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AB-143 Shelter crisis: homeless shelters: Counties of Alameda and Orange: City of San Jose.(2019-2020)

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Date Published: 09/27/2019 02:00 PM
AB143:v92#DOCUMENT

Assembly Bill No. 143
CHAPTER 336

An act to amend Section 8698.4 of the Government Code, relating to housing, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  September 26, 2019. Filed with Secretary of State  September 26, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 143, Quirk-Silva. Shelter crisis: homeless shelters: Counties of Alameda and Orange: City of San Jose.
Existing law authorizes 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 authorizes the city, county, or city and county that declares a shelter crisis pursuant to these provisions, in lieu of compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws, to adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities in the homeless shelters, 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. Existing law requires the Department of Housing and Community Development to review and approve the city’s, county’s, or city and county’s draft ordinance to ensure it addresses minimum health and safety standards. Existing law requires the department to 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.
This bill would extend the time within which the department is required to provide its findings to those legislative committees to 90 calendar days of receiving the draft ordinance.
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 the above-described 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.
This bill would apply the above-described additional provisions to a shelter crisis declared by the County of Alameda, the County of Orange, any city located within the County of Alameda, any city located within the County of Orange, and the City of San Jose, and extend the above-described repeal date to January 1, 2023. By expanding the scope of these provisions to apply within the County of Alameda, the County of Orange, and the City of San Jose, 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, the County of Orange, a city located within the County of Alameda, a city located within the County of Orange, 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, to include in the shelter plan a plan to transition residents from homeless shelters to permanent housing, and to provide the first above-described annual report on or before January 1 of the year following the declaration of a shelter crisis.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda, the County of Orange, and the City of San Jose.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   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 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 90 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, a city located within the County of Alameda, the County of Orange, a city located within the County of Orange, 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, and shall include in the plan required by this paragraph a plan to transition residents from homeless shelters to permanent housing.
(6) (A) Except as provided in subparagraph (B), on or before January 1, 2019, and annually thereafter until January 1, 2023, 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) Notwithstanding subparagraph (A), in the case of a shelter crisis declared by the County of Alameda, a city located within the County of Alameda, the County of Orange, a city located within the County of Orange, or the City of San Jose, the county or the city, as applicable, shall provide the first report required by this paragraph on or before January 1 of the year following the declaration of a shelter crisis.
(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 the person’s health status, and maximizing the person’s ability to live and, when possible, work in the community.
(c) This section shall apply to a shelter crisis declared by any of the following jurisdictions:
(1) The following cities:
(A) The City of Berkeley.
(B) The City of Emeryville.
(C) The City of Los Angeles.
(D) The City of Oakland.
(E) The City of San Diego.
(F) The City of San Jose.
(G) Any city located within the County of Alameda.
(H) Any city located within the County of Orange.
(2) The following counties:
(A) The County of Alameda.
(B) The County of Orange.
(C) The County of Santa Clara.
(3) The City and County of San Francisco.
(d) This section shall remain in effect only until January 1, 2023, and as of that date is 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, the County of Orange, and the City of San Jose.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide basic shelter and services to homeless individuals and families and end their hardship as soon as possible, it is necessary for this act to take effect immediately.