Bill Text: CA AB362 | 2021-2022 | Regular Session | Amended
Bill Title: Homeless shelters: safety regulations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-09-29 - Chaptered by Secretary of State - Chapter 395, Statutes of 2021. [AB362 Detail]
Download: California-2021-AB362-Amended.html
Amended
IN
Senate
August 26, 2021 |
Amended
IN
Senate
June 30, 2021 |
Amended
IN
Assembly
May 24, 2021 |
Amended
IN
Assembly
May 04, 2021 |
Amended
IN
Assembly
April 20, 2021 |
Amended
IN
Assembly
March 18, 2021 |
Introduced by Assembly Member Quirk-Silva |
February 01, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
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.
Article 2.3 (commencing with Section 17974) is added to Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, to read:Article 2.3. Inspection of Homeless Shelters
17974.
For purposes of this article:(1)
(2)
(3)
(a)(1)Notwithstanding any other provision of this part, a city or county shall conduct at least one announced or unannounced inspection of each homeless shelter within its jurisdiction each year.
(2)The city or county shall maintain all records on file of each homeless shelter inspection. These records shall be made available to the public for inspection.
(b)
17974.1.
(a) Notwithstanding any other provision of this part, a city or county that receives a complaint from an occupant of a homeless shelter, or an agent of an occupant, that alleges a homeless shelter is substandard pursuant to Section 17920.3 shall do all of the following:(c)
17974.2.
(a) The owner or operator of a homeless shelter shall be responsible for the correction of any violations for which a notice of violation has been given under this article.(c)(1)The mandatory duties imposed on cities and counties by this article are designed to protect against the risk that a city or county fails to conduct reasonable inspections in response to a legitimate complaint of substandard housing conditions, as
set forth in Section 17974.1.
(2)Compliance with Section 17974.1 shall constitute reasonable diligence to discharge the mandatory duty imposed by this article and, accordingly, a city or county that complied with this article shall not be subject to liability pursuant to Section 815.6 of the Government Code.
(3)This article shall not affect the availability of any immunity otherwise applicable to the city or county or its employees, including, but not limited to, Sections 818.2, 818.4, 818.6, 820.2, 821, 821.2, and 821.4 of the Government Code.
17974.3.
17974.4.
(a) In addition to the penalties authorized under Chapter 6 (commencing with Section 17995), an owner or operator of a homeless shelter who fails to meet the timelines to correct a violation under this article, building standards published in the State Building Standards Code relating thereto, or any other rules or regulations adopted by the department pursuant to this part, may be liable for a civil penalty in an amount determined by the city or county for each violation or for each day of a continuing violation.17974.5.
(a) (1) Each city and each county shall submit a report annually to the department and the state agency by April 1 of each year that includes all of the following information:(1)
(2)
(3)
(4)
(5)