California Assembly Bill AB2176 Amended / Bill

 BILL NUMBER: AB 2176AMENDED 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.