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SB-48 Interim housing intervention developments.(2019-2020)

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Date Published: 03/06/2019 09:00 PM
SB48:v98#DOCUMENT

Amended  IN  Senate  March 06, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 48


Introduced by Senator Wiener

December 03, 2018


An act relating to homelessness. to add Article 12 (commencing with Section 65660) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 48, as amended, Wiener. Homelessness: right to shelter. Interim housing intervention developments.
(1) The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. Existing law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and to make adequate provision for the existing and projected needs of all economic segments of a community. Existing law requires that supportive housing be a use by right, as defined, in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified requirements.
This bill would require that an interim housing intervention development be a use by right, as defined, if it meets specified requirements. The bill would define “interim housing intervention” as housing or shelter in which a resident may live temporarily while waiting to move into permanent housing. The bill would authorize these developments to include recuperative or respite care, motel vouchers, navigation centers, and emergency shelters. The bill would define “use by right” as prohibiting certain requirements, such as a conditional use permit or other discretionary local government review or approval. The bill would require that an interim housing intervention development meet state and local health and safety requirements and state and local building codes and, among other things, that it allow for the presence of partners, pets, and the storage of possessions. The bill also would require that an interim housing intervention development provide privacy, accommodations for people with disabilities, and services to connect people to permanent housing. The bill would prohibit a local jurisdiction from imposing parking requirements on an interim housing intervention development.
The bill would prescribe requirements for notifying a developer that its application for an interim housing intervention is complete and for the local jurisdiction to complete its review of the application. The bill would declare that interim housing intervention developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities. The bill would make legislative findings and declarations.
By increasing the duties of local planning officials, this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes various entities and programs to provide assistance to homeless persons, including, among others, the Homeless Emergency Aid Program, the Emergency Housing and Assistance Program, the California Emergency Solutions Grants Program, homeless youth emergency service pilot projects, and the Homeless Coordinating and Financing Council.

This bill would state the intent of the Legislature to enact legislation that creates a right to shelter for unhoused residents throughout the state, which would be required to include the navigation center model. The bill would state the purposes of this legislation, including ensuring that every person living on California’s streets has the ability to promptly secure shelter that is safe and supportive. The bill would specify certain elements that this right to shelter would include. The bill would specify that the right to shelter is not intended to be in lieu of prioritizing permanent housing for people who lack housing.

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

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Homelessness in California is no longer confined to urban corridors. It pervades both urban and rural communities across the state and puts stress on local resources, from emergency rooms to mental health and social services programs to jails.
(b) Recent federal data estimates the state’s homeless population at 134,278 in 2017, or 25 percent of the nation’s homeless population. While national homelessness has decreased by 13 percent since 2010, homelessness in California has increased by 9 percent in the same period.
(c) The homelessness crisis is driven, in part, by the lack of affordable rental housing for people with lower incomes. The state recognizes that while shelter solves sleep, only permanent housing solves homelessness.
(d) California has a particular interest in providing adequate shelter to the homeless while they wait for permanent housing solutions. Therefore, it is the intention of the Legislature to create permanent solutions for California’s homeless population by promoting interim housing intervention developments that provide residents both shelter and access to the services necessary to get permanent housing.

SEC. 2.

 Article 12 (commencing with Section 65660) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article  12. Interim Housing Intervention

65660.
 For purposes of this article:
(a) “Interim housing intervention” means housing or shelter in which a resident may live temporarily while waiting to move into permanent housing. “Interim housing intervention” shall be flexible to address the resident’s household needs and may include recuperative or respite care, motel vouchers, navigation centers, and emergency shelters. “Interim housing intervention” shall not require a resident to pay more than 30 percent of the resident’s household income for housing costs, shall be low barrier and culturally competent, and shall be focused on providing support for moving people out of crisis and into permanent housing as quickly as possible.
(b) “Use by right” means that the review of the interim intervention housing development use by the local government shall not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act.

65662.
 (a) An interim housing intervention development is a use by right if it meets the requirements of this article. A local jurisdiction shall permit an interim housing intervention development provided that the development meets the following requirements:
(1) It meets all applicable state and local health and safety requirements and state and local building codes.
(2) It allows for the presence of partners, pets, and the storage of possessions.
(3) It provides privacy.
(4) It has accommodations for people with disabilities.
(5) It has services to connect people to permanent housing through a services plan that identifies services staffing.
(6) It is linked to a connected coordinated entry system.
(b) A local jurisdiction shall not impose parking requirements on an interim housing intervention development.

65664.
 Within 30 days of receipt of an application for an interim housing intervention development, the local jurisdiction shall notify a developer whether the developer’s application is complete. Within 60 days of receipt of a completed application for an interim housing intervention development, the local jurisdiction shall complete its review of the application.

65666.
 The Legislature finds and declares that interim housing intervention developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article shall apply to all cities, including charter cities.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.

It is the intent of the Legislature to enact legislation creating a “right to shelter” for unhoused residents throughout the state, which shall include the model known as navigation centers.

(a)The purposes of the legislation will be:

(1)To ensure that every person living on California’s streets has the ability to promptly secure shelter that is safe and supportive, with the ultimate goal of homeless residents accessing supportive or permanent housing.

(2)To ensure that all communities provide their homeless residents with shelters, rather than forcing their residents to move to other communities to obtain shelter.

(3)To allow homeless residents to access the services they need to succeed and obtain permanent housing, including mental health, addiction treatment, and other services.

(b)The right to shelter shall include:

(1)A safe place to sleep and keep one’s belongings.

(2)An ability to access the shelter without having to sign up on a daily basis.

(3)An ability to remain with one’s partner.

(4)An ability to access services necessary to stabilize one’s life and transition into supportive housing or permanent housing, including mental health, addiction treatment, and other services.

(c)The Legislature does not intend that the right to shelter will be in lieu of prioritizing permanent housing for people who lack housing. Permanent housing is the goal and priority. Shelter is critically important in providing people with safe and healthy transitional living space until they can obtain permanent housing.

(d)The Legislature does not intend for the right to shelter to replace or undermine local efforts to place homeless residents in supportive or permanent housing.

(e)The Legislature recognizes that the process to create a statewide right to shelter is complicated and will require significant dialogue and budgeting decisions. The Legislature also recognizes that different communities will require the flexibility to implement the right to shelter in different ways, while adhering to basic standards.