BILL ANALYSIS                                                                                                                                                                                                    Ķ



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SR 84             Hearing Date:     8/11/2016
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          |Author:   |Hall                                                  |
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          |Version:  |8/4/2016                                              |
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          |Urgency:  | No                    |Fiscal:      |No              |
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          |Consultant|Alison Dinmore                                        |
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          SUBJECT:  State of Emergency: Homelessness


            DIGEST:  This resolution requests that the Governor declare a  
          state of emergency on homelessness.  

          ANALYSIS:
          
          Existing law:
          
          1)Creates the California Emergency Services Act, which empowers  
            the Governor to proclaim a state of emergency in an area  
            affected or likely to be affected thereby when:

             a)   He finds that a "state of emergency" exists.  Defines  
               "state of emergency" as the duly proclaimed existence of  
               conditions of disaster or of extreme peril to the safety of  
               persons and property within the state caused by such  
               conditions as air pollution, fire, flood, storm, epidemic,  
               riot, drought, sudden and severe energy shortage, plant or  
               animal infestation or disease, the Governor's warning of an  
               earthquake or volcanic prediction, an earthquake, or other  
               conditions, which, by reason of their magnitude, are or are  
               likely to be beyond the control of the services, personnel,  
               equipment, and facilities of any single local jurisdiction  
               and require the combined forces of a mutual aid region or  
               regions to combat.


             b)   He is requested to do so in the case of a city by the  








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               mayor or chief executive or in the case of a county by the  
               chairman of the board of supervisors or the county  
               administrative officer.


             c)   He finds that local authority is inadequate to cope with  
               the emergency.

          1)Permits the Governor, during a state of emergency, to the  
            extent he deems necessary, to have complete authority over all  
            agencies of the state government and the right to exercise all  
            police power vested in the state Constitution and laws of the  
            State of California to effectuate the purposes of the  
            emergency declaration.  In exercise thereof, he shall  
            promulgate, issue, and enforce such orders and regulations as  
            he deems necessary.

          2)Permits the Governor, during a state of emergency, to direct  
            all agencies of the state government to utilize and employ  
            state personnel, equipment, and facilities for the performance  
            of any and all activities to prevent or alleviate actual and  
            threatened damage due to the emergency; and he may direct such  
            agencies to provide supplemental services and equipment to  
            political subdivisions to restore any services which must be  
            restored in order to provide for the health and safety of the  
            citizens of the affected area.  Any agency so directed by the  
            Governor may expend any of the funds which have been  
            appropriated to it in performing such activities, irrespective  
            of the particular purpose for which the money was  
            appropriated.

          3)Requires the Governor to proclaim the termination of a state  
            of emergency at the earliest possible date that conditions  
            warrant.  All of the powers granted to the Governor terminate  
            when the state of emergency has been terminated by  
            proclamation of the Governor or by concurrent resolution of  
            the Legislature declaring it at an end.

          This resolution:

          1)Requests that the Governor declare a state of emergency on  
            homelessness.  

          2)Resolves that the Senate recognizes that the challenge of  
            confronting homelessness requires the active engagement and  









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            leadership of all branches of government.

          3)Resolves that the Senate must prioritize taking action on  
            homelessness prior to the adjournment of the 2015-16 Regular  
            Session of the Legislature. 

          COMMENTS:

          1)Purpose.  According to the author, homelessness in California  
            has risen to historic levels and accounts for 21% of the  
            nation's homeless population.  There are over 115,000 homeless  
            individuals in the state, and nearly 47,000 of them are in Los  
            Angeles County.  The homeless crisis endangers the health and  
            safety of thousands of California residents, including  
            veterans, women, children, LGBT youth, seniors, and persons  
            with disabilities.  The tremendous scale of homelessness  
            throughout the state and Los Angeles County threatens economic  
            stability by burdening public safety, emergency medical  
            services, and social services infrastructure.

          2)California Emergency Services Act (Act).  The stated purpose  
            of the Act is "to mitigate the effects of natural, manmade, or  
            war-caused emergencies that result in conditions of disaster  
            or in extreme peril to life, property, and the resources of  
            the state, and generally to protect the health and safety and  
            preserve the lives and property of the people of the state."   
            Specifically, the statute lists a number of conditions of  
            disaster as examples, primarily natural disasters, including  
            floods, drought, or earthquakes.  Recently, the Governor  
            declared states of emergency in Kern County for the Erskine  
            fire (2016), San Bernardino County for the San Bernardino  
            Waterman incident (2015), and Napa and Solano counties for the  
            Napa earthquake (2014).  Recent statewide emergencies were  
            declared for the ongoing drought (2014), which is enumerated  
            in the Act, and the El Niņo floods (1997).  

          3)Broad authority to the Governor.  Under the Act, a declaration  
            of emergency grants the Governor powers necessary to address  
            the needs of the emergency.  The Act explicitly grants the  
            Governor complete authority over all agencies of the state  
            government and to promulgate, issue, and enforce such orders  
            and regulations as he deems necessary.  The Governor may  
            direct all agencies of the state government to utilize and  
            employ state personnel, equipment, and facilities to prevent  
            or alleviate the emergency.  Additionally, the Governor  









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            maintains these powers until the emergency is ended as  
            determined by the Governor or a concurrent resolution by the  
            Legislature. 

            This authority could be used to draft new regulations, or  
            waive existing state statutes or local laws to deal with  
            homelessness.  Given that homelessness has been exacerbated by  
            the lack of affordable housing in California, the solution to  
            ending homelessness is to create more affordable housing.  One  
            way to encourage housing is to reduce regulatory barriers to  
            construction, including waiving environmental laws such as  
            CEQA or the Endangered Species Act, or reducing or waiving  
            local zoning laws.  Additionally, unlike the natural disasters  
            enumerated in the Act, it is difficult to measure the end of  
            "homelessness," which means the state of emergency could  
            continue indefinitely.  The committee may wish to consider the  
            implications of encouraging the Governor to take advantage of  
            an unchecked delegation of authority when there could be no  
            clear end date.

          4)Precedent setting.  States of emergency in California have  
            been declared for natural disasters, generally isolated to the  
            specific locality where the disaster took place.  The  
            authority granted under the Act provides immediate assistance  
            to local jurisdictions when they cannot help themselves.   
            "Homelessness" is not an enumerated type of emergency within  
            the Act and the Governor would have to determine that it is an  
            "other condition" that poses a disaster or extreme peril to  
            the safety of people or property that is beyond the control of  
            the services, personnel, equipment, and facilities of any  
            single locality.  

            There is no question that homelessness is a chronic problem  
            that needs real and lasting solutions, and that expeditious  
            action by the state is necessary.  Additionally, California,  
            unlike other states in the nation, has seen a rise in  
            homelessness over the last year.  This resolution, however,  
            seeks to address a chronic problem and not an acute one that  
            is traditionally considered an emergency.  Arguably,  
            California faces many chronic social issues worthy of  
            addressing, including poverty, hunger, and drug abuse.  The  
            committee may wish to consider whether such a request of the  
            Governor may set a precedent for other social crises that were  
            likely not enumerated in the Act as written.  










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          5)Impact of a Senate Resolution.  The Legislature does not have  
            the power to declare a state of emergency; that authority  
            rests only with the Governor.  In fact, under existing law,  
            the Governor has the ability to declare a state of emergency  
            on homelessness if he deems it necessary.  The Legislature has  
            the power to pass resolutions, which are measures for stating  
            policies and expressing the views of the house.  When the  
            Assembly passed HR 56 urging Governor Brown to declare a state  
            of emergency on homelessness, it was expressing its opinion  
            that homelessness is beyond the control of local authority and  
            requires state emergency assistance.  This resolution would  
            send a message that the Senate believes the Governor should  
            take any measures he deems necessary to unilaterally combat  
            homelessness.   
          
          6)Fiscal impacts.  Given the broad language in this resolution,  
            the Department of Finance (DOF) was unable to provide a fiscal  
            estimate to the state, but stated it could cost anywhere  
            between $0 and billions of dollars.  

            According to the Office of Emergency Services, it is unlikely  
            a declaration of a state of emergency for homelessness would  
            free up any additional federal dollars to combat homelessness.  
             In order to receive federal dollars, California would have to  
            be declared a "federal disaster area" to qualify, and  
            homelessness is unlikely to qualify as a "federal disaster."   
            Further, according to DOF, it is unlikely that funds in the  
            California Disaster Assistance Act (CDAA) account could be  
            used for addressing homelessness if a state of emergency were  
            declared.  CDAA funds, which are continuously appropriated by  
            the legislature, are used for response and re-building costs  
            from natural disasters such as fires and floods. 

          7)Governor's response.  Earlier this year, the Assembly passed  
            HR 56 (Santiago), which was identical to this resolution.  On  
            June 16, 2016, the Los Angeles Times reported: "In a statement  
            via a spokeswoman, the Governor said [that day] that a  
            gubernatorial declaration of emergency 'is not appropriate.'"   
            The statement went on to say that the Governor "recognize[s]  
            the importance of addressing homelessness in our cities and  
            will continue to support local governments, which remain best  
            positioned to tackle challenges like this and tailor solutions  












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            to the needs of their communities."<1>  The article was titled  
            "Governor Jerry Brown again refuses to declare a state of  
            emergency on homelessness," which indicates this is not the  
            first time he has contemplated and rejected the idea.  
          
          8)States of emergency for homelessness elsewhere.  The City and  
            County of Los Angeles, like many other cities and counties in  
            California, are experiencing a homelessness crisis.  Economic  
            shifts in the state have made even the most basic housing  
            unaffordable for many Californians, forcing them to live out  
            in the open. Recently, the Los Angeles City Council declared a  
            state of emergency on homelessness and called for the  
            expenditure of $100 million to help address the crisis.   
            Similarly, the City of Seattle declared the city's growing  
            homelessness an emergency and the mayor presented a $5.3  
            million plan to respond to the growing demand for shelters.  

            Similarly, the Governor of the State of Hawaii declared a  
            state of emergency due to the "homeless situation."  The  
            Hawaii state statutes authorize the Governor to declare a  
            state of emergency if the Governor finds that an emergency or  
            disaster has occurred or that there is an imminent danger or  
            threat of an emergency or disaster in any portion of the  
            state.  A disaster is defined as "any emergency, or imminent  
            threat thereof, which results or may likely result in loss of  
            life or property and requires, or may require, assistance from  
            other counties or states or from the federal government.<2>"   
            An emergency is defined as "any occurrence, or imminent threat  
            thereof, which results or may likely result in substantial  
            injury or harm to the population or substantial harm to or  
            loss of property.<3>"  The governor is the sole judge of the  
            existence of the danger, threat, or circumstances that gives  
            rise to the declaration of a state of emergency.<4>

            This language is considerably broader than the corresponding  
            California statute.  To declare a state of emergency in  
            California due to homelessness, homelessness would need to  
            --------------------------
          <1> Gov. Jerry Brown again refuses to declare a state of  
          emergency on homelessness.  Los Angeles Times.  June 16, 2016.   
          Accessed on August 9 here:  
          http://www.latimes.com/local/lanow/la-me-ln-governor-homelessness 
          -emergency-20160616-snap-story.html
          <2> Hawaii Revised Statutes §127A-2
          <3> Id. 
          <4> Hawaii Revised Statutes §127A-14(c)








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            qualify as a condition of disaster or of extreme peril to the  
            safety of persons and property within the state, and  
            homelessness would need to be beyond, or likely to be beyond,  
            the control of the services, personnel, equipment, and  
            facilities of any single county, city and county, or city and  
            require the forces of a mutual aid region or regions to  
            combat.  This is a much more stringent test than Hawaii's.

          9)Opposition. This resolution was referred to the committee on  
            August 10, and thus the committee was not able to receive  
            input from all interested stakeholders before the hearing.   
            Environmental groups may raise concerns over the Governor's  
            ability to waive existing environmental laws that must be  
            considered when building housing.  Local jurisdictions may  
            raise concerns over the Governor's ability to waive local  
            zoning ordinances, which have traditionally been part of their  
            police powers.  Housing organizations and homeless advocacy  
            groups may have concerns over the ability for the Governor to  
            draft emergency regulations, which provide less time for  
            public input.

          Related Legislation:
          
          HR 56 (Santiago, 2016) - recognizes that the challenge of  
          confronting homelessness requires the active engagement and  
          leadership of all arms of government and requests that Governor  
          Brown declare a state of emergency on homelessness.  This  
          resolution passed the Assembly on June 30, 2016. 
          
          FISCAL EFFECT:  Appropriation:       Fiscal Com.:  No     Local:  
           No 
            
          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          August 10, 2016.)
          
            SUPPORT:  

          Los Angeles County Board of Supervisors (sponsor)
          California State Association of Counties
          Urban Counties of California
          24,305 individuals (change.org petition)

          OPPOSITION:










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          None received


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