Bill Text: CA AB2211 | 2021-2022 | Regular Session | Amended
Bill Title: Shelter crisis: homeless shelters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2211 Detail]
Download: California-2021-AB2211-Amended.html
Amended
IN
Assembly
May 02, 2022 |
Introduced by Assembly Member Ting |
February 15, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would exempt a private entity that owns or operates a private homeless shelter within the jurisdiction of a city, county, or city and county that is in a shelter crisis from
compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws if a city, county, or city and county has adopted an ordinance that sets reasonable local standards and procedures for the design, site, development, and operation of homeless shelters and the structures and facilities therein. This bill would suspend the application of any housing, health, habitability, planning and zoning, or safety standards, procedures or laws to a private entity that owns or operates a private homeless shelter provided that the city, county, or city and county has adopted health and safety standards and procedures and provided that the private entity complies with these standards.
This bill would also suspend specified landlord tenant laws provided that the city, county, or city and county has adopted the above health and safety standards and procedures and provided that the private entity
complies with these standards. This bill would provide that a private homeless shelter is not subject to specified state laws during the shelter crisis, including the Recreational Vehicle Park Occupancy Law. This bill would also exempt actions taken by any entity to facilitate the lease, conveyance, or encumbrance of land owned by that entity, or to provide financial assistance to, a private homeless shelter constructed or allowed by this section from the California Environmental Quality Act. This bill would require a private entity to comply with specified requirements for the above exemptions and suspensions of law to apply to it. By expanding the scope of these provisions to apply to a private entity within any city, county, or city and county during a shelter crisis, the bill would expand the above-described exemption from the California Environmental Quality Act.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8698.2 of the Government Code is amended to read:8698.2.
(a) (1) The governing body may declare a shelter crisis, and may take such action as is necessary to carry out the provisions of this chapter, upon a finding by that governing body that a significant number of persons within the jurisdiction of the governing body are without the ability to obtain shelter, and that the situation has resulted in a threat to the health and safety of those persons.SEC. 2.
Section 8698.4 of the Government Code is amended to read:8698.4.
(a) Notwithstanding any other provision in this chapter, upon a declaration of a shelter crisis by a city, county, or city and county, or upon the occurrence of a shelter crisis within a city, county, or city and county pursuant to subdivision (c) of Section 8698.2, all of the following shall apply to the respective city, county, or city and county during the shelter crisis:(1)
(2)
(a)Notwithstanding any other provision in this chapter, upon a declaration of a shelter crisis by a city, county, or city and county, or upon the occurrence of a shelter crisis within a city, county, or city and county pursuant to subdivision (c) of Section 8698.2, all of the following shall apply to a private entity within the boundaries of the city, county, or city and county during the shelter crisis if the entity satisfies the requirements of subdivision(b):
(1)A private homeless shelter that is owned or operated by a private entity is not required to comply with local building approval procedures or state housing, health, habitability, planning and zoning,
or safety standards, procedures, and laws if the city, county, or city and county has adopted an ordinance pursuant to clause (i) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 8698.4. The private entity shall comply with the standards set forth in the ordinance.
(2)Provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws shall be suspended for a private homeless shelter, provided that the city, county, or city and county has adopted health and safety standards and procedures for homeless shelters pursuant to clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 8698.4 and the private entity that owns or operates the private shelter complies with these standards and procedures. 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 private homeless shelters, provided that the city, county, or city and county has adopted health and safety standards for homeless shelters pursuant to clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 8698.4 and the private entity that owns or operates the shelter complies with those standards. During the shelter crisis, local and state requirements for homeless shelters to be consistent with the local land use plans, including the general plan, shall be suspended in regard to private homeless shelters.
(3)A private homeless shelter 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), the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), or the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section
799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), except that disposition of any vehicle or its contents abandoned by its owner shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code.
(4)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to actions taken by any entity to facilitate the lease, conveyance, or encumbrance of land owned by that entity, or to provide financial assistance to a private homeless shelter constructed or allowed by this section.
(b)In order for subdivision (a) to apply to a private entity, a private entity shall comply with all of the following:
(1)Private homeless shelters constructed or owned by the private entity shall comply with prevailing alternative minimum life safety standards.
(2)Private homeless shelters constructed or allowed under this chapter shall receive State Fire Marshal or fire inspector approval pursuant to the alternative minimum life safety standards.
(3)For any private homeless shelter built or expanded by the private entity, the entity shall agree to accept client referrals from the city, county, or city and county, including, but not limited to, the coordinated entry system.