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AB-2211 Shelter crisis: homeless shelters.(2021-2022)

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Date Published: 05/02/2022 02:00 PM
AB2211:v98#DOCUMENT

Amended  IN  Assembly  May 02, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2211

Introduced by Assembly Member Ting

February 15, 2022

An act to amend Sections 8698.2 and 8698.4 of, and to add Section 8698.5 to, of the Government Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


AB 2211, as amended, Ting. Shelter crisis: homeless shelters.
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, including those prescribing standards of housing, health, or safety to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
Existing law, upon a declaration of a shelter crisis by a city, county, or city and county, specifies additional provisions applicable to a shelter crisis declared by one of those jurisdictions. jurisdictions, including developing a plan to address the shelter crisis.
Existing law allows a 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, to adopt an ordinance setting reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein. Existing law requires the ordinance to, at a minimum, meet the standards provided in the 2019 California Residential Code Appendix X, the 2019 California Building Code Appendix O, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities unless the jurisdiction adopts findings that state why those standards cannot be met and how the ordinance protects health and safety. Existing law provides that, during the shelter crisis, 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 adopts health and safety standards and procedures for homeless shelters consistent with ensuring minimal public health and safety and provided that homeless shelters comply with these standards.
Existing law, among other things, 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 these provisions, and provides that homeless shelters constructed or allowed pursuant to these shelter crisis declarations are not subject to specified laws, including the Special Occupancy Parks Act. Existing law defines a “homeless shelter” as a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless people experiencing homelessness that is not in existence after the declared shelter crisis. Existing law provides that a temporary homeless shelter community may include supportive and self-sufficiency development services and that a homeless shelter includes a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals. Existing law repeals these provisions as of January 1, 2026.
This bill would remove the repeal date from these provisions. This extend the repeal date of these provisions to January 1, 2030. The bill would provide that a city, county, or city and county is in a shelter crisis if the number of unsheltered homeless persons that comprises the total homeless population within the jurisdiction of the city, county, or city and county is greater, as a percentage, than the combined average of the 49 states in the United States not including California, as determined by the Department of Housing and Community Development, as specified. This bill would apply the provisions applicable to a city, county, or city and county that has declared a shelter crisis to those jurisdictions in the above circumstance. This bill would require the department to publish a list of jurisdictions that are in a shelter crisis pursuant to this provision on its internet website. This
This bill would expand the definition of homeless shelter to include any facility that is leased by the city, county, or city and county for the purpose of providing temporary shelter for the homeless people experiencing homelessness and any facility low-barrier private shelter, as defined, that is not owned or leased by the city, county, or city and county but that is voluntarily provided to the city, county, or city and county for the purpose of providing that provides temporary shelter for the homeless. people experiencing homelessness. The bill would require a county or city to identify all low-barrier private shelters in the jurisdiction and include a plan to transition residents from low-barrier private shelters to permanent housing in the above-described shelter plan. By requiring a city, county, or city and county to provide a new level of service, this bill would create a state-mandated local program.

This bill would exempt a private entity that owns or operates a private homeless shelter within the jurisdiction of a city, county, or city and county that is in a shelter crisis from compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws if a city, county, or city and county has adopted an ordinance that sets reasonable local standards and procedures for the design, site, development, and operation of homeless shelters and the structures and facilities therein. This bill would suspend the application of any housing, health, habitability, planning and zoning, or safety standards, procedures or laws to a private entity that owns or operates a private homeless shelter provided that the city, county, or city and county has adopted health and safety standards and procedures and provided that the private entity complies with these standards.

This bill would also suspend specified landlord tenant laws provided that the city, county, or city and county has adopted the above health and safety standards and procedures and provided that the private entity complies with these standards. This bill would provide that a private homeless shelter is not subject to specified state laws during the shelter crisis, including the Recreational Vehicle Park Occupancy Law. This bill would also exempt actions taken by any entity to facilitate the lease, conveyance, or encumbrance of land owned by that entity, or to provide financial assistance to, a private homeless shelter constructed or allowed by this section from the California Environmental Quality Act. This bill would require a private entity to comply with specified requirements for the above exemptions and suspensions of law to apply to it. By expanding the scope of these provisions to apply to a private entity within any city, county, or city and county during a shelter crisis, the bill would expand the above-described exemption from the California Environmental Quality Act.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 8698.2 of the Government Code is amended to read:

8698.2.
 (a) (1) The governing body may declare a shelter crisis, and may take such action as is necessary to carry out the provisions of this chapter, upon a finding by that governing body that a significant number of persons within the jurisdiction of the governing body are without the ability to obtain shelter, and that the situation has resulted in a threat to the health and safety of those persons.
(2) For purposes of this chapter, the governing body of the state, in making a declaration of a shelter crisis pursuant to paragraph (1), may limit that declaration to any geographical portion of the state.
(b) Upon a declaration of a shelter crisis pursuant to subdivision (a), the political subdivision may allow persons unable to obtain housing to occupy designated public facilities during the duration of the state of emergency.
(c) A city, county, or city and county shall be considered to be in a shelter crisis, regardless of whether it has made a declaration pursuant to subdivision (a), if the number of unsheltered homeless persons that comprises the total homeless population within its jurisdiction is greater, as a percentage, than the combined average of the 49 states in the United States not including California, as determined by the Department of Housing and Community Development based on the information gathered during the Department of Housing and Urban Development’s Annual Homelessness Assessment Report. The Department shall make this determination within 30 days of the United States Department of Housing and Urban Development certifying each point-in-time count and publish a list of jurisdictions that are in a shelter crisis pursuant to this subdivision on its internet website.

SEC. 2.

 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 city, county, or city and county, or upon the occurrence of a shelter crisis within a city, county, or city and county pursuant to subdivision (c) of Section 8698.2, all of the following shall apply to the respective city, county, or city and county during the 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. For a jurisdiction that adopts an ordinance establishing reasonable local standards, those standards shall, at a minimum, meet the standards provided in the 2019 California Residential Code Appendix X, and California Building Code Appendix O, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities, unless the city, county, or city and county adopts findings stating why the standards cannot be met and stating how the standards in the ordinance protect health and safety. Upon the adoption of an ordinance, the city, county, or city and county shall file a copy of the adopted ordinance, and any associated findings, with the department.
(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 people experiencing homelessness 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), 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), except that disposition of any vehicle or its contents abandoned by its owner shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 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) On or before July 1, 2019, the Cities of Berkeley, Emeryville, Los Angeles, Oakland, and San Diego, the County of Santa Clara, and the City and County of San Francisco 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) 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 described in subparagraph (A) on or before July 1, 2020, and shall include in the plan required by this subparagraph a plan to transition residents from homeless shelters to permanent housing.
(C) In the case of a shelter crisis declared by any other county or city not described in subparagraph (A) or (B) on or before January 1, 2021, the county or the city, as applicable, shall develop the plan described in subparagraph (A) on or before July 1, 2021, and shall include in the plan required by this subparagraph a plan to transition residents from homeless shelters to permanent housing.
(D) (i) In the case of a shelter crisis declared by any other county or city not described in subparagraph (A) or (B) after January 1, 2021, the county or the city, as applicable, shall develop the plan described in subparagraph (A) on or before July 1 of the year following the declaration of the shelter crisis, and shall include in the plan required by this subparagraph a plan to transition residents from homeless shelters to permanent housing. The plan shall also identify all low-barrier private shelters in the jurisdiction and shall include a plan to transition residents from low-barrier private shelters to permanent housing.
(ii) A low-barrier private shelter shall be on a site that is connected to amenities and services that serve people experiencing homelessness and that meets one of the following conditions:
(I) A site zoned for a residential use or for nonresidential use that allows residential development that is suitable for redevelopment.
(II) A commercial site that is not described in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 and is not adjacent to any site where more than two-thirds of the square footage on the site is dedicated to industrial use.
(6) If the city, county, or city and county has declared a shelter crisis, or upon the occurrence of a shelter crisis within a city, county, or city and county pursuant to subdivision (c) of Section 8698.2, the city, county, or city and county shall report, by January 1 of each year, all of the following to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development:
(A) The total number of residents in homeless shelters within the city, county, or city and county.
(B) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city, county, or city and county.
(C) The estimated number of permanent supportive housing units.
(D) 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.
(E) The number and bed capacity of new homeless shelters built pursuant to this section within the city, county, or city and county. The information regarding the bed capacity shall be included in reports due by January 1, 2022, and by January 1 of each year thereafter. Bed capacity shall not include the parking vehicle capacity of a homeless shelter on a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals.
(F) New actions the city, county, or city and county is taking under the shelter crisis to better serve the homeless population the population of people experiencing homelessness and to reduce the number of people experiencing homelessness.
(G) The ordinance and any associated findings adopted by the city, county, or city and county pursuant to paragraph (2).
(b) A declaration of a shelter crisis by a city, county, or city and county, the occurrence of a shelter crisis within a city, county, or city and county pursuant to subdivision (c) of Section 8698.2, and the provisions in this section that are or may be utilized by a city, county, or city and county, including an ordinance adopted by a city, county, or city and county pursuant to clause (i) of subparagraph (A) of paragraph (2) of subdivision (a), shall apply to any land owned or leased by an agency or entity created pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) if the city, county, or city and county that is experiencing a shelter crisis is one of the parties to the agreement creating the entity or agency and the real property owned or leased by the agency or entity is located within the jurisdiction of the city, county, or city and county that is experiencing the shelter crisis.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Connected to amenities and services” includes, but is not limited to, offering free transportation to services or offering services onsite.

(1)

(2) “Homeless shelter” means a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless people experiencing homelessness that is not in existence after the shelter crisis. A temporary homeless shelter community may include supportive and self-sufficiency development services. A homeless shelter shall include all of the following:
(A) Any facility that is leased by the city, county, or city and county for the purpose of providing temporary shelter for the homeless. people experiencing homelessness.
(B) Any facility low-barrier private shelter that is not owned or leased by the city, county, or city and county but that is voluntarily provided to it for the purpose of providing that is temporary shelter for the homeless. people experiencing homelessness.
(C) A parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals. people experiencing unstable housing and homelessness.
(3) “Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. “Industrial use” does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.
(4) “Low-barrier private shelter” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low-barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(A) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(B) Pets.
(C) The storage of possessions.
(D) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

(2)

(5) “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.
(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 3.Section 8698.5 is added to the Government Code, to read:
8698.5.

(a)Notwithstanding any other provision in this chapter, upon a declaration of a shelter crisis by a city, county, or city and county, or upon the occurrence of a shelter crisis within a city, county, or city and county pursuant to subdivision (c) of Section 8698.2, all of the following shall apply to a private entity within the boundaries of the city, county, or city and county during the shelter crisis if the entity satisfies the requirements of subdivision(b):

(1)A private homeless shelter that is owned or operated by a private entity is not required to comply with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws if the city, county, or city and county has adopted an ordinance pursuant to clause (i) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 8698.4. The private entity shall comply with the standards set forth in the ordinance.

(2)Provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws shall be suspended for a private homeless shelter, provided that the city, county, or city and county has adopted health and safety standards and procedures for homeless shelters pursuant to clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 8698.4 and the private entity that owns or operates the private shelter complies with these standards and procedures. 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 private homeless shelters, provided that the city, county, or city and county has adopted health and safety standards for homeless shelters pursuant to clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 8698.4 and the private entity that owns or operates the shelter complies with those standards. During the shelter crisis, local and state requirements for homeless shelters to be consistent with the local land use plans, including the general plan, shall be suspended in regard to private homeless shelters.

(3)A private homeless shelter 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), except that disposition of any vehicle or its contents abandoned by its owner shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 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 any entity to facilitate the lease, conveyance, or encumbrance of land owned by that entity, or to provide financial assistance to a private homeless shelter constructed or allowed by this section.

(b)In order for subdivision (a) to apply to a private entity, a private entity shall comply with all of the following:

(1)Private homeless shelters constructed or owned by the private entity shall comply with prevailing alternative minimum life safety standards.

(2)Private homeless shelters constructed or allowed under this chapter shall receive State Fire Marshal or fire inspector approval pursuant to the alternative minimum life safety standards.

(3)For any private homeless shelter built or expanded by the private entity, the entity shall agree to accept client referrals from the city, county, or city and county, including, but not limited to, the coordinated entry system.

SEC. 4.SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.