Existing law requires the Military Department to make certain state armories available to specified cities and counties for the purpose of providing temporary shelter for homeless persons from October 15 to April 15, inclusive, each year. Existing law authorizes the Adjutant General to use alternate armories as may be necessary to meet the operational needs of the Military Department and authorizes any county or city to use any armory within its jurisdiction subject to the approval of the Adjutant General.

This bill would delete the list of armories to be made available and instead require the Adjutant General, upon request by a county or city, to make state-owned armories available for the purpose of providing temporary shelter for homeless persons for the above-described time period, unless the requested armory is not available due to operational requirements, in which case the bill would require, if practicable, the Adjutant General to provide an alternative state-owned armory for this use.

Existing law requires the Military Department to make certain state armories available to specified cities and counties for the purpose of providing temporary shelter for homeless persons from October 15 to April 15, inclusive, each year. Existing law authorizes the Adjutant General to use alternate armories as may be necessary to meet the operational needs of the Military Department and authorizes any county or city to use any armory within its jurisdiction subject to the approval of the Adjutant General.

This bill would revise these provisions to, among other things, delete the list of armories to be made available and instead require the Adjutant General, upon request by a county or city, to make state-owned armories available for the purpose of providing temporary shelter for homeless persons for the above-described time period. period, unless the requested armory is not available due to operational requirements, in which case the bill would require, if practicable, the Adjutant General to provide an alternative state-owned armory for this use.

Existing law requires the Military Department to make certain state armories available to specified cities and counties for the purpose of providing temporary shelter for homeless persons from October 15 to April 15, inclusive, each year. Existing law authorizes the Adjutant General to use alternate armories as may be necessary to meet the operational needs of the Military Department and authorizes any county or city to use any armory within its jurisdiction subject to the approval of the Adjutant General.

This bill would revise these provisions to, among other things, delete the list of armories to be made available to include the Placerville armory in El Dorado County, Madera armory in Madera County, and Auburn armory in Placer County. and instead require the Adjutant General, upon request by a county or city, to make state-owned armories available for the purpose of providing temporary shelter for homeless persons for the above-described time period.

Existing law requires the Military Department to make certain state armories available to specified cities and counties for the purpose of providing temporary shelter for homeless persons from October 15 to April 15, inclusive, each year.

This bill would revise the list of armories to be made available to include the Placerville armory in El Dorado County, Madera armory in Madera County, and Auburn armory in Placer County.

GOVERNOR'S VETO

GV Bill Id:AB 431

Author:(Bigelow)

As Enrolled Ver:July 7, 2017

2/3 vote

Original Committee Reference: V.A.

SUMMARY: This bill generally requires the Adjutant General, upon request by a county or city, to make state-owned militia armories available to serve as temporary shelter for homeless persons from October 15 to April 15 each year.

The Senate amendments clarify that if the Adjutant General determines that a requested armory is operationally unavailable he or she shall designate an alternative armory unless that is impracticable.

EXISTING LAW: Requires listed armories to be made available to their home counties or cities to temporarily shelter homeless persons from October 15 to April 15 each year.

FISCAL EFFECT: Unknown at this time, post amendments, however, the Assembly Appropriations Committee determined negligible fiscal impact to the previous version of the bill and the Senate Appropriations Committee did not hear the bill as amended citing Senate Rule 28.8.

COMMENTS: There have been several bills adding armories to the list of armories available for use as warming shelters since this code section was originally codified following the passage of AB 1808 (Areias), Chapter 1195, Statutes of 1994.

The state has a broad underlying policy to the effect that during the winter months, the department, subject to the approval of the Adjutant General, shall make armories available to cities and counties in order to provide temporary shelter to homeless people. However, currently the code contains a list of available armories, implying that those armories not listed are not available. This bill deletes the list and extends the blanket policy to all armories.

In addition to its alignment with existing policy, this bill should reduce consumption of future Legislative resources which might be used to add additional armories to the list one-by-one.

Furthermore, the Senate Amendments clarify that if a request is made by a City or County and the Adjutant General determines the requested armory is not available for operational reasons he or she has an affirmative duty to offer such alternative armories as are practicable.

GOVERNOR'S VETO MESSAGE:

I am returning Assembly Bill 431 without my signature.

This bill makes state-owned militia armories generally available to localities for use as temporary shelters for homeless persons from October 15 through April 15 each year, subject to the approval of the Adjutant General.

Making the armories available for this purpose is a worthy goal, but this bill is unnecessary. The Adjutant General has full authority to grant local requests for temporary homeless shelters. Current law allows any city or county to use an armory within its jurisdiction for use as a temporary shelter, subject to the Adjutant General's approval.

To make sure this law is widely understood, I am directing the Military Department to place on its website information that all localities can request state militia armories in their jurisdictions be used as temporary shelters for the homeless.

Analysis Prepared by: Christian Burkin / V.A. / (916) 319-3550 FN: 0001313

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 431

Author:(Bigelow)

As Amended Ver:May 26, 2017

Majority vote

Original Committee Reference: V.A.

SUMMARY: This bill generally requires the Adjutant General (TAG), upon request by a county or city, to make state-owned militia armories available to serve as temporary shelter for homeless persons from October 15 to April 15 each year.

The Senate amendments clarify that if the Adjutant General determines that a requested armory is operationally unavailable he or she shall designate an alternative armory unless that is impracticable.

EXISTING LAW: Requires listed armories to be made available to their home counties or cities to temporarily shelter homeless persons from October 15 to April 15 each year.

FISCAL EFFECT: Unknown at this time, post amendments, however, the Assembly Appropriations Committee determined negligible fiscal impact to the previous version of the bill and the Senate Appropriations Committee did not hear the bill as amended citing Rule 28.8.

COMMENTS: There have been several bills adding armories to the list of armories available for use as warming shelters since this code section was originally codified following the passage of AB 1808 (Areias), Chapter 1195 Statutes of 1994.

The state has a broad underlying policy to the effect that during the winter months, the department, subject to the approval of the Adjutant General, shall make armories available to cities and counties in order to provide temporary shelter to homeless people. However, currently the code contains a list of available armories, implying that those armories not listed are not available. This bill deletes the list and extends the blanket policy to all armories.

In addition to its alignment with existing policy, this bill should reduce consumption of future Legislative resources which might be used to add additional armories to the list one-by-one.

Furthermore, the Senate Amendments clarify that if a request is made by a City or County and the Adjutant General determines the requested armory is not available for operational reasons he or she has an affirmative duty to offer such alternative armories as are practicable.

Analysis Prepared by: John Spangler / V.A. / (916) 319-3550 FN: 0001097

 CONSENT  

Bill No: AB 431

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 7-0, 6/13/17

AYES: Newman, Nielsen, Dodd, Hueso, Nguyen, Roth, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 4/20/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill generally requires the Adjutant General (TAG), upon request by a county or city, to make state-owned militia armories available to serve as temporary shelter for homeless persons from October 15 to April 15 each year.

ANALYSIS: Existing law requires specified armories to be made available to their home counties or cities to temporarily shelter homeless persons from October 15 to April 15 each year.

This bill:

1. Repeals a provision that requires the California Military Department (CMD) to make specified armories available to their host counties or cities within those counties for the purpose of providing temporary shelter for the homeless from October 15 to April 15, inclusive, each year.
2. Requires the TAG:
   1. Upon request by a county or city, to make state-owned armories available to serve as temporary shelter for homeless persons from October 15 to April 15, inclusive, each year.
   2. If the requested armory is not available due to operational requirements, requires, if practicable, the TAG to provide to the requesting county or city an alternative state-owned armory for the designated shelter purpose.

Background

Homelessness in California. In March 2017, the Wall Street Journal reported the following data on homelessness, which had been provided to the Congress by the United States Department of Housing and Urban Development (data current as of Jan 2016):

• United States total homeless: ~ 550,000 people
• California total homeless: ~ 118,000 (21.5 percent of national total)
• Approximately 66 percent of California’s homeless are unsheltered.

California Military Department. The TAG supervises the CMD, which comprises several state militia organizations, the largest being the approximately 22,000-member California National Guard (CNG). The CNG includes official components of the United States Army and Air Force, as well as purely state entities, such as the State Military Reserve and State Active Duty force. The TAG is “dual-hatted” and has both federal and state authority and responsibilities; therefore, the TAG serves both as commander of the federally trained and paid CNG and as “state director” of the CMD.

Armories as emergency shelters. The CMD operates approximately 99 active armory sites throughout the state. Armories (or “readiness centers”) are the primary sites for unit training and are integral to the readiness and responsiveness of CNG personnel for both federal and state missions and non-Guard personnel for state purposes.

Armories are routinely used to mobilize and house troops when the CNG responds to wildfires, while also serving as emergency operations centers for other first-responder agencies. Armories also are used to shelter displaced civilians, who have been evacuated from their homes due to fires, floods or other state emergencies. Several armories throughout the state serve as homeless shelters in the winter months under what is called the “Winter Shelter Program” (WSP).

The use of armories to temporarily house California's homeless during bad weather months began in 1987, when Governor George Deukmejian, by executive order, initiated the Emergency Shelter Program, authorizing the CNG to make armories available for temporary emergency shelters. Sixteen armories were used as shelters.

According to the CMD, counties and cities that use the armories under this program provide all needed materials and contracted services for their homeless and are responsible for all program operations. The license fee for using an armory as a shelter typically costs $440 for one 12-hour period, or for locations open for a 14-hour period, counties or cities are charged $540 per daily/nightly use. The fees pay for the CMD’s cost of administering the WSP, payroll for Guard personnel who must be on site each night for security purposes, increased utility costs, and maintenance of the facility.

Government Code Sections 15301-15301.6 pertain to assistance of homeless persons and the Emergency Shelter Program. Section 15301(a) currently specifies 33 armories as eligible for winter shelter use.

Related/Prior Legislation

AB 2254 (Achadjian, Chapter 462, Statutes of 2016) revised the list of armories to be made available to include the Atascadero armory in San Luis Obispo County.

AB 1954 (Jackson, Chapter 958, Statutes of 2000) revised the list of armories to be made available as temporary homeless shelters and expanded the time frame of the Temporary Emergency Shelter Program, as specified.

AB 612 (Jackson, Chapter 793, Statutes of 1999) appropriated $1,365,000 from the General Fund, in augmentation of the Budget Act of 1999, to provide temporary emergency shelter to the homeless.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/26/17)

American G.I. Forum of California

AMVETS-Department of California

California Association of County Veterans Services Officers

Military Officers Association of America, California Council of Chapters

Rural County Representatives of California

Vietnam Veterans of America – California State Council

OPPOSITION: (Verified 6/26/17)

None received

ASSEMBLY FLOOR: 74-0, 4/20/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Choi, Gallagher, Mathis, Patterson, Ridley-Thomas

Prepared by:

6/27/17 16:37:19

**** END ****

SENATE COMMITTEE ON

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: Hearing Date: 6/13/17

Subject:

DESCRIPTION

Summary:

This bill generally requires the Adjutant General (TAG), upon request by a county or city, to make state-owned militia armories available to serve as temporary shelter for homeless persons from October 15 to April 15 each year.

Existing law:

Requires specified armories to be made available to their home counties or cities to temporarily shelter homeless persons from October 15 to April 15 each year.

This bill:

1. Repeals a provision that requires the CMD to make specified armories available to their host counties or cities within those counties for the purpose of providing temporary shelter for the homeless from October 15 to April 15, inclusive, each year.
2. Requires the TAG:
3. Upon request by a county or city, to make state-owned armories available to serve as temporary shelter for homeless persons from October 15 to April 15, inclusive, each year.
4. If the requested armory is not available due to operational requirements, requires, if practicable, the TAG to provide to the requesting county or city an alternative state-owned armory for the designated shelter purpose.

BACKGROUND

Homelessness in California

In March 2017, the Wall Street Journal reported the following data on homelessness, which had been provided to the Congress by the United States Department of Housing and Urban Development (data current as of Jan 2016):

• United States total homeless: ~ 550,000 people
• California total homeless: ~ 118,000 (21.5 percent of national total)
• Approximately 66 percent of California’s homeless are unsheltered.

California Military Department

The TAG supervises the California Military Department (CMD), which comprises several organizations, the largest being the approximately 22,000-member California National Guard (CNG). The CNG includes official components of the United States Army and Air Force, as well as purely state entities, such as the State Military Reserve and State Active Duty force. The TAG is “dual-hatted” and has both federal and state authority and responsibilities; therefore, the TAG serves both as commander of the federally trained and paid CNG and also as “state director” of the CMD.

Armories as Emergency Shelters

The CMD operates approximately 99 active armory sites throughout the state. Armories (or “readiness centers”) are the primary sites for unit training and are integral to the readiness and responsiveness of CNG personnel for both federal and state missions and non-Guard personnel for state purposes.

Armories are routinely used to mobilize and house troops when the CNG responds to wildfires, while also serving as emergency operations centers for other first-responder agencies. Armories also are used to shelter displaced civilians, who have been evacuated from their homes due to fires, floods or other state emergencies. Several armories throughout the state serve as homeless shelters in the winter months under what is called the “Winter Shelter Program.”

The use of armories to temporarily house California's homeless during bad weather months began in 1987, when Governor. George Deukmejian, by executive order, initiated the Emergency Shelter Program, authorizing the CNG to make armories available for temporary emergency shelters. Sixteen armories were used as shelters.

According to the CMD, counties and cities that use the armories under this program provide all needed materials and contracted services for their homeless and are responsible for all program operations. The license fee for using an armory as a shelter typically costs $440 for one 12-hour period, or for locations open for a 14-hour period, counties or cities are charged $540 per daily/nightly use. The fees pay for the CMD’s cost of administering the WSP, payroll for Guard personnel who must be on site each night for security purposes, increased utility costs, and maintenance of the facility.

Government Code sections 15301-15301.6 pertain to assistance of homeless persons and the emergency shelter program. These provisions have not been amended by the Legislature since 1999.

Section 15301(a) currently lists certain armories: El Centro, Calexico, Culver City, Glendale, Inglewood, Long Beach 7th Street, Pomona, Sylmar, West Los Angeles Federal Avenue, Merced, Fullerton, Santa Ana, Roseville, Corona, Indio, Riverside, El Cajon, Escondido, Vista, San Mateo, Santa Barbara, Santa Maria, Gilroy, San Jose Hedding Street, Sunnyvale, Santa Cruz, Watsonville, Redding, Petaluma, Santa Rosa, Oxnard and Ventura, which shall be made available to their respective counties or any city in these counties for the purpose of providing temporary shelter for homeless persons during the period from October 15 through April 15 each year.

Section 15301(b) provides that the TAG has sole discretion to use alternate armories as may be necessary to meet the operational needs of the CMD. Additionally, any county or city, including those not listed in subdivision (a), may use any armory within its jurisdiction subject to the approval of the TAG.

Section 15301(c) provides that, subject to appropriation in the annual Budget Act, the TAG may increase or decrease the number of days of operation among all of the armories funded in any year to best meet cold weather demands as they develop. The TAG shall periodically report to the counties authorized to receive funds on the ongoing availability of remaining funded shelter days.

Section 15301.1 states that armories shall not be made available during any period that any state militia or U.S. Armed Forces organization is conducting drills or other military training or activity at the armory or during any period that the armories have been designated by the Governor or TAG for use appropriate to a condition of emergency, including, but not limited to, Red Cross use during an earthquake, fire, or other disaster.

Per the CMD, eight armories sheltered 97,800 individuals in the 2016-17 winter season:

• Fullerton - Orange County
• Gilroy - Santa Clara County
• Walnut Creek – Contra Costa
• Oxnard – Ventura County
• Pomona Park - Los Angeles County
• Santa Ana - Orange County
• Sylmar - Los Angeles County
• West Los Angeles-Federal Ave. – Los Angeles County

By comparison, 10 armories sheltered 130,413 individuals during the 2015-16 season.

• Santa Cruz- Santa Cruz County
• Gilroy - Santa Clara County
• Los Angeles Federal– Los Angeles County
• Pomona - Los Angeles County
• Sylmar- Los Angeles County
• Inglewood – Los Angeles County
• Fullerton - Orange County
• Santa Ana- Orange County
• Oxnard – Ventura County
• Santa Maria – Santa Barbara County

COMMENT

Prior/Related Legislation

AB 2254 (Achadjian, Chapter 462, Statutes of 2016) revises the list of armories to be made available to include the Atascadero armory in San Luis Obispo County.

AB 1954 (Jackson, Chapter 958, Statutes of 2000) revises the list of armories to be made available as temporary homeless shelters and expands the time frame of the Temporary Emergency Shelter Program, as specified.

AB 612 (Jackson, Chapter 793, Statutes of 1999) appropriates $1,365,000 from the General Fund, in augmentation of the Budget Act of 1999, to provide temporary emergency shelter to the homeless.

POSITIONS

Sponsor: Author.

Support:

American G.I. Forum of California

AMVETS-Department of California

California Association of County Veterans Services Officers

Military Officers Association of America, California Council of Chapters

Rural County Representatives of California

Vietnam Veterans of America – California State Council

Oppose: None received.

-- END --

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 431

Author:(Bigelow) – As Amended Ver:March 20, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill deletes the list of specified state-owned armories to be made available to a county or a city for providing temporary shelter for homeless persons from October 15 through April 15 each year, and instead requires, with exceptions, the Adjutant General (TAG) to make state-owned armories available, upon request by a city or county, for this purpose.

FISCAL EFFECT:

Negligible fiscal impact to the California Military Department (CMD).

COMMENTS:

1. Purpose. Current law authorizes certain armories throughout California to provide temporary shelter to homeless persons during the winter months. Rather than continuing to authorize individual shelters in statute, this measure provides broad authority to the Adjutant General to allow any state-owned armory in California to serve as a temporary homeless shelter upon request by a county or city.
2. Background. Under direction of the TAG, the CMD operates 99 active armory sites in California. Armories (or “readiness centers”) are the primary sites for unit training and are integral to the readiness of National Guard personnel for both federal and state missions, and non-Guard personnel for state purposes. Armories also are used to mobilize and house troops when the Guard responds to wildfires, serve as emergency operations centers for other first-responder agencies, and shelter displaced civilians who have been evacuated from their homes due to fires or other state emergencies.

California has the largest population of unsheltered homeless persons in the United States. In 2015, more than 100,000 Californians were counted as homeless, with approximately 75% of that population considered unsheltered. To help meet the demand for shelter, current law lists specific armories that, except in cases where needed for military or emergency purposes, must be made available to a city or county for providing temporary shelter for homeless persons from mid-October to mid-April each year. Additionally, any county or city, including those not specifically listed, may use any armory within its jurisdiction subject to the approval of the TAG.

Any city or county using a state armory for providing temporary shelter for the homeless must obtain a license from the CMD and is responsible for all costs, including all costs of providing shelter in the armory (utilities, maintenance, admin, janitorial, security) and complying with state and local health and safety codes.

1. Prior Legislation.
2. AB 2254 (Achadjian), Chapter 462, Statutes of 2016, revised the list of armories to be made available as temporary homeless shelters to include the Atascadero armory in San Luis Obispo County.
3. AB 1954 (Jackson), Chapter 958, Statutes of 2000, revised the list of armories to be made available as temporary homeless shelters and expanded the time frame of the Temporary Emergency Shelter Program, as specified.
4. AB 612 (Jackson), Chapter 793, Statutes of 1999, appropriated $1,365,000 from the General Fund, in augmentation of the Budget Act of 1999, to provide temporary emergency shelter to the homeless.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: March 21, 2017

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

ABPCA Bill Id:AB 431 (

Author:Bigelow) – As Introduced Ver:February 13, 2017

SUBJECT: Armories: homeless shelter

SUMMARY: Amends the law to allow armories in the State of California to be made available for the purpose of providing temporary shelter for homeless persons from October 15 through April 15 each year, subject to the approval of the Adjutant General.

EXISTING LAW: Requires the Military Department to make certain state armories available to specified cities and counties for the purpose of providing temporary shelter for homeless persons from October 15 to April 15, inclusive, each year.

FISCAL EFFECT: Unknown at this time

COMMENTS: According to the author:

California has the largest population of unsheltered homeless persons in the United States. In 2015, more than 100,000 Californians were counted as homeless, with approximately 75% of that population considered unsheltered. Current law authorizes certain armories throughout California to provide temporary shelter to homeless persons. Unfortunately, California is experiencing an additional need for more shelters. Right now, armories must be added to a list by way of state law in order to be used to provide temporarily shelter. This measure simply states that the Adjutant General, or senior officer of the National Guard, may allow any state-owned armory in California to temporary shelter homeless persons upon request by a county or city.

There have been several bills adding armories to the list of armories available for use as warming shelters since this code section was originally codified following the passage of AB 1808 in 1994. This bill states the broad underlying policy and makes it applicable to all armories. In short, the policy is: During the winter months, the department, subject to the approval of the Adjutant General, shall make the armories available to cities and counties in order to provide temporary shelter to homeless people. Furthermore, this bill should reduce consumption of future Legislative resources which might be used to add additional armories to the list.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I. Forum of California

AMVETS-Department of California
California Association of County Veterans Services Officers
Military Officers Association of America, California Council of Chapters

Vietnam Veterans of America – California State Council

Opposition

None on File.

Analysis Prepared by: John Spangler / V.A. / 916-319-3550