California Assembly Bill AB2176 Amended / Bill

 BILL NUMBER: AB 2176AMENDED 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.