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 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

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.  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.   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.
 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:  no
  yes  . 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) "Emergency bridge housing community" means 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. 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 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) (1) The city may, in lieu of  compliance with  state
and local building, housing, health, habitability, or safety
standards and laws,  enact   adopt and enforce
by ordinance reasonable  local standards for  the design,
site development, and operation of  emergency bridge housing
communities  to be operative during the shelter crisis if
both of the following requirements are met:   and the
structures and facilities therein, to the extent that it is
determined at the time of adoption that strict compliance with state
and local standards or laws in existence at the time of that adoption
would in any way prevent, hinder, or delay the mitigation of the
effects of the shelter crisis. The Department of Housing and
Community Development shall review the city's draft ordinance to
ensure it addresses minimum health and safety standards. The
department shall, as set forth in Section 9795 of the  
Government Code, provide its findings to the Senate and Assembly
housing committees and the Senate Judiciary Committee within 30
calendar days of receiving the draft ordinance.  
   (A) The local standards for emergency bridge housing communities
are consistent with ensuring minimal public health and safety.
 
   (B) 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. 
   (2) During the shelter crisis, provisions of any state or local
building, housing, health, habitability, or safety standards or laws
shall be suspended for the emergency bridge housing communities
provided that the city has adopted health and safety standards for
emergency bridge housing communities consistent with ensuring minimal
public health and safety 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 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.
   (3) This section applies only to a public facility or an emergency
bridge housing community reserved for the homeless pursuant to this
chapter.
   (c) 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) 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  the  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.
   (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.