Amended in Senate August 3, 2016

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 BillNo. 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 governing body of a political subdivision, as defined, to declare a shelter crisis if the governing body 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.begin delete 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.end deletebegin insert The bill, in lieu of compliance with state and local building, housing, health, habitability, or safety standards and laws, would authorize the city to adopt and enforce by ordinance reasonable local standards for emergency bridge housing communities, as specified. The bill would require the Department of Housing and Community Development to review the draft ordinance to ensure it addresses minimum health and safety standards and to provide its findings to committees of the Legislature, as provided.end insert 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: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 8698 of the Government Code is amended
2to read:

3

8698.  

For purposes of this chapter, the following definitions
4shall apply:

5(a) “Political subdivision” includes the state, any city, city and
6county, county, special district, or school district or public agency
7authorized by law.

8(b) “Governing body” means the following:

9(1) The Governor for the state.

10(2) The legislative body for a city or city and county.

P3    1(3) The board of supervisors for a county.

2(4) The governing board or board of trustees for a district or
3other public agency.

4(5) An official designated by ordinance or resolution adopted
5by a governing body, as defined in paragraph (2), (3), or (4).

6(c) “Public facility” means any facility of a political subdivision
7including parks, schools, and vacant or underutilized facilities
8which are owned, operated, leased, or maintained, or any
9combination thereof, by the political subdivision through money
10derived by taxation or assessment.

11(d) “Declaration of a shelter crisis” means the duly proclaimed
12existence of a situation in which a significant number of persons
13are without the ability to obtain shelter, resulting in a threat to their
14health and safety.

15(e) “Emergency bridge housing community” means any new or
16existing facilities, including, but not limited to, housing in
17temporary structures, such as camping cabins or recreational
18vehicles that are reserved for homeless persons and families and
19located on property leased or owned by a political subdivision.
20Those facilities shall include supportive and self-sufficiency
21development services, have the ultimate goal of moving homeless
22persons to permanent housing as quickly as reasonably possible,
23and limit rents and service fees to an ability-to-pay formula
24reasonably consistent with the United States Department of
25Housing and Urban Development’s requirements for subsidized
26housing for low-income persons.

27

SEC. 2.  

Section 8698.3 is added to the Government Code, to
28read:

29

8698.3.  

Notwithstanding any other provisions in this chapter,
30upon a declaration of a shelter crisis by the City of San Jose, the
31following shall apply during a shelter crisis:

32(a) Emergency housing may include an emergency bridge
33housing community for the homeless located or constructed on
34any city-owned or city-leased land, including land acquired with
35low- and moderate-income housing funds.

36(b) (1) The city may, in lieu ofbegin insert compliance withend insert state and local
37building, housing, health, habitability, or safety standards and laws,
38begin delete enactend deletebegin insert adopt and enforce by ordinance reasonableend insert local standards
39forbegin insert the design, site development, and operation ofend insert emergency
40bridge housing communitiesbegin delete to be operative during the shelter
P4    1crisis if both of the following requirements are met:end delete
begin insert and the
2structures and facilities therein, to the extent that it is determined
3at the time of adoption that strict compliance with state and local
4standards or laws in existence at the time of that adoption would
5in any way prevent, hinder, or delay the mitigation of the effects
6of the shelter crisis. The Department of Housing and Community
7Development shall review the city’s draft ordinance to ensure it
8addresses minimum health and safety standards. The department
9shall, as set forth in Section 9795 of the Government Code, provide
10its findings to the Senate and Assembly housing committees and
11the Senate Judiciary Committee within 30 calendar days of
12receiving the draft ordinance.end insert

begin delete

13(A) The local standards for emergency bridge housing
14communities are consistent with ensuring minimal public health
15and safety.

end delete
begin delete

16(B) The city determines at the time of the enactment that strict
17compliance with state and local standards or laws in existence at
18the time of the enactment would in any way prevent, hinder, or
19delay the mitigation of the shelter crisis.

end delete

20(2) During the shelter crisis, provisions of any state or local
21building, housing, health, habitability, or safety standards or laws
22shall be suspended for the emergency bridge housing communities
23provided that the city has adopted health and safety standards for
24emergency bridge housing communities consistent with ensuring
25minimal public health and safety and those standards are complied
26with. Landlord tenant laws codified in Sections 1941 to 1942.5,
27inclusive, of the Civil Code providing a cause of action for
28habitability or tenantability, shall be suspended for the emergency
29bridge housing communities provided that the city has adopted
30health and safety standards for emergency bridge housing
31communities and those standards are complied with.

32(3) This section applies only to a public facility or an emergency
33bridge housing community reserved for the homeless pursuant to
34this chapter.

35(c) An emergency bridge housing community constructed or
36allowed under this chapter shall not be subject to the Special
37Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
38of Division 13 of the Health and Safety Code), the Mobilehome
39Parks Act (Part 2.1 (commencing with Section 18200) of Division
4013 of the Health and Safety Code), or the Mobilehome Residency
P5    1Law (Chapter 2.5 (commencing with Section 798) of Title 2 of
2Part 2 of Division 2 of the Civil Code).

3(d) An emergency bridge housing community that complies
4with the applicable requirements of the Americans with Disabilities
5Act of 1990 (Public Law 101-336), as amended bybegin insert theend insert ADA
6Amendments Act of 2008 (Public Law 110-325), shall be exempt
7from Part 2.5 (commencing with Section 54) of Division 1 of the
8Civil Code and actions thereunder for the duration of the shelter
9crisis.

10(e) The city shall match each resident of an emergency bridge
11housing community to an affordable housing unit identified in the
12city’s housing plan that shall be available for the resident to live
13in on or before January 1, 2022.

14(f) On or before July 1, 2017, the city shall develop a plan for
15every emergency bridge housing community to include on-site
16supportive services. The city shall make the report publicly
17available.

18(g) On or before January 1, 2018, and annually thereafter, the
19city shall report to the Legislature the number of residents in every
20emergency bridge housing community, the number of residents
21who have moved from an emergency bridge housing community
22into permanent affordable housing, the average time required for
23a resident to receive a permanent affordable housing unit, and the
24actual and projected number of permanent affordable housing units
25available through January 1, 2022.

26(h) This section shall remain in effect only until January 1, 2022,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2022, deletes or extends that date.

29

SEC. 3.  

The Legislature finds and declares that a special law
30is necessary and that a general law cannot be made applicable
31within the meaning of Section 16 of Article IV of the California
32Constitution because of the unique need to address the problem
33of homelessness in the City of San Jose.



O

    94