Bill Text: CA AB2176 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2176 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Shelter crisis: emergency bridge housing communities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-27 - Chaptered by Secretary of State - Chapter 691, Statutes of 2016. [AB2176 Detail]

Download: California-2015-AB2176-Amended.html

BILL NUMBER: AB 2176	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2016

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 18, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2176, as amended, Campos. Shelter crisis: declaration: public
facilities.
   Existing law authorizes a political subdivision, as defined, to
declare a shelter crisis if the governing body of that political
subdivision 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  2,   1,  2022,
upon a declaration of a shelter crisis by the  County of
Santa Clara   City of San Jose  during  the
duration of the   a  shelter crisis, among other
things, would authorize emergency housing to include a transitional
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  county 
 city  to enact local standards for transitional housing
communities to be operative during the shelter crisis, as provided.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the  County of Santa
Clara.   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) "Transitional housing community" means any facilities,
including housing in temporary  structures  
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
 must   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  County of
Santa Clara,   City of San Jose,  the following
shall apply during  the duration of the   a
 shelter  crisis.   crisis: 
   (a) Emergency housing may include a transitional housing community
for the homeless located or constructed on any  county-owned
or leased   city-owned or city-leased  land,
including land acquired with low- and moderate-income housing funds.
   (b) The  county   city  may, in lieu of
state and local building, housing, health,  habitability
  habitability,  or safety standards and laws,
enact local standards for transitional housing communities to be
operative during the shelter crisis consistent with ensuring minimal
public health and safety. During the shelter crisis, provisions of
any state or local regulatory statute, regulation, or ordinance
prescribing standards of building, housing, health, habitability, or
safety shall be suspended for the transitional housing communities
provided that the  county   city  has
adopted health and safety standards for transitional housing
communities and those standards are complied with. Landlord tenant
laws codified in  Civil Code  Sections 1941 to
1942.5, inclusive, of the Civil Code providing a cause of action for
habitability or tenantability, shall be suspended for the
transitional housing communities provided that the  county
  city  has adopted health and safety standards for
transitional housing communities and those standards are complied
with. This section applies only to a public facility or a
transitional housing community reserved for the homeless pursuant to
this chapter.
   (c) A transitional housing community constructed or allowed under
this chapter shall not be subject to the Special Occupancy Parks
 Act,   Act (Part 2.3 (commencing with Section
18860) of Division 13 of the Health and Safety Code),  the
Mobilehome Parks  Act,   Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code),  or  the  Mobilehome Residency 
Law.   Law (Chapter 2.5 (commencing with Section 798) of
Title 2 of Part 2 of Division 2 of the Civil Code). 
   (d) A transitional 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 
Sections 54 to 55.32, inclusive,   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) This section shall remain in effect only until January
 2,   1,  2022, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January  2,   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  County of Santa Clara.   City of San Jose.