BILL NUMBER: AB 2176 CHAPTERED
BILL TEXT
CHAPTER 691
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 3, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 16, 2016
AMENDED IN ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY APRIL 19, 2016
INTRODUCED BY Assembly Member Campos
FEBRUARY 18, 2016
An act to amend Section 8698 of, and to add and repeal Section
8698.3 of, the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2176, Campos. Shelter crisis: emergency bridge housing
communities.
Existing law authorizes a governing body of a political
subdivision, as defined, to declare a shelter crisis if the governing
body makes a specified finding. Existing law authorizes a political
subdivision to allow persons unable to obtain housing to occupy
designated public facilities, as defined, during the period of a
shelter crisis. Existing law provides that certain state and local
laws, regulations, and ordinances are suspended during a shelter
crisis, to the extent that strict compliance would in any way
prevent, hinder, or delay the mitigation of the effects of the
shelter crisis.
This bill, until January 1, 2022, upon a declaration of a shelter
crisis by the City of San Jose would authorize emergency housing to
include an emergency bridge housing community for the homeless. The
bill would define an emergency bridge housing community to include,
but not be limited to, housing in temporary structures including, but
not limited to, emergency sleeping cabins, as defined. The bill, in
lieu of compliance with state and local building, housing, health,
habitability, or safety standards and laws, would authorize the city
to adopt by ordinance reasonable local standards for emergency bridge
housing communities, as specified. The bill would require the
Department of Housing and Community Development to review the draft
ordinance to ensure it addresses minimum health and safety standards
and to provide its findings to committees of the Legislature, as
provided. The bill would require the city, among other things, to
match each resident of an emergency bridge housing community to an
affordable housing unit identified in the city's housing plan that
will be available for the resident to live in on or before January 1,
2022, and develop a plan for emergency bridge housing communities to
include on-site supportive services. The bill would further require
the city to annually report to the Legislature specific information
on emergency bridge housing communities, including, among other
information, the number of residents in every emergency bridge
housing community and the actual and projected number of permanent
affordable housing units available through January 1, 2022.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City of San Jose.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8698 of the Government Code is amended to read:
8698. For purposes of this chapter, the following definitions
shall apply:
(a) "Political subdivision" includes the state, any city, city and
county, county, special district, or school district or public
agency authorized by law.
(b) "Governing body" means the following:
(1) The Governor for the state.
(2) The legislative body for a city or city and county.
(3) The board of supervisors for a county.
(4) The governing board or board of trustees for a district or
other public agency.
(5) An official designated by ordinance or resolution adopted by a
governing body, as defined in paragraph (2), (3), or (4).
(c) "Public facility" means any facility of a political
subdivision including parks, schools, and vacant or underutilized
facilities which are owned, operated, leased, or maintained, or any
combination thereof, by the political subdivision through money
derived by taxation or assessment.
(d) "Declaration of a shelter crisis" means the duly proclaimed
existence of a situation in which a significant number of persons are
without the ability to obtain shelter, resulting in a threat to
their health and safety.
(e) "Emergency bridge housing community" means any new or existing
facilities, including, but not limited to, housing in temporary
structures, including, but not limited to, emergency sleeping cabins
consistent with the requirements of subdivision (h) of Section 8698.3
that are reserved for homeless persons and families, together with
community support facilities, including, but not limited to, showers
and bathrooms adequate to serve the anticipated number of residents
all of which may be located on property leased or owned by a
political subdivision. An emergency bridge housing community shall
include supportive and self-sufficiency development services, have
the ultimate goal of moving homeless persons to permanent housing as
quickly as reasonably possible, and limit rents and service fees to
an ability-to-pay formula reasonably consistent with the United
States Department of Housing and Urban Development's requirements for
subsidized housing for low-income persons.
SEC. 2. Section 8698.3 is added to the Government Code, to read:
8698.3. Notwithstanding any other provisions in this chapter,
upon a declaration of a shelter crisis by the City of San Jose, the
following shall apply during a shelter crisis:
(a) Emergency housing may include an emergency bridge housing
community for the homeless located or constructed on any city-owned
or city-leased land, including land acquired with low- and
moderate-income housing funds.
(b) (1) The city, in lieu of compliance with state and local
building, housing, health, habitability, or safety standards and
laws, may adopt by ordinance reasonable local standards for the
design, site development, and operation of emergency bridge housing
communities and the structures and facilities therein, to the extent
that it is determined at the time of adoption that strict compliance
with state and local standards or laws in existence at the time of
that adoption would in any way prevent, hinder, or delay the
mitigation of the effects of the shelter crisis. The Department of
Housing and Community Development shall review the city's draft
ordinance to ensure it addresses minimum health and safety standards.
The department shall, as set forth in Section 9795 of the Government
Code, provide its findings to the Senate and Assembly housing
committees and the Senate Judiciary Committee within 30 calendar days
of receiving the draft ordinance.
(2) During the shelter crisis, except as provided in this section,
provisions of any state or local building, housing, health,
habitability, or safety standards or laws shall be suspended for the
emergency bridge housing communities provided that the city has
adopted health and safety standards for emergency bridge housing
communities consistent with ensuring minimal public health and safety
and those standards are complied with. Landlord tenant laws codified
in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a
cause of action for habitability or tenantability, shall be
suspended for the emergency bridge housing communities provided that
the city has adopted health and safety standards for emergency bridge
housing communities and those standards are complied with. During
the shelter crisis, the local and state law requirements for an
emergency bridge housing project to be consistent with the local land
use plans, including the general plan, shall be suspended.
(3) This section applies only to a public facility or an emergency
bridge housing community reserved for the homeless pursuant to this
chapter.
(c) An emergency bridge housing community constructed or allowed
under this chapter shall not be subject to the Special Occupancy
Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of
the Health and Safety Code), the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code), or the Mobilehome Residency Law (Chapter 2.5
(commencing with Section 798) of Title 2 of Part 2 of Division 2 of
the Civil Code).
(d) An emergency bridge housing community that complies with the
applicable requirements of the Americans with Disabilities Act of
1990 (Public Law 101-336), as amended by the ADA Amendments Act of
2008 (Public Law 110-325), shall be exempt from Part 2.5 (commencing
with Section 54) of Division 1 of the Civil Code and actions
thereunder for the duration of the shelter crisis.
(e) The city shall match each resident of an emergency bridge
housing community to an affordable housing unit identified in the
city's housing plan that shall be available for the resident to live
in on or before January 1, 2022.
(f) On or before July 1, 2017, the city shall develop a plan for
every emergency bridge housing community to include on-site
supportive services. The city shall make the report publicly
available.
(g) On or before January 1, 2018, and annually thereafter, the
city shall report to the Legislature the number of residents in every
emergency bridge housing community, the number of residents who have
moved from an emergency bridge housing community into permanent
affordable housing, the average time required for a resident to
receive a permanent affordable housing unit, and the actual and
projected number of permanent affordable housing units available
through January 1, 2022.
(h) An "emergency sleeping cabin" means a relocatable hard-sided
structure that may be used for occupancy only pursuant to Section
8698 and this section. It shall have a raised floor area of no less
than 120 square feet of interior space for two occupants and a
minimum of 70 square feet of interior space for one occupant. It
shall contain no plumbing or gas service. An emergency sleeping cabin
shall meet a minimum of a 20 pounds per square foot live load roof
structure, shall be provided light, heat, and ventilation, and shall
comply with minimum emergency bridge housing design standards as
follows:
(1) Electrical power available as needed to meet the light and
heat requirements of this subdivision. The source of electricity may
be solar power.
(2) At least one interior lighting fixture.
(3) Electrical heating equipment approved for residential use.
(4) Means of ventilation allowing for adequate air replacement.
(5) At least one GFCI-protected receptacle for use by the occupant
or occupants.
(6) At least two forms of egress placed remotely from each other,
one of which may be an egress window with a sill height of not more
than 44 inches from the floor, a minimum net opening height of 24
inches, and a minimum width of 20 inches.
(7) A privacy lock on each door.
(8) When required to meet accessibility requirements, compliance
with the applicable requirements specified in Chapter 11B of the
California Building Code.
(9) One permanently wired smoke alarm with battery backup, listed
and labeled in accordance with UL 217, installed in accordance with
the California Residential Code and NFPA 72. Battery powered alarms
are permissible in lieu of wired alarms only when the cabin is solar
powered and other electrical service is not supplied to the cabin.
Smoke alarms shall be listed and approved by the State Fire Marshal.
(10) This subdivision shall remain operative until the date on
which the California Building Standards Commission includes standards
in the California Building Standards Code that conform to this
subdivision.
(i) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique need to address the problem of homelessness in
the City of San Jose.