security to instead require that the county either provide uniformed security or ensure that local law enforcement officers conduct periodic visits. The bill would specify that uniformed security personnel may be employees of a contracted security company or of a nonprofit homeless services provider that has completed a security guard licensing course approved by the Bureau of Security and Investigative Services, as provided. The bill would also revise the requirement that the county or city provide janitorial services to instead generally require the county or city to be responsible for meeting state health and sanitation standards for restrooms and shower facilities.

Existing law requires each county that obtains a license to use an armory as a temporary shelter to establish a local shelter advisory committee with specified responsibilities, including addressing issues related to shelter operation. Existing law requires that the county select the shelter committee and requires that the committee include representatives from the county, cities within the county in which armories are utilized, local government planning departments, the California National Guard, homeless service providers, local peace officers, affected community organizations, and advocates for homeless persons.

This bill would instead require that the committee include only representatives from the county and cities within the county in which armories are utilized and provide that the committee may, but is not required to, include the other specified representatives. The bill would also authorize the county to include other stakeholders.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 15301 of the Government Code is amended to read:

15301.
 (a) The El Centro and Calexico armories in Imperial County; the Culver City, Glendale, Inglewood, Long Beach 7th Street, Pomona, Sylmar, and West Los Angeles Federal Avenue armories in Los Angeles County; the San Rafael armory in Marin County; the Merced armory in Merced County; the Fullerton and Santa Ana armories in Orange County; the Roseville armory in Placer County; the Corona, Indio, and Riverside armories in Riverside County; the El Cajon, Escondido, and Vista armories in San Diego County; the Atascadero armory in San Luis Obispo County; the San Mateo armory in San Mateo County; the Santa Barbara and Santa Maria armories in Santa Barbara County; the Gilroy, San Jose Hedding Street, and Sunnyvale armories in Santa Clara County; the Santa Cruz and Watsonville armories in Santa Cruz County; the Redding armory in Shasta County; the Petaluma and Santa Rosa armories in Sonoma County; and the Oxnard and Ventura armories in Ventura County, shall be made available to these counties or a city in these counties for the purpose of providing temporary shelter for homeless persons during the period from October 15 through April 15 each year.
(b) The Adjutant General may, in his or her the Adjutant General’s sole discretion, use alternate armories as may be necessary to meet the operational needs of the Military Department. Additionally, any county or city, including those not listed in subdivision (a), may use any armory within its jurisdiction subject to the approval of the Adjutant General.
(c) At the sole discretion of the Adjutant General, any armory deemed vacant by the Military Department may be made available throughout the year to the county or city in which that armory is located for the purpose of providing temporary shelter from hazardous weather conditions for homeless persons.

(c)

(c) Subject to appropriation in the annual Budget Act, the Adjutant General may increase or decrease the number of days of operation among all of the armories funded in any year to best meet cold weather demands as they develop. The Adjutant General shall periodically report to the counties authorized to receive funds on the ongoing availability of remaining funded shelter days.

SECTION 1.Section 15301 of the Government Code is amended to read:
15301.

(a)The El Centro and Calexico armories in Imperial County; the Culver City, Glendale, Inglewood, Long Beach 7th Street, Pomona, Sylmar, and West Los Angeles Federal Avenue armories in Los Angeles County; the San Rafael armory in Marin County; the Merced armory in Merced County; the Fullerton and Santa Ana armories in Orange County; the Roseville armory in Placer County; the Corona, Indio, and Riverside armories in Riverside County; the El Cajon, Escondido, and Vista armories in San Diego County; the Atascadero armory in San Luis Obispo County; the San Mateo armory in San Mateo County; the Santa Barbara and Santa Maria armories in Santa Barbara County; the Gilroy, San Jose Hedding Street, and Sunnyvale armories in Santa Clara County; the Santa Cruz and Watsonville armories in Santa Cruz County; the Redding armory in Shasta County; the Petaluma and Santa Rosa armories in Sonoma County; and the Oxnard and Ventura armories in Ventura County, shall be made available to these counties or a city in these counties for the purpose of providing temporary shelter for homeless persons throughout the year.

(b)The Adjutant General may, in the Adjutant General’s sole discretion, use alternate armories as may be necessary to meet the operational needs of the Military Department. Additionally, any county or city, including those not listed in subdivision (a), may use any armory within its jurisdiction subject to the approval of the Adjutant General.

SEC. 2.Section 15301.1 of the Government Code is amended to read:
15301.1.

(a)A state armory shall not be made available during any period that any organization of the state militia or of the Armed Forces of the United States is conducting drills or other military training or activity at the armory or during any period that the armory has been designated by the Governor or the Adjutant General for use appropriate to a condition of emergency, including, but not limited to, use by the Red Cross during an earthquake, fire, or other disaster.

(b)With respect to fees, if any, charged to a county or city that obtains a license, or to a Continuum of Care or other local administrative body overseeing the provision of shelter at an armory site on behalf of a county or city that obtains a license, to use a state armory as a temporary shelter for homeless persons pursuant to this chapter, the following shall apply:

(1)The Military Department shall limit nightly fees to no more than the comparable market rate for leasing shelter sites that contain similar square footage designated for program activities per night.

(2)The Military Department shall limit 24-hour fees to no more than the comparable market rate for leasing shelter sites that contain similar square footage designated for program activities per 24-hour period.

SEC. 3.Section 15301.3 of the Government Code is amended to read:
15301.3.

Any county or city authorized pursuant to Section 15301 electing to use a state armory or armories for the purpose of this chapter, in consultation with the Community Advisory Committee appointed pursuant to Section 438 of the Military and Veterans Code or, if no committee has been appointed, in consultation with the Adjutant General, shall obtain a license from the Military Department with the following requirements:

(a)The county or city obtaining a license shall be solely responsible for measures and costs required to comply with state and local health and safety codes during the license periods.

(b)The county or city obtaining a license shall be responsible for all legal liabilities, subject to Chapter 7.8 (commencing with Section 8698) of Division 1, during the license periods and the state shall be held harmless in each case.

(c)Except as provided in the annual Budget Act, the county or city obtaining a license shall be responsible for all costs of providing shelter in the state armory or armories to homeless persons during the license periods, including, but not limited to, all costs for minor emergency repairs associated with the use of the facility as a shelter, including, but not limited to, plumbing and electrical work, and shall reimburse the Military Department for all costs of providing the armory for shelter operations including, but not limited to, utilities, building maintenance and repair, administrative costs, and for National Guard members for the security of military equipment and property.

(d)(1)The county or city obtaining a license shall be solely responsible for alternative housing arrangements, including relocation measures and transportation, for homeless persons housed in a state armory during the license period if the Military Department notifies the county or city that the armory is required for military activities or emergency purposes, as announced by the Governor, at least 30 days in advance of the need of the armory for military activities or emergency purposes. The Military Department or the Governor shall determine the evacuation deadline.

(2)The county or city obtaining a license and the state shall share responsibility for alternative housing arrangements, including relocation measures and transportation, for homeless persons housed in a state armory during the license period if the Military Department notifies the county or city that the armory is required for military activities or emergency purposes, as announced by the Governor, less than 30 days in advance of the military activities or emergency purposes.

(e)The county or city obtaining a license shall be responsible for either providing uniformed security personnel from one hour before the shelter opens until one hour after lights out or ensuring that officers from the local law enforcement agency with jurisdiction over the armory will conduct periodic visits to the armory on each night of operation. Uniformed security personnel may be employees of a contracted security company or of a nonprofit homeless services provider that has completed a security guard licensing course approved by the Bureau of Security and Investigative Services in accordance with the Private Security Services Act (Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code).

(f)The county or city obtaining a license shall be responsible for meeting state health and sanitation standards for restrooms and shower facilities.

SEC. 4.Section 15301.6 of the Government Code is amended to read:
15301.6.

(a)Each county that obtains a license under Section 15301.3 shall establish a local shelter advisory committee, which shall have all of the following responsibilities:

(1)To address issues related to shelter operation, including, but not limited to, sanitation and security issues.

(2)To ensure that the shelter maintains a “good neighbor policy.”

(3)To assist in finding long-term solutions for providing housing for the homeless to reduce the degree to which state armories are utilized as sites for housing homeless persons.

(b)The county shall select the advisory committee, which shall include representatives from the county and cities within the county in which armories are utilized. The advisory committee may also include representatives from local government planning departments, the California National Guard, homeless service providers, local peace officers, affected community organizations, advocates for homeless persons, and other stakeholders. Counties may utilize existing homeless task forces, including, but not limited to, a task force for purposes of the Federal Emergency Management Agency (FEMA), if the membership of the task force has representatives that meet all of the requirements of this subdivision.

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REVISIONS:
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