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 28, 2016
	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 of, the Government Code, relating to housing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2176, as amended, Campos. Shelter crisis:  declaration:
public facilities.   emergency bridge housing
communities. 
   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 1, 2022, upon a declaration of a shelter
crisis by the City of San Jose  during a shelter crisis,
among other things,  would authorize emergency housing to
include  a transitional housing   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  transitional housing 
 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 i
  n 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)  "Transitional housing   "Emergency
bridge housing  community" means any  new or existing 
facilities,  including   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  a transitional housing
  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) The city may, in lieu of state and local building, housing,
health, habitability, or safety standards and laws, enact local
standards for  transitional housing   emergency
bridge 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
city has adopted health and safety standards for 
transitional housing   emergency bridge housing 
communities 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  transitional housing 
 emergency bridge housing  communities provided that the
city has adopted health and safety standards for 
transitional housing   emergency bridge housing 
communities and those standards are complied with. This section
applies only to a public facility or  a transitional housing
  an emergency bridge housing  community reserved
for the homeless pursuant to this chapter.
   (c)  A transitional housing   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)  A transitional housing   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.  
   (e) 
    (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.