Amended in Senate August 2, 2016

Amended in Senate June 16, 2016

Amended in Assembly April 28, 2016

Amended in Assembly April 19, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2176

Introduced by Assembly Member Campos

February 18, 2016

An act to amend Section 8698 of, and to add and repeal Section 8698.3 of, the Government Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2176, as amended, Campos. Shelter crisis: emergency bridge housing communities.

Existing law authorizes a begin insert governing body of a end insert political subdivision, as defined, to declare a shelter crisis if the governing body begin delete of that political subdivision end delete makes a specified finding. Existing law authorizes a political subdivision to allow persons unable to obtain housing to occupy designated public facilities, as defined, during the period of a shelter crisis. Existing law provides that certain state and local laws, regulations, and ordinances are suspended during a shelter crisis, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.

This bill, until January 1, 2022, upon a declaration of a shelter crisis by the City of San Jose would authorize emergency housing to include an emergency bridge housing community, as defined, for the homeless. The bill, in lieu of state and local building, housing, health, habitability, or safety standards and laws, would authorize the city to enact local standards for emergency bridge housing communities to be operative during the shelter crisis, as provided. The bill would require the city, among other things, to match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that will be available for the resident to live in on or before January 1, 2022, and develop a plan for emergency bridge housing communities to include on-site supportive services. The bill would further require the city to annually report to the Legislature specific information on emergency bridge housing communities, including, among other information, the number of residents in every emergency bridge housing community and the actual and projected number of permanent affordable housing units available through January 1, 2022.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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, such as camping cabins or recreational
vehicles that are reserved for homeless persons and families and
located on property leased or owned by a political subdivision.
Those facilities 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.

SEC. 2.  

Section 8698.3 is added to the Government Code, to
read:

8698.3.  

Notwithstanding any other provisions in this chapter,
upon a declaration of a shelter crisis by the City of San Jose, the
following shall apply during a shelter crisis:

(a) Emergency housing may include an emergency bridge
housing community for the homeless located or constructed on
any city-owned or city-leased land, including land acquired with
low- and moderate-income housing funds.

(b)  begin insert (1) end insert begin insert   end insert The city may, in lieu of state and local building, housing,
health, habitability, or safety standards and laws, enact local
standards for emergency bridge housing communities to be
operative during the shelter crisis begin delete consistent end delete begin insert if both of the following
requirements are met: end insert

begin insert (A) end insert begin insert   end insert begin insert The local standards for emergency bridge housing
communities are consistent end insert with ensuring minimal public health
and safety. begin delete During end delete

begin insert

(B) The city determines at the time of the enactment that strict
compliance with state and local standards or laws in existence at
the time of the enactment would in any way prevent, hinder, or
delay the mitigation of the shelter crisis.

end insert

begin insert (2) end insert begin insert   end insert begin insert During end insert the shelter crisis, provisions of any state or local
begin delete regulatory statute, regulation, or ordinance prescribing standards
of end delete building, housing, health, habitability, or safety begin insert standards or
laws end insert shall be suspended for the emergency bridge housing
communities provided that the city has adopted health and safety
standards for emergency bridge housing communities begin insert consistent
with ensuring minimal public health and safety end insert 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 the
emergency bridge housing communities provided that the city has
adopted health and safety standards for emergency bridge housing
communities and those standards are complied with. begin delete This end delete

begin insert (3) end insert begin insert   end insert begin insert This end insert section applies only to a public facility or an emergency
bridge housing community reserved for the homeless pursuant to
this chapter.

(c) An emergency bridge housing community 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).

(d) An emergency bridge housing community that complies
with the applicable requirements of the Americans with Disabilities
Act of 1990 (Public Law 101-336), as amended by ADA
Amendments Act of 2008 (Public Law 110-325), shall be exempt
from Part 2.5 (commencing with Section 54) of Division 1 of the
Civil Code and actions thereunder for the duration of the shelter
crisis.

(e) The city shall match each resident of an emergency bridge
housing community to an affordable housing unit identified in the
city’s housing plan that shall be available for the resident to live
in on or before January 1, 2022.

(f) On or before July 1, 2017, the city shall develop a plan for
every emergency bridge housing community to include on-site
supportive services. The city shall make the report publicly
available.

(g) On or before January 1, 2018, and annually thereafter, the
city shall report to the Legislature the number of residents in every
emergency bridge housing community, the number of residents
who have moved from an emergency bridge housing community
into permanent affordable housing, the average time required for
a resident to receive a permanent affordable housing unit, and the
actual and projected number of permanent affordable housing units
available through January 1, 2022.

(h) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

SEC. 3.  

The Legislature finds and declares that a special law
is necessary and that a general law 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 City of San Jose.