Today's Law As Amended


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



As Amends the Law Today


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. Political subdivisions  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) (1) Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:
(A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.
(B) Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:
(i) A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.
(ii) Twenty-four-hour active fire watch.
(iii) Smoke and carbon monoxide alarms.
(iv) Fire extinguishers.
(v) Ingress and egress that facilitates rapid exit of the facility.
(vi) Emergency evacuation signage and emergency egress lighting.
(vii) Every egress shall be free from storage and other obstructions.
(viii) Limited occupant storage in each room in the facility.
(ix) Prohibiting the use of open flames or combustibles.
(x) Prohibiting smoking in the facility.
(xi) Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.
(xii) A process for remedying fire code violations immediately.
(xiii) A process for submitting quarterly inspection reports to the State Fire Marshal.
(2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.
(3) A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.
(4) (c)  For purposes of this subdivision, the term “building standard” means a building standard as defined in Section 18909 of  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 or other standard adopted by a local agency pursuant to Section 17958 of  Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of  the Health and Safety Code. 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). 
(5) No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).