BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 2176
          Author:   Campos (D) 
          Amended:  8/3/16 in Senate
          Vote:     21 

           SENATE TRANS. & HOUSING COMMITTEE:  10-0, 6/14/16
           AYES:  Beall, Cannella, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski
           NO VOTE RECORDED:  Allen

           SENATE JUDICIARY COMMITTEE:  7-0, 6/28/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  77-0, 5/12/16 - See last page for vote

           SUBJECT:   Shelter crisis:  emergency bridge housing  
                     communities


          SOURCE:    City of San Jose


          DIGEST:  This bill authorizes the City of San Jose to operate an  
          emergency bridge housing community for homeless persons during a  
          declared shelter crisis.  
          
          ANALYSIS:  

          Existing law:
          








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          1)Authorizes a governing body to declare a shelter crisis.   
            "Declaration of a shelter crisis" is defined as 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.   "Governing  
            body" is defined as the Governor for the state; legislative  
            body for a city or a city and county; the board of supervisors  
            for a county; the governing board or board of trustees for a  
            district or other public agency; or an official designated by  
            ordinance or resolution by a governing body. 

          2)Authorizes a public agency, upon declaration of a shelter  
            crisis, to allow persons unable to obtain housing to occupy  
            designated public facilities during the duration of the state  
            of emergency.  "Public facility" means any facility of a  
            political subdivision, including parks, schools, and vacant or  
            underutilized facilities which are owned, operated, leased, or  
            maintained by the political subdivision through money derived  
            by taxation or assessment. 

          3)States that upon the declaration of a shelter crisis, the  
            political subdivision shall be immune from liability for  
            ordinary negligence in the provision of emergency housing.   
            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.

          4)Suspends the provisions of any state or local statute,  
            regulation, or ordinance 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.  Political subdivisions 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. 

          This bill:

          1)Defines "emergency bridge housing community" as 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. 







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          2)Requires emergency bridge housing communities to:

             a)   Include supportive and self-sufficiency development  
               services.

             b)   Have the ultimate goal of moving homeless persons to  
               permanent housing as quickly as reasonably possible.

             c)   Limit rents and service fees to an ability-to-pay  
               formula reasonably consistent with the U.S. Department of  
               Housing and Urban Development's requirements for subsidized  
               housing for low-income persons.

          3)Provides that the following apply during a shelter crisis  
            declared by the City of San Jose (the city):

             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 redevelopment  
               housing funds.

             b)   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 if  
               both the following requirements are met:  

               i)     The local standards for emergency bridge housing  
                 communities are consistent with ensuring minimal public  
                 health and safety.

               ii)    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. 

             c)   During the shelter crisis, provisions of any state or  
               local building housing, health, habitability, or safety  
               standards or laws shall be suspended for the transitional  
               housing communities provided that the city has adopted  
               health and safety standards for emergency bridge housing  







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               communities consistent with ensuring minimal public health  
               and safety and those standards are complied with.

             d)   Landlord tenant laws providing for 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.  

             e)   Provisions (b) through (d) above apply only to a public  
               facility or an emergency bridge housing community reserved  
               for the homeless.  

          4)Exempts an emergency bridge housing community from the Special  
            Occupancy Parks Act, the Mobilehome Parks Act, and the  
            Mobilehome Residency Law. 

          5)Exempts an emergency bridge housing community that complies  
            with the applicable requirements of the Americans with  
            Disabilities Act from actions under that law for the duration  
            of the shelter crisis.  

          6)Requires the city to 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  
            to the resident to live in on or before January 1, 2022.

          7)Requires the city, on or before January 1, 2017, to develop a  
            plan for every emergency bridge housing community to include  
            on-site supportive services.  The city shall make this report  
            publicly available.

          8)Requires the city to report annually to the Legislature on 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 supportive housing unit, and the actual and  
            projected number of permanent supportive housing units  
            available through January 1, 2022.

          9)Provides that this bill shall remain in effect only until  
            January 1, 2022. 







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          Comments

          1)Purpose. According to the author, of the 4,063 homeless  
            individuals living in San Jose in 2015, 69% were living on the  
            street, or in abandoned warehouses, storage structures,  
            vehicles, or encampments.  According to the City of San Jose,  
            sponsor of this bill, over the last few years, the city and  
            its partners have pursued several innovative homeless housing  
            initiatives, including creating a pipeline of over 400  
            permanent supportive housing and rapid rehousing units;  
            repurposing hotels and motels for the purpose of bridge  
            housing; utilizing manufactured homes to accelerate  
            traditional development and construction timelines; and even  
            declaring a shelter crisis under the current law.  

            The city also asserts that with thousands living on the  
            streets, immediate action is needed to ensure the continued  
            health and well-being of San Jose's citizens.  The city is  
            currently developing short- and long-term strategies to combat  
            its homelessness crisis, including $103 million in the  
            development of over 850 new housing units.  The city argues  
            that while it has a robust pipeline of projects that will be  
            available in the next several years, there is an immediate  
            need to address the crisis through the construction and  
            operation of emergency bridge housing communities for homeless  
            persons.  This bill will authorize the City of San Jose to  
            prepare local building, housing, health, habitability, or  
            safety standards for the development of emergency bridge  
            housing communities to address the short-term housing needs of  
            the homeless community while new permanent supportive housing  
            is being financed and constructed. 

          2)Emergency bridge housing communities.  The existing Shelter  
            Crisis Act permits a local jurisdiction to declare a shelter  
            crisis with limited liability to provide emergency housing.   
            It also permits the jurisdiction to allow homeless persons to  
            occupy designated public facilities for the duration of the  
            crisis.  Further, the Act suspends local housing, health, and  
            safety standards for public facilities to the extent full  
            compliance would hamper mitigation of the effects of the  
            shelter crisis. 

            Emergency housing is typically provided as shelter beds  







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            allowing for an overnight stay.  According to the City of San  
            Jose, because the Shelter Crisis Act does not protect from  
            habitability rules and the impact on landlord-tenant law, a  
            jurisdiction would potentially incur liability in providing  
            anything beyond transient shelter beds in facilities designed  
            under the Act.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/2/16)


          City of San Jose (source)
          Non-profit Housing Association of Northern California
          SV@Home


          OPPOSITION:   (Verified8/2/16)


          None received


          ASSEMBLY FLOOR:  77-0, 5/12/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,  
            Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández,  
            Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Rendon
          NO VOTE RECORDED:  Burke, Harper, Jones-Sawyer

          Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
          8/15/16 20:27:05








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