California 2025-2026 Regular Session

California Senate Bill SB606 Compare Versions

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1-Amended IN Senate March 27, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 606Introduced by Senator BeckerFebruary 20, 2025 An act to amend Section 8698.1 of the Government Code, add Section 50224 to the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 606, as amended, Becker. Shelter crisis: emergency housing: immunity from liability. Homeless Housing, Assistance, and Prevention program: reporting requirements: functional zero unsheltered.Existing law establishes the Homeless Housing, Assistance, and Prevention (HHAP) program for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in 6 rounds, with rounds 1 to 5, inclusive, administered by the Interagency Council on Homelessness and round 6 administered by the Department of Housing and Community Development, as provided. Existing law requires a program applicant to provide specified information through data collection, reporting, performance monitoring, and accountability framework, as established by the council.This bill would enact the Functional Zero Unsheltered Act, which, beginning with round 6 of the HHAP program, would require an applicant to provide information relating to its efforts to address homelessness in its jurisdiction, including an assessment of what would be required for the applicant to achieve functional zero unsheltered, which the bill would define as sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count, and information regarding the applicants implementation of local homeless housing incentives, as provided. The bill would require, as part of the assessment of progress toward functional zero unsheltered, applicants to include a financial model assessing the needs for investment in prescribed areas and further analysis of, among other things, funding programs that provide housing or services to persons experiencing homelessness. The bill would also require an applicant to demonstrate its efforts to include small cities, as defined, in its Regionally Coordinated Homeless Action Plan, as specified, and provide the most recent homeless point-in-time counts of small cities in the applicants jurisdiction.Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law requires the political subdivision to be immune from liability for ordinary negligence in the provision of emergency housing, as provided, and suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law authorizes a political subdivision to, in place of those standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. Existing law also exempts from the California Environmental Quality Act (CEQA) specified actions by a state agency or a city, county, or city and county to, among other things, approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed under these provisions. Existing law repeals these provisions on January 1, 2036.This bill would expand the above-described immunity from liability to include claims related to health, habitability, planning and zoning, or safety standards, procedures, and laws, or CEQA. The bill would extend this immunity to any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision. The bill would additionally authorize the Department of Housing and Community Development, during the period of the emergency following declaration of a shelter crisis, to enact the above-described municipal health and safety standards and to review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 50224 is added to the Health and Safety Code, to read:50224. (a) This section shall be known, and may be cited, as the Functional Zero Unsheltered Act.(b) For the purposes of this section:(1) Functional zero unsheltered means sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count.(2) Small cities means the cities in a jurisdiction that are not Homeless Housing, Assistance, and Prevention program applicants.(c) Beginning with round 6 of the program, as provided in Article 2 (commencing with Section 50239) of Chapter 6.5, in addition to the data required under Sections 50221, 50222, and 50223, applicants shall provide the following information for all rounds of program allocations:(1) (A) An assessment of what would be required for the applicant to achieve functional zero unsheltered.(B) The assessment in subparagraph (A) shall include a financial model that will assess needs for investment in all of the following:(i) Capital.(ii) Operating supports in project-based housing.(iii) Rental assistance with private-market landlords.(iv) Service costs for purposes of moving persons experiencing homelessness into permanent housing.(C) In order to meet the requirements of this paragraph, the assessment in paragraph (A) shall do all of the following:(i) Identify funding programs that provide housing or services to persons experiencing homelessness and describe all of the following for each program to the extent that data is available:(I) The amount of funding the program receives each year and funding sources for the program.(II) The number of persons the program serves each year, disaggregated by race and gender.(III) The types of housing and services provided to the persons the program serves each year, disaggregated by race and gender.(IV) Limitations, if any, on the length of stay for housing programs and length of provision of services for service programs.(V) If applicable, reasons for the unavailability of data.(ii) Identify the total number and type of permanent housing beds, units, or opportunities available to persons experiencing homelessness statewide and in geographically diverse regions across the state.(iii) Analyze the need for permanent housing opportunities, including, but not limited to, supportive housing, rapid rehousing, and affordable housing.(iv) Analyze the need for services to assist persons in exiting homelessness and remaining housed.(v) Identify the number and types of interim interventions available to persons experiencing homelessness in geographically diverse regions across the state. The data shall also include, but is not limited to, all of the following:(I) The number of year-round shelter beds.(II) The average length of stay in or use of interim interventions, to the extent data is available.(III) The exit rate from an interim intervention to permanent housing, to the extent data is available.(vi) Analyze the need for additional interim interventions and funding needed to create these interventions, taking into consideration the ideal length of stay in or use of the intervention.(2) All of the following information regarding the applicants implementation of local homeless housing incentives:(A) Whether the applicant has a shelter crisis declaration that is currently valid and in effect, and, if so, whether the applicant has adopted California Building Code Appendix P or other local variations.(B) What steps the applicant has taken to reduce interim and permanent housing project approvals.(C) Whether the applicant has waived applicable zoning requirements.(D) Whether the applicant has waived local fees charged to affordable housing projects serving low-income and homeless populations.(E) Whether the applicant allows affordable housing project appeals to be heard, despite by right ministerial authority.(3) A demonstration of the applicants efforts to include small cities in its regionally coordinated homeless action plan, pursuant to Chapter 6.5 (commencing with Section 50230) of Part 1.(4) The most recent homeless point-in-time counts of small cities in the applicants jurisdiction.SECTION 1.Section 8698.1 of the Government Code is amended to read:8698.1.Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.(a)(1)The political subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability in the provision of emergency housing pursuant to Section 8698.2 from claims related to any of the following:(A)Ordinary negligence.(B)Health, habitability, planning and zoning, or safety standards, procedures, and laws.(C)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2)Any limitation of liability pursuant to paragraph (1) shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.(b)(1)The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.(2)The Department of Housing and Community Development may review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.(c)(1)Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:(A)Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.(B)Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:(i)A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.(ii)Twenty-four-hour active fire watch.(iii)Smoke and carbon monoxide alarms.(iv)Fire extinguishers.(v)Ingress and egress that facilitates rapid exit of the facility.(vi)Emergency evacuation signage and emergency egress lighting.(vii)Every egress shall be free from storage and other obstructions.(viii)Limited occupant storage in each room in the facility.(ix)Prohibiting the use of open flames or combustibles.(x)Prohibiting smoking in the facility.(xi)Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.(xii)A process for remedying fire code violations immediately.(xiii)A process for submitting quarterly inspection reports to the State Fire Marshal.(2)The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.(3)A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.(4)For purposes of this subdivision, the term building standard means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.(5)No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).SEC. 2.The Legislature finds and declares that Section 1 of this act Sections 8698.1 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
1+CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 606Introduced by Senator BeckerFebruary 20, 2025 An act to amend Section 8698.1 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 606, as introduced, Becker. Shelter crisis: emergency housing: immunity from liability.Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law requires the political subdivision to be immune from liability for ordinary negligence in the provision of emergency housing, as provided, and suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law authorizes a political subdivision to, in place of those standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. Existing law also exempts from the California Environmental Quality Act (CEQA) specified actions by a state agency or a city, county, or city and county to, among other things, approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed under these provisions. Existing law repeals these provisions on January 1, 2036.This bill would expand the above-described immunity from liability to include claims related to health, habitability, planning and zoning, or safety standards, procedures, and laws, or CEQA. The bill would extend this immunity to any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision. The bill would additionally authorize the Department of Housing and Community Development, during the period of the emergency following declaration of a shelter crisis, to enact the above-described municipal health and safety standards and to review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8698.1 of the Government Code is amended to read:8698.1. Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.(a) (1) The political subdivision subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This 8698.2 from claims related to any of the following:(A) Ordinary negligence.(B) Health, habitability, planning and zoning, or safety standards, procedures, and laws.(C) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) Any limitation of liability pursuant to paragraph (1) shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.(b) (1) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.(2) The Department of Housing and Community Development may review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.(c) (1) Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:(A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.(B) Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:(i) A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.(ii) Twenty-four-hour active fire watch.(iii) Smoke and carbon monoxide alarms.(iv) Fire extinguishers.(v) Ingress and egress that facilitates rapid exit of the facility.(vi) Emergency evacuation signage and emergency egress lighting.(vii) Every egress shall be free from storage and other obstructions.(viii) Limited occupant storage in each room in the facility.(ix) Prohibiting the use of open flames or combustibles.(x) Prohibiting smoking in the facility.(xi) Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.(xii) A process for remedying fire code violations immediately.(xiii) A process for submitting quarterly inspection reports to the State Fire Marshal.(2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.(3) A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.(4) For purposes of this subdivision, the term building standard means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.(5) No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).SEC. 2. The Legislature finds and declares that Section 1 of this act Sections 8698.1 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
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3- Amended IN Senate March 27, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 606Introduced by Senator BeckerFebruary 20, 2025 An act to amend Section 8698.1 of the Government Code, add Section 50224 to the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 606, as amended, Becker. Shelter crisis: emergency housing: immunity from liability. Homeless Housing, Assistance, and Prevention program: reporting requirements: functional zero unsheltered.Existing law establishes the Homeless Housing, Assistance, and Prevention (HHAP) program for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in 6 rounds, with rounds 1 to 5, inclusive, administered by the Interagency Council on Homelessness and round 6 administered by the Department of Housing and Community Development, as provided. Existing law requires a program applicant to provide specified information through data collection, reporting, performance monitoring, and accountability framework, as established by the council.This bill would enact the Functional Zero Unsheltered Act, which, beginning with round 6 of the HHAP program, would require an applicant to provide information relating to its efforts to address homelessness in its jurisdiction, including an assessment of what would be required for the applicant to achieve functional zero unsheltered, which the bill would define as sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count, and information regarding the applicants implementation of local homeless housing incentives, as provided. The bill would require, as part of the assessment of progress toward functional zero unsheltered, applicants to include a financial model assessing the needs for investment in prescribed areas and further analysis of, among other things, funding programs that provide housing or services to persons experiencing homelessness. The bill would also require an applicant to demonstrate its efforts to include small cities, as defined, in its Regionally Coordinated Homeless Action Plan, as specified, and provide the most recent homeless point-in-time counts of small cities in the applicants jurisdiction.Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law requires the political subdivision to be immune from liability for ordinary negligence in the provision of emergency housing, as provided, and suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law authorizes a political subdivision to, in place of those standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. Existing law also exempts from the California Environmental Quality Act (CEQA) specified actions by a state agency or a city, county, or city and county to, among other things, approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed under these provisions. Existing law repeals these provisions on January 1, 2036.This bill would expand the above-described immunity from liability to include claims related to health, habitability, planning and zoning, or safety standards, procedures, and laws, or CEQA. The bill would extend this immunity to any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision. The bill would additionally authorize the Department of Housing and Community Development, during the period of the emergency following declaration of a shelter crisis, to enact the above-described municipal health and safety standards and to review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 606Introduced by Senator BeckerFebruary 20, 2025 An act to amend Section 8698.1 of the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 606, as introduced, Becker. Shelter crisis: emergency housing: immunity from liability.Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law requires the political subdivision to be immune from liability for ordinary negligence in the provision of emergency housing, as provided, and suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law authorizes a political subdivision to, in place of those standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. Existing law also exempts from the California Environmental Quality Act (CEQA) specified actions by a state agency or a city, county, or city and county to, among other things, approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed under these provisions. Existing law repeals these provisions on January 1, 2036.This bill would expand the above-described immunity from liability to include claims related to health, habitability, planning and zoning, or safety standards, procedures, and laws, or CEQA. The bill would extend this immunity to any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision. The bill would additionally authorize the Department of Housing and Community Development, during the period of the emergency following declaration of a shelter crisis, to enact the above-described municipal health and safety standards and to review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
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1313 No. 606
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1515 Introduced by Senator BeckerFebruary 20, 2025
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1717 Introduced by Senator Becker
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20- An act to amend Section 8698.1 of the Government Code, add Section 50224 to the Health and Safety Code, relating to housing.
20+ An act to amend Section 8698.1 of the Government Code, relating to housing.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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26-SB 606, as amended, Becker. Shelter crisis: emergency housing: immunity from liability. Homeless Housing, Assistance, and Prevention program: reporting requirements: functional zero unsheltered.
26+SB 606, as introduced, Becker. Shelter crisis: emergency housing: immunity from liability.
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28-Existing law establishes the Homeless Housing, Assistance, and Prevention (HHAP) program for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in 6 rounds, with rounds 1 to 5, inclusive, administered by the Interagency Council on Homelessness and round 6 administered by the Department of Housing and Community Development, as provided. Existing law requires a program applicant to provide specified information through data collection, reporting, performance monitoring, and accountability framework, as established by the council.This bill would enact the Functional Zero Unsheltered Act, which, beginning with round 6 of the HHAP program, would require an applicant to provide information relating to its efforts to address homelessness in its jurisdiction, including an assessment of what would be required for the applicant to achieve functional zero unsheltered, which the bill would define as sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count, and information regarding the applicants implementation of local homeless housing incentives, as provided. The bill would require, as part of the assessment of progress toward functional zero unsheltered, applicants to include a financial model assessing the needs for investment in prescribed areas and further analysis of, among other things, funding programs that provide housing or services to persons experiencing homelessness. The bill would also require an applicant to demonstrate its efforts to include small cities, as defined, in its Regionally Coordinated Homeless Action Plan, as specified, and provide the most recent homeless point-in-time counts of small cities in the applicants jurisdiction.Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law requires the political subdivision to be immune from liability for ordinary negligence in the provision of emergency housing, as provided, and suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law authorizes a political subdivision to, in place of those standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. Existing law also exempts from the California Environmental Quality Act (CEQA) specified actions by a state agency or a city, county, or city and county to, among other things, approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed under these provisions. Existing law repeals these provisions on January 1, 2036.This bill would expand the above-described immunity from liability to include claims related to health, habitability, planning and zoning, or safety standards, procedures, and laws, or CEQA. The bill would extend this immunity to any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision. The bill would additionally authorize the Department of Housing and Community Development, during the period of the emergency following declaration of a shelter crisis, to enact the above-described municipal health and safety standards and to review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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30-Existing law establishes the Homeless Housing, Assistance, and Prevention (HHAP) program for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in 6 rounds, with rounds 1 to 5, inclusive, administered by the Interagency Council on Homelessness and round 6 administered by the Department of Housing and Community Development, as provided. Existing law requires a program applicant to provide specified information through data collection, reporting, performance monitoring, and accountability framework, as established by the council.
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32-This bill would enact the Functional Zero Unsheltered Act, which, beginning with round 6 of the HHAP program, would require an applicant to provide information relating to its efforts to address homelessness in its jurisdiction, including an assessment of what would be required for the applicant to achieve functional zero unsheltered, which the bill would define as sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count, and information regarding the applicants implementation of local homeless housing incentives, as provided. The bill would require, as part of the assessment of progress toward functional zero unsheltered, applicants to include a financial model assessing the needs for investment in prescribed areas and further analysis of, among other things, funding programs that provide housing or services to persons experiencing homelessness. The bill would also require an applicant to demonstrate its efforts to include small cities, as defined, in its Regionally Coordinated Homeless Action Plan, as specified, and provide the most recent homeless point-in-time counts of small cities in the applicants jurisdiction.
28+Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law requires the political subdivision to be immune from liability for ordinary negligence in the provision of emergency housing, as provided, and suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law authorizes a political subdivision to, in place of those standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. Existing law also exempts from the California Environmental Quality Act (CEQA) specified actions by a state agency or a city, county, or city and county to, among other things, approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed under these provisions. Existing law repeals these provisions on January 1, 2036.This bill would expand the above-described immunity from liability to include claims related to health, habitability, planning and zoning, or safety standards, procedures, and laws, or CEQA. The bill would extend this immunity to any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision. The bill would additionally authorize the Department of Housing and Community Development, during the period of the emergency following declaration of a shelter crisis, to enact the above-described municipal health and safety standards and to review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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3430 Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law requires the political subdivision to be immune from liability for ordinary negligence in the provision of emergency housing, as provided, and suspends certain state and local laws, regulations, and ordinances to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law authorizes a political subdivision to, in place of those standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. Existing law also exempts from the California Environmental Quality Act (CEQA) specified actions by a state agency or a city, county, or city and county to, among other things, approve a contract to provide services for people experiencing homelessness to a homeless shelter constructed under these provisions. Existing law repeals these provisions on January 1, 2036.
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3832 This bill would expand the above-described immunity from liability to include claims related to health, habitability, planning and zoning, or safety standards, procedures, and laws, or CEQA. The bill would extend this immunity to any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision. The bill would additionally authorize the Department of Housing and Community Development, during the period of the emergency following declaration of a shelter crisis, to enact the above-described municipal health and safety standards and to review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.
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4234 The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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4939
50-The people of the State of California do enact as follows:SECTION 1. Section 50224 is added to the Health and Safety Code, to read:50224. (a) This section shall be known, and may be cited, as the Functional Zero Unsheltered Act.(b) For the purposes of this section:(1) Functional zero unsheltered means sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count.(2) Small cities means the cities in a jurisdiction that are not Homeless Housing, Assistance, and Prevention program applicants.(c) Beginning with round 6 of the program, as provided in Article 2 (commencing with Section 50239) of Chapter 6.5, in addition to the data required under Sections 50221, 50222, and 50223, applicants shall provide the following information for all rounds of program allocations:(1) (A) An assessment of what would be required for the applicant to achieve functional zero unsheltered.(B) The assessment in subparagraph (A) shall include a financial model that will assess needs for investment in all of the following:(i) Capital.(ii) Operating supports in project-based housing.(iii) Rental assistance with private-market landlords.(iv) Service costs for purposes of moving persons experiencing homelessness into permanent housing.(C) In order to meet the requirements of this paragraph, the assessment in paragraph (A) shall do all of the following:(i) Identify funding programs that provide housing or services to persons experiencing homelessness and describe all of the following for each program to the extent that data is available:(I) The amount of funding the program receives each year and funding sources for the program.(II) The number of persons the program serves each year, disaggregated by race and gender.(III) The types of housing and services provided to the persons the program serves each year, disaggregated by race and gender.(IV) Limitations, if any, on the length of stay for housing programs and length of provision of services for service programs.(V) If applicable, reasons for the unavailability of data.(ii) Identify the total number and type of permanent housing beds, units, or opportunities available to persons experiencing homelessness statewide and in geographically diverse regions across the state.(iii) Analyze the need for permanent housing opportunities, including, but not limited to, supportive housing, rapid rehousing, and affordable housing.(iv) Analyze the need for services to assist persons in exiting homelessness and remaining housed.(v) Identify the number and types of interim interventions available to persons experiencing homelessness in geographically diverse regions across the state. The data shall also include, but is not limited to, all of the following:(I) The number of year-round shelter beds.(II) The average length of stay in or use of interim interventions, to the extent data is available.(III) The exit rate from an interim intervention to permanent housing, to the extent data is available.(vi) Analyze the need for additional interim interventions and funding needed to create these interventions, taking into consideration the ideal length of stay in or use of the intervention.(2) All of the following information regarding the applicants implementation of local homeless housing incentives:(A) Whether the applicant has a shelter crisis declaration that is currently valid and in effect, and, if so, whether the applicant has adopted California Building Code Appendix P or other local variations.(B) What steps the applicant has taken to reduce interim and permanent housing project approvals.(C) Whether the applicant has waived applicable zoning requirements.(D) Whether the applicant has waived local fees charged to affordable housing projects serving low-income and homeless populations.(E) Whether the applicant allows affordable housing project appeals to be heard, despite by right ministerial authority.(3) A demonstration of the applicants efforts to include small cities in its regionally coordinated homeless action plan, pursuant to Chapter 6.5 (commencing with Section 50230) of Part 1.(4) The most recent homeless point-in-time counts of small cities in the applicants jurisdiction.SECTION 1.Section 8698.1 of the Government Code is amended to read:8698.1.Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.(a)(1)The political subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability in the provision of emergency housing pursuant to Section 8698.2 from claims related to any of the following:(A)Ordinary negligence.(B)Health, habitability, planning and zoning, or safety standards, procedures, and laws.(C)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2)Any limitation of liability pursuant to paragraph (1) shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.(b)(1)The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.(2)The Department of Housing and Community Development may review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.(c)(1)Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:(A)Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.(B)Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:(i)A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.(ii)Twenty-four-hour active fire watch.(iii)Smoke and carbon monoxide alarms.(iv)Fire extinguishers.(v)Ingress and egress that facilitates rapid exit of the facility.(vi)Emergency evacuation signage and emergency egress lighting.(vii)Every egress shall be free from storage and other obstructions.(viii)Limited occupant storage in each room in the facility.(ix)Prohibiting the use of open flames or combustibles.(x)Prohibiting smoking in the facility.(xi)Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.(xii)A process for remedying fire code violations immediately.(xiii)A process for submitting quarterly inspection reports to the State Fire Marshal.(2)The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.(3)A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.(4)For purposes of this subdivision, the term building standard means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.(5)No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).SEC. 2.The Legislature finds and declares that Section 1 of this act Sections 8698.1 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
40+The people of the State of California do enact as follows:SECTION 1. Section 8698.1 of the Government Code is amended to read:8698.1. Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.(a) (1) The political subdivision subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This 8698.2 from claims related to any of the following:(A) Ordinary negligence.(B) Health, habitability, planning and zoning, or safety standards, procedures, and laws.(C) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) Any limitation of liability pursuant to paragraph (1) shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.(b) (1) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.(2) The Department of Housing and Community Development may review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.(c) (1) Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:(A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.(B) Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:(i) A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.(ii) Twenty-four-hour active fire watch.(iii) Smoke and carbon monoxide alarms.(iv) Fire extinguishers.(v) Ingress and egress that facilitates rapid exit of the facility.(vi) Emergency evacuation signage and emergency egress lighting.(vii) Every egress shall be free from storage and other obstructions.(viii) Limited occupant storage in each room in the facility.(ix) Prohibiting the use of open flames or combustibles.(x) Prohibiting smoking in the facility.(xi) Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.(xii) A process for remedying fire code violations immediately.(xiii) A process for submitting quarterly inspection reports to the State Fire Marshal.(2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.(3) A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.(4) For purposes of this subdivision, the term building standard means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.(5) No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).SEC. 2. The Legislature finds and declares that Section 1 of this act Sections 8698.1 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
5141
5242 The people of the State of California do enact as follows:
5343
5444 ## The people of the State of California do enact as follows:
5545
56-SECTION 1. Section 50224 is added to the Health and Safety Code, to read:50224. (a) This section shall be known, and may be cited, as the Functional Zero Unsheltered Act.(b) For the purposes of this section:(1) Functional zero unsheltered means sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count.(2) Small cities means the cities in a jurisdiction that are not Homeless Housing, Assistance, and Prevention program applicants.(c) Beginning with round 6 of the program, as provided in Article 2 (commencing with Section 50239) of Chapter 6.5, in addition to the data required under Sections 50221, 50222, and 50223, applicants shall provide the following information for all rounds of program allocations:(1) (A) An assessment of what would be required for the applicant to achieve functional zero unsheltered.(B) The assessment in subparagraph (A) shall include a financial model that will assess needs for investment in all of the following:(i) Capital.(ii) Operating supports in project-based housing.(iii) Rental assistance with private-market landlords.(iv) Service costs for purposes of moving persons experiencing homelessness into permanent housing.(C) In order to meet the requirements of this paragraph, the assessment in paragraph (A) shall do all of the following:(i) Identify funding programs that provide housing or services to persons experiencing homelessness and describe all of the following for each program to the extent that data is available:(I) The amount of funding the program receives each year and funding sources for the program.(II) The number of persons the program serves each year, disaggregated by race and gender.(III) The types of housing and services provided to the persons the program serves each year, disaggregated by race and gender.(IV) Limitations, if any, on the length of stay for housing programs and length of provision of services for service programs.(V) If applicable, reasons for the unavailability of data.(ii) Identify the total number and type of permanent housing beds, units, or opportunities available to persons experiencing homelessness statewide and in geographically diverse regions across the state.(iii) Analyze the need for permanent housing opportunities, including, but not limited to, supportive housing, rapid rehousing, and affordable housing.(iv) Analyze the need for services to assist persons in exiting homelessness and remaining housed.(v) Identify the number and types of interim interventions available to persons experiencing homelessness in geographically diverse regions across the state. The data shall also include, but is not limited to, all of the following:(I) The number of year-round shelter beds.(II) The average length of stay in or use of interim interventions, to the extent data is available.(III) The exit rate from an interim intervention to permanent housing, to the extent data is available.(vi) Analyze the need for additional interim interventions and funding needed to create these interventions, taking into consideration the ideal length of stay in or use of the intervention.(2) All of the following information regarding the applicants implementation of local homeless housing incentives:(A) Whether the applicant has a shelter crisis declaration that is currently valid and in effect, and, if so, whether the applicant has adopted California Building Code Appendix P or other local variations.(B) What steps the applicant has taken to reduce interim and permanent housing project approvals.(C) Whether the applicant has waived applicable zoning requirements.(D) Whether the applicant has waived local fees charged to affordable housing projects serving low-income and homeless populations.(E) Whether the applicant allows affordable housing project appeals to be heard, despite by right ministerial authority.(3) A demonstration of the applicants efforts to include small cities in its regionally coordinated homeless action plan, pursuant to Chapter 6.5 (commencing with Section 50230) of Part 1.(4) The most recent homeless point-in-time counts of small cities in the applicants jurisdiction.
46+SECTION 1. Section 8698.1 of the Government Code is amended to read:8698.1. Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.(a) (1) The political subdivision subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This 8698.2 from claims related to any of the following:(A) Ordinary negligence.(B) Health, habitability, planning and zoning, or safety standards, procedures, and laws.(C) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) Any limitation of liability pursuant to paragraph (1) shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.(b) (1) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.(2) The Department of Housing and Community Development may review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.(c) (1) Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:(A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.(B) Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:(i) A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.(ii) Twenty-four-hour active fire watch.(iii) Smoke and carbon monoxide alarms.(iv) Fire extinguishers.(v) Ingress and egress that facilitates rapid exit of the facility.(vi) Emergency evacuation signage and emergency egress lighting.(vii) Every egress shall be free from storage and other obstructions.(viii) Limited occupant storage in each room in the facility.(ix) Prohibiting the use of open flames or combustibles.(x) Prohibiting smoking in the facility.(xi) Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.(xii) A process for remedying fire code violations immediately.(xiii) A process for submitting quarterly inspection reports to the State Fire Marshal.(2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.(3) A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.(4) For purposes of this subdivision, the term building standard means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.(5) No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).
5747
58-SECTION 1. Section 50224 is added to the Health and Safety Code, to read:
48+SECTION 1. Section 8698.1 of the Government Code is amended to read:
5949
6050 ### SECTION 1.
6151
62-50224. (a) This section shall be known, and may be cited, as the Functional Zero Unsheltered Act.(b) For the purposes of this section:(1) Functional zero unsheltered means sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count.(2) Small cities means the cities in a jurisdiction that are not Homeless Housing, Assistance, and Prevention program applicants.(c) Beginning with round 6 of the program, as provided in Article 2 (commencing with Section 50239) of Chapter 6.5, in addition to the data required under Sections 50221, 50222, and 50223, applicants shall provide the following information for all rounds of program allocations:(1) (A) An assessment of what would be required for the applicant to achieve functional zero unsheltered.(B) The assessment in subparagraph (A) shall include a financial model that will assess needs for investment in all of the following:(i) Capital.(ii) Operating supports in project-based housing.(iii) Rental assistance with private-market landlords.(iv) Service costs for purposes of moving persons experiencing homelessness into permanent housing.(C) In order to meet the requirements of this paragraph, the assessment in paragraph (A) shall do all of the following:(i) Identify funding programs that provide housing or services to persons experiencing homelessness and describe all of the following for each program to the extent that data is available:(I) The amount of funding the program receives each year and funding sources for the program.(II) The number of persons the program serves each year, disaggregated by race and gender.(III) The types of housing and services provided to the persons the program serves each year, disaggregated by race and gender.(IV) Limitations, if any, on the length of stay for housing programs and length of provision of services for service programs.(V) If applicable, reasons for the unavailability of data.(ii) Identify the total number and type of permanent housing beds, units, or opportunities available to persons experiencing homelessness statewide and in geographically diverse regions across the state.(iii) Analyze the need for permanent housing opportunities, including, but not limited to, supportive housing, rapid rehousing, and affordable housing.(iv) Analyze the need for services to assist persons in exiting homelessness and remaining housed.(v) Identify the number and types of interim interventions available to persons experiencing homelessness in geographically diverse regions across the state. The data shall also include, but is not limited to, all of the following:(I) The number of year-round shelter beds.(II) The average length of stay in or use of interim interventions, to the extent data is available.(III) The exit rate from an interim intervention to permanent housing, to the extent data is available.(vi) Analyze the need for additional interim interventions and funding needed to create these interventions, taking into consideration the ideal length of stay in or use of the intervention.(2) All of the following information regarding the applicants implementation of local homeless housing incentives:(A) Whether the applicant has a shelter crisis declaration that is currently valid and in effect, and, if so, whether the applicant has adopted California Building Code Appendix P or other local variations.(B) What steps the applicant has taken to reduce interim and permanent housing project approvals.(C) Whether the applicant has waived applicable zoning requirements.(D) Whether the applicant has waived local fees charged to affordable housing projects serving low-income and homeless populations.(E) Whether the applicant allows affordable housing project appeals to be heard, despite by right ministerial authority.(3) A demonstration of the applicants efforts to include small cities in its regionally coordinated homeless action plan, pursuant to Chapter 6.5 (commencing with Section 50230) of Part 1.(4) The most recent homeless point-in-time counts of small cities in the applicants jurisdiction.
52+8698.1. Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.(a) (1) The political subdivision subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This 8698.2 from claims related to any of the following:(A) Ordinary negligence.(B) Health, habitability, planning and zoning, or safety standards, procedures, and laws.(C) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) Any limitation of liability pursuant to paragraph (1) shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.(b) (1) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.(2) The Department of Housing and Community Development may review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.(c) (1) Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:(A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.(B) Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:(i) A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.(ii) Twenty-four-hour active fire watch.(iii) Smoke and carbon monoxide alarms.(iv) Fire extinguishers.(v) Ingress and egress that facilitates rapid exit of the facility.(vi) Emergency evacuation signage and emergency egress lighting.(vii) Every egress shall be free from storage and other obstructions.(viii) Limited occupant storage in each room in the facility.(ix) Prohibiting the use of open flames or combustibles.(x) Prohibiting smoking in the facility.(xi) Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.(xii) A process for remedying fire code violations immediately.(xiii) A process for submitting quarterly inspection reports to the State Fire Marshal.(2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.(3) A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.(4) For purposes of this subdivision, the term building standard means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.(5) No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).
6353
64-50224. (a) This section shall be known, and may be cited, as the Functional Zero Unsheltered Act.(b) For the purposes of this section:(1) Functional zero unsheltered means sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count.(2) Small cities means the cities in a jurisdiction that are not Homeless Housing, Assistance, and Prevention program applicants.(c) Beginning with round 6 of the program, as provided in Article 2 (commencing with Section 50239) of Chapter 6.5, in addition to the data required under Sections 50221, 50222, and 50223, applicants shall provide the following information for all rounds of program allocations:(1) (A) An assessment of what would be required for the applicant to achieve functional zero unsheltered.(B) The assessment in subparagraph (A) shall include a financial model that will assess needs for investment in all of the following:(i) Capital.(ii) Operating supports in project-based housing.(iii) Rental assistance with private-market landlords.(iv) Service costs for purposes of moving persons experiencing homelessness into permanent housing.(C) In order to meet the requirements of this paragraph, the assessment in paragraph (A) shall do all of the following:(i) Identify funding programs that provide housing or services to persons experiencing homelessness and describe all of the following for each program to the extent that data is available:(I) The amount of funding the program receives each year and funding sources for the program.(II) The number of persons the program serves each year, disaggregated by race and gender.(III) The types of housing and services provided to the persons the program serves each year, disaggregated by race and gender.(IV) Limitations, if any, on the length of stay for housing programs and length of provision of services for service programs.(V) If applicable, reasons for the unavailability of data.(ii) Identify the total number and type of permanent housing beds, units, or opportunities available to persons experiencing homelessness statewide and in geographically diverse regions across the state.(iii) Analyze the need for permanent housing opportunities, including, but not limited to, supportive housing, rapid rehousing, and affordable housing.(iv) Analyze the need for services to assist persons in exiting homelessness and remaining housed.(v) Identify the number and types of interim interventions available to persons experiencing homelessness in geographically diverse regions across the state. The data shall also include, but is not limited to, all of the following:(I) The number of year-round shelter beds.(II) The average length of stay in or use of interim interventions, to the extent data is available.(III) The exit rate from an interim intervention to permanent housing, to the extent data is available.(vi) Analyze the need for additional interim interventions and funding needed to create these interventions, taking into consideration the ideal length of stay in or use of the intervention.(2) All of the following information regarding the applicants implementation of local homeless housing incentives:(A) Whether the applicant has a shelter crisis declaration that is currently valid and in effect, and, if so, whether the applicant has adopted California Building Code Appendix P or other local variations.(B) What steps the applicant has taken to reduce interim and permanent housing project approvals.(C) Whether the applicant has waived applicable zoning requirements.(D) Whether the applicant has waived local fees charged to affordable housing projects serving low-income and homeless populations.(E) Whether the applicant allows affordable housing project appeals to be heard, despite by right ministerial authority.(3) A demonstration of the applicants efforts to include small cities in its regionally coordinated homeless action plan, pursuant to Chapter 6.5 (commencing with Section 50230) of Part 1.(4) The most recent homeless point-in-time counts of small cities in the applicants jurisdiction.
54+8698.1. Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.(a) (1) The political subdivision subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This 8698.2 from claims related to any of the following:(A) Ordinary negligence.(B) Health, habitability, planning and zoning, or safety standards, procedures, and laws.(C) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) Any limitation of liability pursuant to paragraph (1) shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.(b) (1) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.(2) The Department of Housing and Community Development may review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.(c) (1) Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:(A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.(B) Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:(i) A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.(ii) Twenty-four-hour active fire watch.(iii) Smoke and carbon monoxide alarms.(iv) Fire extinguishers.(v) Ingress and egress that facilitates rapid exit of the facility.(vi) Emergency evacuation signage and emergency egress lighting.(vii) Every egress shall be free from storage and other obstructions.(viii) Limited occupant storage in each room in the facility.(ix) Prohibiting the use of open flames or combustibles.(x) Prohibiting smoking in the facility.(xi) Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.(xii) A process for remedying fire code violations immediately.(xiii) A process for submitting quarterly inspection reports to the State Fire Marshal.(2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.(3) A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.(4) For purposes of this subdivision, the term building standard means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.(5) No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).
6555
66-50224. (a) This section shall be known, and may be cited, as the Functional Zero Unsheltered Act.(b) For the purposes of this section:(1) Functional zero unsheltered means sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count.(2) Small cities means the cities in a jurisdiction that are not Homeless Housing, Assistance, and Prevention program applicants.(c) Beginning with round 6 of the program, as provided in Article 2 (commencing with Section 50239) of Chapter 6.5, in addition to the data required under Sections 50221, 50222, and 50223, applicants shall provide the following information for all rounds of program allocations:(1) (A) An assessment of what would be required for the applicant to achieve functional zero unsheltered.(B) The assessment in subparagraph (A) shall include a financial model that will assess needs for investment in all of the following:(i) Capital.(ii) Operating supports in project-based housing.(iii) Rental assistance with private-market landlords.(iv) Service costs for purposes of moving persons experiencing homelessness into permanent housing.(C) In order to meet the requirements of this paragraph, the assessment in paragraph (A) shall do all of the following:(i) Identify funding programs that provide housing or services to persons experiencing homelessness and describe all of the following for each program to the extent that data is available:(I) The amount of funding the program receives each year and funding sources for the program.(II) The number of persons the program serves each year, disaggregated by race and gender.(III) The types of housing and services provided to the persons the program serves each year, disaggregated by race and gender.(IV) Limitations, if any, on the length of stay for housing programs and length of provision of services for service programs.(V) If applicable, reasons for the unavailability of data.(ii) Identify the total number and type of permanent housing beds, units, or opportunities available to persons experiencing homelessness statewide and in geographically diverse regions across the state.(iii) Analyze the need for permanent housing opportunities, including, but not limited to, supportive housing, rapid rehousing, and affordable housing.(iv) Analyze the need for services to assist persons in exiting homelessness and remaining housed.(v) Identify the number and types of interim interventions available to persons experiencing homelessness in geographically diverse regions across the state. The data shall also include, but is not limited to, all of the following:(I) The number of year-round shelter beds.(II) The average length of stay in or use of interim interventions, to the extent data is available.(III) The exit rate from an interim intervention to permanent housing, to the extent data is available.(vi) Analyze the need for additional interim interventions and funding needed to create these interventions, taking into consideration the ideal length of stay in or use of the intervention.(2) All of the following information regarding the applicants implementation of local homeless housing incentives:(A) Whether the applicant has a shelter crisis declaration that is currently valid and in effect, and, if so, whether the applicant has adopted California Building Code Appendix P or other local variations.(B) What steps the applicant has taken to reduce interim and permanent housing project approvals.(C) Whether the applicant has waived applicable zoning requirements.(D) Whether the applicant has waived local fees charged to affordable housing projects serving low-income and homeless populations.(E) Whether the applicant allows affordable housing project appeals to be heard, despite by right ministerial authority.(3) A demonstration of the applicants efforts to include small cities in its regionally coordinated homeless action plan, pursuant to Chapter 6.5 (commencing with Section 50230) of Part 1.(4) The most recent homeless point-in-time counts of small cities in the applicants jurisdiction.
56+8698.1. Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.(a) (1) The political subdivision subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This 8698.2 from claims related to any of the following:(A) Ordinary negligence.(B) Health, habitability, planning and zoning, or safety standards, procedures, and laws.(C) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) Any limitation of liability pursuant to paragraph (1) shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.(b) (1) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.(2) The Department of Housing and Community Development may review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.(c) (1) Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:(A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.(B) Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:(i) A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.(ii) Twenty-four-hour active fire watch.(iii) Smoke and carbon monoxide alarms.(iv) Fire extinguishers.(v) Ingress and egress that facilitates rapid exit of the facility.(vi) Emergency evacuation signage and emergency egress lighting.(vii) Every egress shall be free from storage and other obstructions.(viii) Limited occupant storage in each room in the facility.(ix) Prohibiting the use of open flames or combustibles.(x) Prohibiting smoking in the facility.(xi) Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.(xii) A process for remedying fire code violations immediately.(xiii) A process for submitting quarterly inspection reports to the State Fire Marshal.(2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.(3) A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.(4) For purposes of this subdivision, the term building standard means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.(5) No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).
6757
6858
6959
70-50224. (a) This section shall be known, and may be cited, as the Functional Zero Unsheltered Act.
60+8698.1. Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.
7161
72-(b) For the purposes of this section:
73-
74-(1) Functional zero unsheltered means sufficient housing options of all types to accommodate a jurisdictions unsheltered, chronically homeless population based on its most recent homeless point-in-time count.
75-
76-(2) Small cities means the cities in a jurisdiction that are not Homeless Housing, Assistance, and Prevention program applicants.
77-
78-(c) Beginning with round 6 of the program, as provided in Article 2 (commencing with Section 50239) of Chapter 6.5, in addition to the data required under Sections 50221, 50222, and 50223, applicants shall provide the following information for all rounds of program allocations:
79-
80-(1) (A) An assessment of what would be required for the applicant to achieve functional zero unsheltered.
81-
82-(B) The assessment in subparagraph (A) shall include a financial model that will assess needs for investment in all of the following:
83-
84-(i) Capital.
85-
86-(ii) Operating supports in project-based housing.
87-
88-(iii) Rental assistance with private-market landlords.
89-
90-(iv) Service costs for purposes of moving persons experiencing homelessness into permanent housing.
91-
92-(C) In order to meet the requirements of this paragraph, the assessment in paragraph (A) shall do all of the following:
93-
94-(i) Identify funding programs that provide housing or services to persons experiencing homelessness and describe all of the following for each program to the extent that data is available:
95-
96-(I) The amount of funding the program receives each year and funding sources for the program.
97-
98-(II) The number of persons the program serves each year, disaggregated by race and gender.
99-
100-(III) The types of housing and services provided to the persons the program serves each year, disaggregated by race and gender.
101-
102-(IV) Limitations, if any, on the length of stay for housing programs and length of provision of services for service programs.
103-
104-(V) If applicable, reasons for the unavailability of data.
105-
106-(ii) Identify the total number and type of permanent housing beds, units, or opportunities available to persons experiencing homelessness statewide and in geographically diverse regions across the state.
107-
108-(iii) Analyze the need for permanent housing opportunities, including, but not limited to, supportive housing, rapid rehousing, and affordable housing.
109-
110-(iv) Analyze the need for services to assist persons in exiting homelessness and remaining housed.
111-
112-(v) Identify the number and types of interim interventions available to persons experiencing homelessness in geographically diverse regions across the state. The data shall also include, but is not limited to, all of the following:
113-
114-(I) The number of year-round shelter beds.
115-
116-(II) The average length of stay in or use of interim interventions, to the extent data is available.
117-
118-(III) The exit rate from an interim intervention to permanent housing, to the extent data is available.
119-
120-(vi) Analyze the need for additional interim interventions and funding needed to create these interventions, taking into consideration the ideal length of stay in or use of the intervention.
121-
122-(2) All of the following information regarding the applicants implementation of local homeless housing incentives:
123-
124-(A) Whether the applicant has a shelter crisis declaration that is currently valid and in effect, and, if so, whether the applicant has adopted California Building Code Appendix P or other local variations.
125-
126-(B) What steps the applicant has taken to reduce interim and permanent housing project approvals.
127-
128-(C) Whether the applicant has waived applicable zoning requirements.
129-
130-(D) Whether the applicant has waived local fees charged to affordable housing projects serving low-income and homeless populations.
131-
132-(E) Whether the applicant allows affordable housing project appeals to be heard, despite by right ministerial authority.
133-
134-(3) A demonstration of the applicants efforts to include small cities in its regionally coordinated homeless action plan, pursuant to Chapter 6.5 (commencing with Section 50230) of Part 1.
135-
136-(4) The most recent homeless point-in-time counts of small cities in the applicants jurisdiction.
137-
138-
139-
140-
141-
142-Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.
143-
144-
145-
146-(a)(1)The political subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability in the provision of emergency housing pursuant to Section 8698.2 from claims related to any of the following:
147-
148-
62+(a) (1) The political subdivision subdivision and any fire marshal, architect, engineer, developer, general contractor, subcontractor, or any other entity or individual that provides a service under contract to the political subdivision, shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This 8698.2 from claims related to any of the following:
14963
15064 (A) Ordinary negligence.
15165
152-
153-
15466 (B) Health, habitability, planning and zoning, or safety standards, procedures, and laws.
155-
156-
15767
15868 (C) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
15969
160-
161-
16270 (2) Any limitation of liability pursuant to paragraph (1) shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.
16371
164-
165-
166-(b)(1)The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.
167-
168-
72+(b) (1) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions The Department of Housing and Community Development or any other political subdivision may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.
16973
17074 (2) The Department of Housing and Community Development may review and authorize permits for proposed shelter and interim housing projects that are designed for the purpose of the emergency consistent with ensuring minimal public health and safety.
17175
172-
173-
17476 (c) (1) Subject to paragraph (4), a city with a population of more than 3,500,000 may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do all of the following:
175-
176-
17777
17878 (A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies, and the building standards related to fire and life safety for a new residential use that were in effect at the time the building was constructed.
17979
180-
181-
18280 (B) Provide reasonable alternative fire and life safety standards that, a minimum, include all of the following:
183-
184-
18581
18682 (i) A maximum occupant load of 49. However, the fire department may propose an occupant load greater than 49, but not to exceed 150, if the city can demonstrate that the facility can safely permit the proposed occupant load.
18783
188-
189-
19084 (ii) Twenty-four-hour active fire watch.
191-
192-
19385
19486 (iii) Smoke and carbon monoxide alarms.
19587
196-
197-
19888 (iv) Fire extinguishers.
199-
200-
20189
20290 (v) Ingress and egress that facilitates rapid exit of the facility.
20391
204-
205-
20692 (vi) Emergency evacuation signage and emergency egress lighting.
207-
208-
20993
21094 (vii) Every egress shall be free from storage and other obstructions.
21195
212-
213-
21496 (viii) Limited occupant storage in each room in the facility.
215-
216-
21797
21898 (ix) Prohibiting the use of open flames or combustibles.
21999
220-
221-
222100 (x) Prohibiting smoking in the facility.
223-
224-
225101
226102 (xi) Fire code inspection plans that occur in intervals of 30 days or less that includes authorization for the fire department to shut down the facility for major or multiple violations.
227103
228-
229-
230104 (xii) A process for remedying fire code violations immediately.
231-
232-
233105
234106 (xiii) A process for submitting quarterly inspection reports to the State Fire Marshal.
235107
236-
237-
238108 (2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why the city does not meet the threshold requirements. If the standards do not meet the threshold requirements, the city shall not use them.
239-
240-
241109
242110 (3) A facility shall be permitted pursuant to this subdivision for a maximum of 90 days with 90-day extensions permitted, not to exceed 730 days of continuous operation.
243111
244-
245-
246112 (4) For purposes of this subdivision, the term building standard means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.
247-
248-
249113
250114 (5) No new permits shall be authorized pursuant to this subdivision on and after January 1, 2023. However, a facility that was issued a permit before January 1, 2023, may continue to operate after that date pursuant to a 90-day extension of the permit, and may receive consecutive 90-day extensions to operate until December 31, 2024, subject to the 730-day limit specified in paragraph (3).
251115
116+SEC. 2. The Legislature finds and declares that Section 1 of this act Sections 8698.1 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
252117
118+SEC. 2. The Legislature finds and declares that Section 1 of this act Sections 8698.1 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
253119
120+SEC. 2. The Legislature finds and declares that Section 1 of this act Sections 8698.1 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
254121
255-
256-The Legislature finds and declares that Section 1 of this act Sections 8698.1 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
122+### SEC. 2.