BILL NUMBER: AB 2176 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Campos
FEBRUARY 18, 2016
An act to amend Section 8698 of, and to add Section 8698.3 to, the
Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2176, as introduced, Campos. Shelter crisis: declaration:
public facilities.
Existing law authorizes a political subdivision, as defined, to
declare a shelter crisis if the governing body of that political
subdivision makes a specified finding. Existing law authorizes a
political subdivision to allow persons unable to obtain housing to
occupy designated public facilities, as defined, during the period of
a shelter crisis. Existing law provides that certain state and local
laws, regulations, and ordinances are suspended during a shelter
crisis, to the extent that strict compliance would in any way
prevent, hinder, or delay the mitigation of the effects of the
shelter crisis.
This bill, until January 2, 2022, upon a declaration of a shelter
crisis by the County of Santa Clara during the duration of the
shelter crisis, among other things, would authorize emergency housing
to include a transitional housing community, as defined, for the
homeless. The bill, in lieu of state and local building, housing,
health, habitability, or safety standards and laws, would authorize
the county to enact local standards for transitional housing
communities to be operative during the shelter crisis, as provided.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Santa Clara.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8698 of the Government Code is amended to read:
8698. For purposes of this chapter, the following definitions
shall apply:
(a) "Political subdivision" includes the state, any city, city and
county, county, special district, or school district or public
agency authorized by law.
(b) "Governing body" means the following:
(1) The Governor for the state.
(2) The legislative body for a city or city and county.
(3) The board of supervisors for a county.
(4) The governing board or board of trustees for a district or
other public agency.
(5) An official designated by ordinance or resolution adopted by a
governing body, as defined in paragraph (2), (3), or (4).
(c) "Public facility" means any facility of a political
subdivision including parks, schools, and vacant or underutilized
facilities which are owned, operated, leased, or maintained, or any
combination thereof, by the political subdivision through money
derived by taxation or assessment.
(d) "Declaration of a shelter crisis" means the duly proclaimed
existence of a situation in which a significant number of persons are
without the ability to obtain shelter, resulting in a threat to
their health and safety.
(e) "Transitional housing community" means any facilities,
including housing in temporary structures such as camping cabins or
recreational vehicles that are reserved for homeless persons and
families and located on property leased or owned by a political
subdivision. Those facilities must include supportive and
self-sufficiency development services, have the ultimate goal of
moving homeless persons to permanent housing as quickly as reasonably
possible, and limit rents and service fees to an ability-to-pay
formula reasonably consistent with the United States Department of
Housing and Urban Development's requirements for subsidized housing
for low-income persons.
SEC. 2. Section 8698.3 is added to the Government Code, to read:
8698.3. Notwithstanding any other provisions in this chapter,
upon a declaration of a shelter crisis by the County of Santa Clara,
the following shall apply during the duration of the shelter crisis.
(a) Emergency housing may include a transitional housing community
for the homeless located or constructed on any county-owned or
leased land, including land acquired with low- and moderate-income
housing funds.
(b) The county may, in lieu of state and local building, housing,
health, habitability or safety standards and laws, enact local
standards for transitional housing communities to be operative during
the shelter crisis consistent with ensuring minimal public health
and safety. During the shelter crisis, provisions of any state or
local regulatory statute, regulation, or ordinance prescribing
standards of building, housing, health, habitability, or safety shall
be suspended for the transitional housing communities provided that
the county has adopted health and safety standards for transitional
housing communities and those standards are complied with. Landlord
tenant laws codified in Civil Code Sections 1941 to 1942.5,
inclusive, of the Civil Code providing a cause of action for
habitability or tenantability, shall be suspended for the
transitional housing communities provided that the county has adopted
health and safety standards for transitional housing communities and
those standards are complied with. This section applies only to a
public facility or a transitional housing community reserved for the
homeless pursuant to this chapter.
(c) A transitional housing community constructed or allowed under
this chapter shall not be subject to the Special Occupancy Parks Act,
the Mobilehome Parks Act, or Mobilehome Residency Law.
(d) A transitional housing community that complies with the
applicable requirements of the Americans with Disabilities Act shall
be exempt from Sections 54 to 55.32, inclusive, of the Civil Code and
actions thereunder for the duration of the shelter crisis.
(e) This section shall remain in effect only until January 2,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 2, 2022, deletes or extends
that date.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique need to address the problem of homelessness in
the County of Santa Clara.