CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2553

Author:(Ting and Berman)

As Amended Ver:August 21, 2020

2/3 vote. Urgency

SUMMARY:

Expands the Shelter Crisis Act to all cities and counties in California, adds safe parking sites as an eligible form of shelter, and extends the sunset to 2026.

The Senate Amendments:

1. Remove the requirement that the Department of Housing and Community Development (HCD) review and approve any city's or county's draft ordinance providing local standards and procedures for the design, site development, and operation of homeless shelters. Instead, requires that, for a jurisdiction that adopts an ordinance establishing such local standards, those standards must, at a minimum, meet the standards provided in the 2019 California Residential Code Appendix X, and California Building Code Appendix O, and any future standards adopted by HCD related to emergency housing or emergency housing facilities, unless the city or county adopts findings stating why the standards cannot be met, as specified.
2. Add an urgency clause.

COMMENTS:

Homelessness in California. According to the U.S. Department of Housing and Urban Developments (HUD) 2019 Annual Homeless Assessment Report to Congress, in January 2019 California had 27% of the nation's homeless population (about 151,278 individuals). California also contains 53% of the nation's unsheltered homeless population (108,432), including people living in vehicles, abandoned buildings, parks, or on the street. Los Angeles contains the highest number of homeless people in the state, at 56,257, where 76% of those are unsheltered. People experiencing homelessness face a variety of challenges including food and income insecurity, as well as health problems; the homeless population faces a higher risk of exposure to communicable diseases such as COVID-19, influenza, strep throat, sexually transmitted diseases, Hepatitis C, HIV/AIDS, and tuberculosis, among others.

The Shelter Crisis Act: The Shelter Crisis Act (AB 932 (Ting), Chapter 786, Statutes of 2017) authorizes certain local jurisdictions that have declared a shelter crisis to allow homeless individuals to occupy public facilities designated as emergency housing such as shelter beds, for the duration of the crisis. The Shelter Crisis Act also provides limited liability and suspends local housing, health, and safety standards for public facilities to the extent that full compliance would hamper mitigation of the effects of the shelter crisis. A locality may adopt, by ordinance, reasonable local standards for design, site development, and operation of shelters. Such ordinances must be reviewed by the Department of Housing and Community Development (HCD) to ensure they meet minimum health and safety standards.

The Shelter Crisis Act initially included Berkeley, Emeryville, Los Angeles, Oakland, San Diego, Santa Clara County, and the City and County of San Francisco, and was set to expire in 2021. It was expanded last year to include Alameda and Orange Counties, the cities within those counties, and the City of San Jose, so that now roughly half the state's homeless population is covered by the Act. Last year's legislation also extended the sunset to 2023. This bill expands the Shelter Crisis Act to the rest of the state and extend the sunset again, to 2026.

Adding safe parking sites. Some localities are establishing safe parking programs, which designate areas where individuals living in their cars can remain safely overnight. The goal of safe parking programs is to provide a temporary living situation until individuals regain permanent housing. Safe parking programs are often operated out of lots owned by public entities or non-profit organizations, and typically have security or onsite staff, bathroom facilities, water, and trash services. They can be coupled with other case management services intended to help individuals find permanent housing. Safe parking programs generally require a valid driver's license, vehicle registration, and insurance to participate. Most programs also conduct background checks to screen out sex offenders and violent felons. California is host to a number of safe parking programs, many of which are operated by non-governmental entities including faith-based groups, and others that are operated by a local government.

In recognition of safe parking programs as a tool to address homelessness, this bill expands the definition of "homeless shelter" under the Shelter Crisis Act to include a parking lot owned or leased by a city or county and specifically identified as a safe parking site for individuals experiencing homelessness. It also adds the RV Park Occupancy Law to the exemptions from the Act.

According to the Author:

"California is facing a devastating homelessness crisis exacerbated by a lack of shelter housing. With siting, planning, and building shelters taking years, business as usual is failing. This bill expands a 2017 pilot program allowing cities and counties to fight homelessness with regulatory flexibility to expedite the construction of shelters that can link people in need with services to achieve self-sufficiency."

Arguments in Support:

Supporters argue that the bill provides all jurisdictions within the state of California an important tool to combat unsheltered homelessness. According to the City of Sacramento,

"The City's ability to effectively address the impacts of homelessness by regulating the construction of shelters is impacted by various state laws and regulations, including those concerning building and construction. The proposed amendments to Government Code Section 8698.4 allows the City to better address the effects of homelessness during a declared shelter crisis by tailoring different regulations to the construction of temporary shelters for the homeless."

Arguments in Opposition:

None of file.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, HCD estimates costs in the range of $505,000 to $708,000 for the first year, and ongoing costs of $477,000 to $668,000 annually until 2026 for 2.5 to 3.5 personnel years in staff time to provide technical assistance to participating cities and counties, review and approve local ordinances, and report findings to the Legislature. Actual costs would depend upon how many local jurisdictions declare a shelter crisis and submit a local ordinance for HCD review and approval, and the timing of those submittals. (General Fund)

VOTES:

ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-0-0

YES: Chiu, Diep, Gabriel, Gloria, Kiley, Limón, Maienschein, Quirk-Silva

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

ASSEMBLY FLOOR: 78-0-1

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Quirk

SENATE FLOOR: 30-0-10

YES: Allen, Archuleta, Atkins, Beall, Bradford, Caballero, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Hertzberg, Hill, Hueso, Hurtado, Jackson, Leyva, McGuire, Mitchell, Monning, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener

ABS, ABST OR NV: Bates, Borgeas, Chang, Dahle, Grove, Jones, Melendez, Moorlach, Morrell, Wilk

UPDATED:

VERSION: August 21, 2020

CONSULTANT: Sandra Nakagawa / H. & C.D. / (916) 319-2085 FN: 0003563

 THIRD READING  

Bill No: AB 2553

Author: Ting (D) and Berman (D), et al.

Amended: 8/21/20 in Senate

Vote: 27 - Urgency

SENATE HOUSING COMMITTEE: 11-0, 8/6/20

AYES: Wiener, Morrell, Bates, Caballero, Durazo, McGuire, Moorlach, Roth, Skinner, Umberg, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/20/2020

AYES: Portantino, Bates, Bradford, Hill, Jones, Leyva, Wieckowski

ASSEMBLY FLOOR: 78-0, 6/10/20 - See last page for vote

SUBJECT: Shelter crisis declarations

SOURCE: City of Sacramento

San Francisco Bay Area Planning and Urban Research Association

DIGEST:

This bill expands the Shelter Crisis Act to all cities and counties in California and extends the sunset to 2026.

ANALYSIS:

Existing law:

1. Authorizes a governing body to declare a shelter crisis. “Declaration of a shelter crisis” is defined as 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.
2. Authorizes emergency housing, until January 1, 2023, to include homeless shelters upon the declaration of a shelter crisis by:
   1. The cities of Berkeley, Emeryville, Los Angeles, Oakland, San Diego, and San Jose.
   2. Any city within Alameda or Orange County.
   3. The Counties of Alameda, Orange, and Santa Clara County.
   4. The City and County of San Francisco.
3. Authorizes the cities and counties in 2) above, to suspend housing, health, habitability, planning and zoning, or safety standards and procedures during the shelter crisis and allows them to adopt, by ordinance reviewed by the Department of Housing and Community Development (HCD), local standards and procedures for the design, site development, and operation of homeless shelters and structures if it is determined that strict compliance with state and local standards and laws would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
4. Authorizes the cities and counties in 2) above, to suspend landlord tenant laws for homeless shelters provided that the city or county adopts health and safety standards for shelters and those standards are complied with.
5. Requires the cities and counties in 2) above, to develop a plan to address the shelter crisis by July 1, 2019, make it publicly available, and to annually report specified information to the Legislature by January 1, 2019, until January 1, 2023. Provides that Alameda County or a city within that county, Orange County or a city within that county, and the City of San Jose shall develop a plan by July 1, 2020, and provide an annual report to the Legislature on or before January 1 of the year following the shelter crisis declaration.
6. Requires the report to the Legislature to include the following information:
   1. Total number of individuals in homeless shelters within the city or county.
   2. Total number of individuals who have moved from a homeless shelter into permanent supportive housing within the city or county.
   3. The estimated number of permanent supportive housing units.
   4. The number of individuals who have exited the system and are no longer in need of a homeless shelter of permanent supportive housing in the city or county.
   5. New actions the city or county is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness.

This bill:

1. Expands the Shelter Crisis Act to all cities and counties in the state.
2. Deletes the requirement for HCD to review local ordinances adopted under the Shelter Crisis Act. Requires, instead, that city or county ordinances meet, at minimum, the standards in the 2019 California Residential Building Code, as well as any future standards adopted by HCD related to emergency housing or emergency housing facilities, unless the city or county adopts findings stating why the standards cannot be met and how the city’s or county’s standards protect health and safety. Requires the city or county, upon adopting a Shelter Crisis Act ordinance, to file it with HCD, along with any associated findings.
3. Requires any city or county not already covered by the Shelter Crisis Act, who declares a shelter crisis on or before January 1, 2021, to develop a plan to address the shelter crisis by July 1, 2021. Requires any city or county not already covered by the Shelter Crisis Act, who declares a shelter crisis after January 1, 2021, to develop the plan by July 1 of the year following the declaration.
4. Requires all cities or counties that have declared a shelter crisis pursuant to this bill to report specified information to the Legislature by January 1 of each year, including the adopted ordinance and any related findings.
5. Requires the annual report, beginning January 1, 2022, to include bed capacity of new homeless shelters built pursuant to the declaration. Provides that bed capacity shall not include the parking capacity of a homeless shelter on a parking lot owned or leased by a city or county and specifically identified as allowing safe parking by homeless and unstably housed individuals.
6. Provides that the Shelter Crisis Act, and any ordinance adopted by a city or county pursuant to the Shelter Crisis Act, shall apply to land owned or leased by an agency or entity created by a joint powers agreement if the city or county that declared the shelter emergency is one of the parties to the agreement and the property is located in its jurisdiction.
7. Expands the definition of “homeless shelter” under the Shelter Crisis Act to include a parking lot owned or leased by a city or county and specifically identified as allowed for safe parking by homeless and unstably housed individuals.
8. Extends the Shelter Crisis Act from January 1, 2023, to January 1, 2026.

Background

The Shelter Crisis Act authorizes certain local jurisdictions that have declared a shelter crisis to allow homeless individuals to occupy public facilities designated as emergency housing, for the duration of the crisis. (Emergency housing is typically provided as shelter beds allowing for an overnight stay in places such as gyms.) The Shelter Crisis Act also provides limited liability and suspends local housing, health, and safety standards for public facilities to the extent that full compliance would hamper mitigation of the effects of the shelter crisis. A locality may adopt, by ordinance, reasonable local standards for design, site development, and operation of shelters; such ordinances must be reviewed by HCD to ensure they meet minimum health and safety standards.

The Shelter Crisis Act initially included Berkeley, Emeryville, Los Angeles, Oakland, San Diego, Santa Clara County, and the City and County of San Francisco, and was set to expire in 2021. It was expanded last year to include Alameda and Orange Counties, the cities within those counties, and the City of San Jose, so that now roughly half the state’s homeless population is covered by the Act. Last year’s legislation also extended the sunset to 2023. This bill expands the Shelter Crisis Act to the rest of the state and extend the sunset again, to 2026.

Comments

1. Author’s statement. “California is facing a devastating homelessness crisis exacerbated by a lack of shelter housing. With siting, planning, and building shelters taking years, business as usual is failing. This bill expands a 2017 pilot program allowing cities and counties to fight homelessness with regulatory flexibility to expedite the construction of shelters that can link people in need with services to achieve self-sufficiency.”
2. Homelessness in California. According to the U.S. Department of Housing and Urban Developments (HUD) 2019 Annual Homeless Assessment Report to Congress, in January 2019 California had 27% of the nation’s homeless population (about 151,278 individuals). California also contains 53% of the nation’s unsheltered homeless population (108,432), including people living in vehicles, abandoned buildings, parks, or on the street. Los Angeles contains the highest number of homeless people in the state, at 56,257, where 76% of those are unsheltered. People experiencing homelessness face a variety of challenges including food and income insecurity, as well as health problems; the homeless population faces a higher risk of exposure to communicable diseases such as COVID-19, influenza, strep throat, sexually transmitted diseases, Hepatitis C, HIV/AIDS, and tuberculosis, among others.
3. Adding safe parking sites. Some localities are establishing safe parking programs, which designate areas where individuals living in their cars can remain safely overnight. The goal of safe parking programs is to provide a temporary living situation until individuals regain permanent housing. Safe parking programs are often operated out of lots owned by public entities or non-profit organizations, and typically have security or onsite staff, bathroom facilities, water, and trash services. They can be coupled with other case management services intended to help individuals find permanent housing. Safe parking programs generally require a valid driver’s license, vehicle registration, and insurance to participate. Most programs also conduct background checks to screen out sex offenders and violent felons. California is host to a number of safe parking programs, many of which are operated by non-governmental entities including faith-based groups, and others that are operated by a local government.

In recognition of safe parking programs as a tool to address homelessness, this bill expands the definition of “homeless shelter” under the Shelter Crisis Act to include a parking lot owned or leased by a city or county and specifically identified as a safe parking site for individuals experiencing homelessness. It also adds the RV Park Occupancy Law to the exemptions from the Act.

1. Double referral. Due to the COVID-19 Pandemic and the unprecedented nature of the 2020 Legislative Session, all Senate Policy Committee are working under a compressed timeline. This timeline does not allow this bill to be referred and heard by more than one committee as a typical timeline would allow. In order to fully vet the contents of this measure for the benefit of Senators and the public, the policy committee analysis includes information from the Senate Environmental Quality Committee. Please see the Senate Housing Committee analysis for those comments.
2. Recent amendments. This bill was amended in the Senate Appropriations Committee to delete the requirement for cities and counties to submit ordinances to HCD for review prior to adoption; establish minimum requirements that local ordinances must meet; and add an urgency clause.

Related/Prior Legislation

AB 2960 (Gipson, 2020) authorizes a city or county to allow operation of a shelter constructed under the Shelter Crisis Act that does not comply with state and local building standards for fire and life safety, provided it has adopted standards that have been approved by the State Fire Marshal. The bill is pending on the Senate Floor.

AB 2586 (Berman, 2020) would have expanded the definition of “homeless shelter” under the Shelter Crisis Act to include safe parking programs. The bill was dropped by the author and incorporated into AB 2553.

AB 143 (Quirk-Silva, Chapter 336, Statutes of 2019) authorized Alameda County, any city within Alameda County, Orange County, any city within Orange County, and the City of San Jose, to include homeless shelters as emergency housing upon declaration of a shelter crisis, until January 1, 2023.

AB 891 (Burke, 2019) would have required each city and county with a population greater than 330,000 to establish a safe parking program by January 1, 2022. The bill was vetoed by Governor Newsom.

AB 932 (Ting, Chapter 786, Statutes of 2017) authorized emergency housing, upon the declaration of a shelter crisis by the City of Berkeley, Emeryville, Los Angeles, Oakland, or San Diego, the County of Santa Clara, or the City and County of San Francisco, to include homeless shelters, until January 1, 2021.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, HCD estimates costs in the range of $505,000 to $708,000 for the first year, and ongoing costs of $477,000 to $668,000 annually until 2026 for 2.5 to 3.5 PY in staff time to provide technical assistance to participating cities and counties, review and approve local ordinances, and report findings to the Legislature. Actual costs would depend upon how many local jurisdictions declare a shelter crisis and submit a local ordinance for HCD review and approval, and the timing of those submittals. (General Fund)

SUPPORT: (Verified 8/20/20)

City of Sacramento (co-source)
San Francisco Bay Area Planning and Urban Research Association (co-source)
California Apartment Association
California YIMBY
Chan Zuckerberg Initiative
City of Redwood City
Facebook
Habitat for Humanity California
Non-Profit Housing Association of Northern California
Silicon Valley at Home
Silicon Valley Community Foundation
TMG Partners

OPPOSITION: (Verified 8/20/20)

None received

ARGUMENTS IN SUPPORT: The City of Sacramento, co-sponsor of this bill, states that it will help the city better address the effects of homelessness by tailoring different regulations to the construction of temporary shelters for the homeless.

ASSEMBLY FLOOR: 78-0, 6/10/20

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Megan Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Quirk

Prepared by: Erin Riches / HOUSING / (916) 651-4124

8/25/20 16:14:39

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 2553 (Ting) - Shelter crisis declarations

Bill Summary:

AB 2553 would expand the emergency shelter pilot program to all cities and counties statewide, as specified, and extend the sunset on the program to January 1, 2026.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 20, 2020

Fiscal Impact:

• The Department of Housing and Community Development (HCD) estimates costs in the range of $505,000 to $708,000 for the first year, and ongoing costs of $477,000 to $668,000 annually until 2026 for 2.5 to 3.5 PY in staff time to provide technical assistance to participating cities and counties, review and approve local ordinances, and report findings to the Legislature. Actual costs would depend upon how many local jurisdictions declare a shelter crisis and submit a local ordinance for HCD review and approval, and the timing of those submittals. See Staff Comments. (General Fund)

Author Amendments:

• Specify that the reasonable standards established by a local ordinance must at least meet specified standards in the 2019 Building Code and any future standards adopted by HCD related to emergency housing or emergency housing facilities. If the local standards do not meet those requirements, the local agency must adopt a finding stating why the standards cannot be met and how the standards in the ordinance protect health and safety.
• Add an urgency clause.

-- END --

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 2553 (Ting) - Shelter crisis declarations

Bill Summary:

AB 2553 would expand the emergency shelter pilot program to all cities and counties statewide, as specified, and extend the sunset on the program to January 1, 2026.

Fiscal Impact:

• The Department of Housing and Community Development (HCD) estimates costs in the range of $505,000 to $708,000 for the first year, and ongoing costs of $477,000 to $668,000 annually until 2026 for 2.5 to 3.5 PY in staff time to provide technical assistance to participating cities and counties, review and approve local ordinances, and report findings to the Legislature. Actual costs would depend upon how many local jurisdictions declare a shelter crisis and submit a local ordinance for HCD review and approval, and the timing of those submittals. See Staff Comments. (General Fund)

Background:

Existing law authorizes public agencies to declare a shelter crisis after making a finding that a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. Existing law authorizes a public agency, upon a declaration of a shelter crisis, to allow homeless persons to occupy designated public facilities, such as schools, parks, and vacant or underutilized publicly-owned or operated facilities. In a declared shelter crisis, all state or local standards of housing, health, or safety are suspended, to the extent they prevent, hinder, or delay mitigation of the effects of the crisis, and public agencies may enact municipal health and safety standards to be operative during a housing emergency.

Existing law authorizes specified cities and counties, upon the declaration of a shelter crisis, to adopt a local ordinance with reasonable local standards and procedures for design, site development, and operation of homeless shelters, in lieu of compliance with specified state and local laws and requirements, to the extent that compliance with state and local requirements would prevent, hinder or delay the mitigation of the effects of the shelter crisis. HCD must review and approve local draft ordinances to ensure adherence to minimal health and safety standards, and provide findings to the Legislature within 30 days of receiving a draft ordinance. Existing law requires a local entity that declares a shelter crisis to develop a plan by July 1, 2019 or July 1, 2020, as applicable, to address the crisis, and to annually report specified information to the Legislature regarding the actions taken to address the crisis. These provisions apply to: the Cities of Berkeley, Emeryville, Los Angeles, Oakland, San Diego, and San Jose; all cities in the Counties of Alameda and Orange; and the Counties of Alameda, Orange, and Santa Clara, as well the City and County of San Francisco. The authority provided under these provisions will sunset on January 1, 2023.

Proposed Law:

AB 2553 would expand the emergency shelter pilot program. Specifically, this bill would:

• Authorize any city or county, rather than specified local jurisdictions, to declare a shelter crisis and suspend specified state and local laws and requirements to facilitate the mitigation of a shelter crisis, as specified.
• Require newly eligible cities and counties that declare a shelter crisis on or before January 1, 2021, to develop a plan to address the crisis by July 1, 2021. Those who declare a shelter crisis after January 1, 2021 must develop the plan by July 1 of the year following the declaration.
• Require all cities and counties that declare a shelter crisis pursuant to this bill to report specified information to the Legislature by January 1 of each year.
• Require annual reports submitted to the Legislature as of January 1, 2022 to include bed capacity of new homeless shelters built pursuant to the declaration. Bed capacity must not include the parking capacity of a homeless shelter on a parking lot owned or leased by a city or county and specifically identified as allowing safe parking by homeless and unstably housed individuals.
• Expand the definition of “homeless shelter” to include a parking lot owned or leased by a city or county and specifically identified as allowed for safe parking by homeless and unstably housed individuals.
• Exempt homeless shelters constructed pursuant to a shelter crisis declaration from the Recreational Vehicle Park Occupancy Law, as specified.
• Specify that any ordinance adopted pursuant to a shelter crisis declaration would apply to land owned or leased by an agency or entity created by a joint powers agreement if the local jurisdiction declaring a shelter crisis is party to the agreement and the property is owned by that jurisdiction.
• Extends the repeal date of these provisions from January 1, 2023 to January 1, 2026.

Related Legislation:

AB 932 (Ting), Chap. 786/2017, authorized seven specified local entities, until January 1, 2021, to adopt a local ordinance specifying standards for the design, site development, and operation of homeless shelters in lieu of compliance with specified state and local laws and requirements, upon a declaration of a shelter crisis.

AB 143 (Quirk-Silva), Chap. 336/2019, expanded the program established by AB 932 to authorize the City of San Jose, the Counties of Alameda and Orange, and all the cities within those counties to adopt a specified ordinance upon a declaration of a shelter crisis, and extended the sunset on that authority until January 1, 2023.

Staff Comments:

This bill would significantly expand the number of local entities (from 56 to 539 jurisdictions) that are authorized, upon the declaration of a shelter crisis, to develop a local ordinance that specifies local standards related to homeless shelters in lieu of compliance with certain state and local laws and requirements. HCD indicates that it would require between 2.5 and 3.5 PY of staff time annually until 2026, at a cost of approximately $475,000 to $670,000 each year, to review and approve draft ordinances that demonstrate minimum health and safety standards, including technical assistance provided during the ordinance development stage, and report findings to the Legislature within 30 days of receiving each draft ordinance. HCD’s estimate is based on the assumption that one-third to one-half of eligible cities and counties would submit draft emergency shelter ordinances for review, considering the dramatic impacts of the COVID-19 pandemic and resulting loss of jobs and housing. The actual amount of staff time necessary for these activities in a given year would depend upon how many cities and counties opt to declare a shelter emergency and develop a draft ordinance, the timing of each jurisdiction submitting an ordinance for review, and the level of advance coordination that takes place between HCD staff and each local entity.

Staff notes that HCD has developed model building standards for emergency shelters that are available for voluntary adoption by local entities that declare a shelter crisis. HCD staff time to review ordinances could be streamlined to the extent eligible local jurisdictions adopt an ordinance based upon the model standards.

-- END --

SENATE COMMITTEE ON HOUSING

Senator Scott Wiener, Chair

2019 - 2020 Regular

Bill No: AB 2553 Hearing Date: 8/6/2020

SUBJECT: Shelter crisis declarations

DIGEST: This bill expands the Shelter Crisis Act to all cities and counties in California and extends the sunset to 2026.

ANALYSIS:

Existing law:

1. Authorizes a governing body to declare a shelter crisis. “Declaration of a shelter crisis” is defined as 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.
2. Authorizes emergency housing, until January 1, 2023, to include homeless shelters upon the declaration of a shelter crisis by:
   1. The cities of Berkeley, Emeryville, Los Angeles, Oakland, San Diego, San Jose;
   2. Any city within Alameda or Orange County;
   3. The Counties of Alameda, Orange, and Santa Clara County;
   4. The City and County of San Francisco.
3. Authorizes the cities and counties in 2) above to suspend housing, health, habitability, planning and zoning, or safety standards and procedures during the shelter crisis and allows them to adopt, by ordinance reviewed by the Department of Housing and Community Development (HCD), local standards and procedures for the design, site development, and operation of homeless shelters and structures if it is determined that strict compliance with state and local standards and laws would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
4. Authorizes the cities and counties in 2) above, to suspend landlord tenant laws for homeless shelters provided that the city or county adopts health and safety standards for shelters and those standards are complied with.
5. Requires the cities and counties in 2) above to develop a plan to address the shelter crisis by July 1, 2019, make it publicly available, and to annually report specified information to the Legislature by January 1, 2019, until January 1, 2023. Provides that Alameda County or a city within that county, Orange County or a city within that county, and the City of San Jose shall develop a plan by July 1, 2020 and provide an annual report to the Legislature on or before January 1 of the year following the shelter crisis declaration.
6. Requires the report to the Legislature to include the following information:
   1. Total number of individuals in homeless shelters within the city or county.
   2. Total number of individuals who have moved from a homeless shelter into permanent supportive housing within the city or county.
   3. The estimated number of permanent supportive housing units.
   4. The number of individuals who have exited the system and are no longer in need of a homeless shelter of permanent supportive housing in the city or county.
   5. New actions the city or county is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness.

This bill:

1. Expands the Shelter Crisis Act to all cities and counties in the state.
2. Requires any city or county not already covered by the Shelter Crisis Act, who declares a shelter crisis on or before January 1, 2021, to develop a plan to address the shelter crisis by July 1, 2021. Requires any city or county not already covered by the Shelter Crisis Act, who declares a shelter crisis after January 1, 2021, to develop the plan by July 1 of the year following the declaration.
3. Requires all cities or counties that have declared a shelter crisis pursuant to this bill to report specified information to the Legislature by January 1 of each year.
4. Requires the annual report, beginning January 1, 2022, to include bed capacity of new homeless shelters built pursuant to the declaration. Provides that bed capacity shall not include the parking capacity of a homeless shelter on a parking lot owned or leased by a city or county and specifically identified as allowing safe parking by homeless and unstably housed individuals.
5. Provides that the Shelter Crisis Act, and any ordinance adopted by a city or county pursuant to the Shelter Crisis Act, shall apply to land owned or leased by an agency or entity created by a joint powers agreement if the city or county that declared the shelter emergency is one of the parties to the agreement and the property is located in its jurisdiction.
6. Expands the definition of “homeless shelter” under the Shelter Crisis Act to include a parking lot owned or leased by a city or county and specifically identified as allowed for safe parking by homeless and unstably housed individuals.
7. Extends the Shelter Crisis Act from January 1, 2023 to January 1, 2026.

COMMENTS

1. Author’s statement. “California is facing a devastating homelessness crisis exacerbated by a lack of shelter housing. With siting, planning, and building shelters taking years, business as usual is failing. This bill expands a 2017 pilot program allowing cities and counties to fight homelessness with regulatory flexibility to expedite the construction of shelters that can link people in need with services to achieve self-sufficiency.”
2. Shelter Crisis Act background. The Shelter Crisis Act authorizes certain local jurisdictions that have declared a shelter crisis to allow homeless individuals to occupy public facilities designated as emergency housing, for the duration of the crisis. (Emergency housing is typically provided as shelter beds allowing for an overnight stay in places such as gyms.) The Shelter Crisis Act also provides limited liability and suspends local housing, health, and safety standards for public facilities to the extent that full compliance would hamper mitigation of the effects of the shelter crisis. A locality may adopt, by ordinance, reasonable local standards for design, site development, and operation of shelters; such ordinances must be reviewed by HCD to ensure they meet minimum health and safety standards.

The Shelter Crisis Act initially included Berkeley, Emeryville, Los Angeles, Oakland, San Diego, Santa Clara County, and the City and County of San Francisco, and was set to expire in 2021. It was expanded last year to include Alameda and Orange Counties, the cities within those counties, and the City of San Jose, so that now roughly half the state’s homeless population is covered by the Act. Last year’s legislation also extended the sunset to 2023. This bill would expand the Shelter Crisis Act to the rest of the state and extend the sunset again, to 2026.

1. Homelessness in California. According to the US Department of Housing and Urban Developments (HUD) 2019 Annual Homeless Assessment Report to Congress, in January 2019 California had 27% of the nation’s homeless population (about 151,278 individuals). California also contains 53% of the nation’s unsheltered homeless population (108,432), including people living in vehicles, abandoned buildings, parks, or on the street. Los Angeles contains the highest number of homeless people in the state, at 56,257, where 76% of those are unsheltered. People experiencing homelessness face a variety of challenges including food and income insecurity, as well as health problems; the homeless population faces a higher risk of exposure to communicable diseases such as COVID-19, influenza, strep throat, sexually transmitted diseases, Hepatitis C, HIV/AIDS, and tuberculosis, among others.
2. Adding safe parking sites. Some localities are establishing safe parking programs, which designate areas where individuals living in their cars can remain safely overnight. The goal of safe parking programs is to provide a temporary living situation until individuals regain permanent housing. Safe parking programs are often operated out of lots owned by public entities or non-profit organizations, and typically have security or onsite staff, bathroom facilities, water, and trash services. They can be coupled with other case management services intended to help individuals find permanent housing. Safe parking programs generally require a valid driver’s license, vehicle registration, and insurance to participate. Most programs also conduct background checks to screen out sex offenders and violent felons. California is host to a number of safe parking programs, many of which are operated by non-governmental entities including faith-based groups, and others that are operated by a local government.

In recognition of safe parking programs as a tool to address homelessness, this bill expands the definition of “homeless shelter” under the Shelter Crisis Act to include a parking lot owned or leased by a city or county and specifically identified as a safe parking site for individuals experiencing homelessness. It also adds the RV Park Occupancy Law to the exemptions from the Act.

1. Double referral. Due to the COVID-19 Pandemic and the unprecedented nature of the 2020 Legislative Session, all Senate Policy Committee are working under a compressed timeline. This timeline does not allow this bill to be referred and heard by more than one committee as a typical timeline would allow. In order to fully vet the contents of this measure for the benefit of Senators and the public, this analysis includes information from the Senate Environmental Quality Committee. According to that committee:

“Public participation and transparency in a local government’s decision to approve a project is a cornerstone of CEQA; the act does not care what decision is made as long as it is an informed one. During a declared shelter crisis, CEQA does not apply to actions taken by a state or local agency to lease, convey, or encumber land owned by a local agency, or to facilitate the lease, conveyance, or encumbrance of land owned by the local government for a homeless shelter. Removing the environmental review, however, means certain considerations may not take place – such as if there would be a substantial change to a historical or archaeological resource or proximity or interference with an adopted emergency response plan or evacuation plan. Although a local jurisdiction chooses to avail themselves to these declared shelter crisis provisions in the interest of expediting homeless shelters, should they be allowed to willfully unaware to the potential consequences of their decisions? Arguably, the underlying rationale of this bill is that, in the face of a crisis, immediate solutions are needed; not necessarily ideal ones. Under this bill, local governments, when contemplating whether to declare a shelter crisis, will have to weigh the consequences of not being fully informed of a decision against the need to get homeless people off of the streets.”

Related Legislation:

AB 2586 (Berman, 2020) — expands the definition of “homeless shelter” under the Shelter Crisis Act to include safe parking programs. This bill was dropped by the author and incorporated into AB 2553.

AB 2960 (Gipson, 2020) — authorizes a city or county to allow operation of a shelter constructed under the Shelter Crisis Act that does not comply with state and local building standards for fire and life safety, provided it has adopted standards that have been approved by the State Fire Marshal. This bill is pending in the Senate Housing Committee.

AB 891 (Burke, 2019) — would have required each city and county with a population greater than 330,000 to establish a safe parking program by January 1, 2022. This bill was vetoed by Governor Newsom.

AB 143 (Quirk-Silva, Chapter 336, Statutes of 2019) — authorized Alameda County, any city within Alameda County, Orange County, any city within Orange County, and the City of San Jose, to include homeless shelters as emergency housing upon declaration of a shelter crisis, until January 1, 2023.

AB 932 (Ting, Chapter 786, Statutes of 2017) — authorized emergency housing, upon the declaration of a shelter crisis by the City of Berkeley, Emeryville, Los Angeles, Oakland, or San Diego, the County of Santa Clara, or the City and County of San Francisco, to include homeless shelters, until January 1, 2021.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

POSITIONS: (Communicated to the committee before noon on Friday,

July 24, 2020.)

SUPPORT:

City of Sacramento (Co-Sponsor)
San Francisco Bay Area Planning and Urban Research Association (SPUR) (Co-Sponsor)
California YIMBY
Chan Zuckerberg Initiative
City of Redwood City
Facebook
Habitat for Humanity California
Non-profit Housing Association of Northern California
Silicon Valley at Home
Silicon Valley Community Foundation

OPPOSITION:

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2553

Author:(Ting and Berman)

As Amended Ver:May 22, 2020

Majority vote

SUMMARY:

Expands the authority that is limited to specified cities and counties to develop emergency housing, upon the declaration of a shelter crisis in a city, county, or city and county. Extends these provisions until January 1, 2026.

Major Provisions

1. Allows all cities and counties, rather than a limited number, to declare a shelter crisis pursuant to the provisions of Government Code Section 8698.4.
2. Requires, on or before July 1, 2021, any newly authorized jurisdiction to develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing, as well as onsite supportive services, and a plan to transition residents from homeless shelters to permanent housing. Provides that the locality shall make the plan publicly available.
3. Adds "bed capacity" to the list of required information that a jurisdiction that has declared a shelter crisis must report to specified legislative committees on January 1 of each year.
4. Expands the definition of a "homeless shelter" to include a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless individuals.
5. Makes technical changes to clarify the dates for required initial shelter plans and annual reports for jurisdictions already permitted to use the provisions of Government Code Section 8698.4.
6. Extends from January 1, 2023 to January 1, 2026 the sunset date on the statute governing the authority granted to local governments to declare a shelter crisis and suspend any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws for homeless shelters, provided that the locality has adopted health and safety standards and procedures for homeless shelters consistent with ensuring minimal public health and safety and those standards are complied with.

COMMENTS:

Homelessness in CA: California is facing a homelessness and affordable housing crisis. As of January 2019, there were an estimated 151,278 people experiencing homelessness in the state on a given day – a 16.4% increase from the prior year. California has 27% of the people in the nation experiencing homelessness and over half of all unsheltered people nationally. The homeless crisis is driven by the lack of affordable rental housing for lower income people combined with decades of stagnating or declining incomes for low-wage workers and reduced social safety net programs.

In the current market, 2.2 million extremely low-income and very low-income renter households are competing for 664,000 affordable rental units. Of the six million renter households in the state, 1.7 million are paying more than 50% of their income toward rent. This number is likely to increase in the wake of the current COVID-19 crisis which has already resulted in millions of Californians facing job losses and reduced hours and wages. Before the impacts of COVID-19, the National Low Income Housing Coalition estimated that the state needed an additional 1.5 million housing units affordable to very-low income Californians.

Emergency Shelter Crisis: In 2017, AB 932, Chapter 786, Statutes of 2017 created an option for the City of Berkeley, Emeryville, Los Angeles, Oakland, or San Diego, the County of Santa Clara, or the City and County of San Francisco to declare a shelter crisis and construct emergency housing, including emergency shelters on land owned or leased by a city, county, or city and county. If a city or county determines that local building approval procedures or state housing, health, habitability, planning, zoning, safety standards, procedures or laws would hinder, prevent or delay mitigating the emergency housing crises, the city or county can adopt an ordinance with reasonable standards for the design, development, and operation on emergency shelters.

The city or county is required to submit the ordinance to HCD for review and approval. During the shelter crisis, any housing, health, habitability, planning, and zoning or safety standards or laws are suspended for homeless shelters provided the city or county has adopted health and safety standards consistent with minimal standards. After the passage of AB 932, HCD developed building standards for emergency shelters that local government can adopt voluntarily. In 2019, AB 143, Chapter 336, Statutes of 2019 extended the sunset date to 2023 and broadened the eligible jurisdictions to also include the County of Alameda, the County of Orange, any city located within the County of Alameda, any city located within the County of Orange, and the City of San Jose.

Since this legislation has been enacted the City and County of San Francisco, the City of Berkeley, the City of Los Angeles, the County of Santa Clara, and other jurisdictions have declared shelter crises. Cities and counties that declare a shelter crisis are required to report back to the Assembly Committee on Housing and Community Development and the Senate Housing Committee, beginning January 1 of the year following the declaration of the crisis. Reports are required on January 1 of every subsequent year and must include data on the number of people experiencing homelessness, the total number of people that were moved from a homeless shelter into permanent supportive housing, the number of people who exited the shelter system and no longer need shelter or permanent supportive housing, and the actions the city or county has taken to reduce the number of people experiencing homelessness. Since declaring a shelter crisis, the City of Los Angeles reported $75 million in new resources to address homelessness with the goal of creating 750 to 1500 new crisis and emergency beds. In addition, the city council requested assessment of 22 new sites to determine the feasibility of establishing new shelters – 109 new beds opened with an additional 170 beds under construction.

AB 2553 extends the shelter crisis authority to all local governments in the state and pushes back the sunset date of the code section from January 1, 2023 to January 1, 2026. Additionally, while existing law requires that jurisdictions that have declared a shelter crisis report back to the Legislature by January 1 of each year on various issues include the number of new homeless shelters built under this code section, this bill also adds in "bed capacity" to the reporting requirement.

By applying the shelter crisis authority to all cities and counties in the state, this bill helps ensure that all local governments have the same tools at their disposal and, if this bill is successful, it would prevent the Legislature from continually adding in eligible jurisdictions in a piecemeal fashion.

According to the Author:

"California is facing a devastating homelessness crisis exacerbated by a lack of shelter housing. With siting, planning, and building shelters taking years, business as usual is failing. This bill expands a 2017 pilot program allowing cities and counties to fight homelessness with regulatory flexibility to expedite the construction of shelters that can link people in need with services to achieve self-sufficiency."

Arguments in Support:

Writing in support of the bill, the City of Sacramento notes, "upon a declaration of a shelter crisis by a specified city, county, or city and county, existing law, among other things, 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. AB 2553 would expand current law to make the shelter crisis provisions, and any associated requirements, applicable to any city, county, or city and county in California."

Arguments in Opposition:

None

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, estimated annual costs in the range of $500,000 to $700,000 (General Fund (GF)) in the first year and in the range of $475,000 and $670,000 (GF) for the second year and ongoing, to the Department of Housing and Community Development (HCD) to review local ordinances, consult with local agencies and prepare findings and approval letters. This estimate assumes one-third to one-half of nearly 540 eligible jurisdictions will submit draft ordinances, and is influenced by the likelihood that a significant number of jurisdictions will participate as a result of the COVID-19 pandemic and resulting losses of jobs and housing

VOTES:

ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-0-0

YES: Chiu, Diep, Gabriel, Gloria, Kiley, Limón, Maienschein, Quirk-Silva

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bauer-Kahan, Bloom, Bonta, Calderon, Carrillo, Chau, Megan Dahle, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Petrie-Norris, McCarty, Robert Rivas, Voepel

UPDATED:

VERSION: May 22, 2020

CONSULTANT: Sandra Nakagawa / H. & C.D. / (916) 319-2085 FN: 0002932

Date of Hearing: June 2, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2553

Author:(Ting) – As Amended Ver:May 22, 2020

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

SUMMARY:

This bill expands the emergency shelter pilot program statewide and extends the sunset date from January 1, 2023 to January 1, 2026. Specifically, this bill:

1. Allows every city and county, rather than a limited number, the authority to declare a shelter crisis and adopt a local ordinance specifying standards for the design, site development and operation of homeless shelters in lieu of compliance with specified state and local laws and requirements.
2. Requires, on or before July 1, 2021, any newly authorized jurisdiction to develop a plan to address the shelter crisis, and to annually report to specified committees of the Legislature by January 1, 2022.
3. Revises the definition of “homeless shelter,” for purposes of this program, to include a parking lot owned or leased by a city or county and specifically identified as one allowed for safe parking by homeless individuals.
4. Exempts homeless shelters constructed or allowed under a shelter crisis declaration from the Recreational Vehicle Park Occupancy Law.
5. Adds “bed capacity” to the list of required information a jurisdiction that has declared a shelter crisis must report to specified legislative committees on January 1 of each year.
6. Extends the sunset date from January 1, 2023, to January 1, 2026.

FISCAL EFFECT:

Estimated annual costs in the range of $500,000 to $700,000 (GF) in the first year and in the range of $475,000 and $670,000 (GF) for the second year and ongoing, to the Department of Housing and Community Development (HCD) to review local ordinances, consult with local agencies and prepare findings and approval letters. This estimate assumes one-third to one-half of nearly 540 eligible jurisdictions will submit draft ordinances, and is influenced by the likelihood that a significant number of jurisdictions will participate as a result of the COVID-19 pandemic and resulting losses of jobs and housing.

COMMENTS:

1. Purpose. This bill seeks to help cities and counties address homelessness by expanding a 2017 pilot program to all cities and counties to expedite the construction of shelters.
2. Background. In 2017, AB 932 authorized the cities of Berkeley, Emeryville, Los Angeles, Oakland and San Diego, the County of Santa Clara, and the City and County of San Francisco to each declare a shelter crisis and construct emergency housing, including emergency shelters on land owned or leased by a city, county or city and county.

As part of that authority, if a city or county determines local building approval procedures or state standards, procedures or laws will hinder, prevent or delay mitigating the emergency housing crises, the city or county may adopt an ordinance with reasonable standards for the design, development and operation on emergency shelters. The city or county is required to submit the ordinance to HCD for review and approval. More recently, HCD developed building standards for emergency shelters that local governments may adopt voluntarily.

This bill extends the shelter crisis authority to every city and county in the state and extends the sunset date from January 1, 2023, to January 1, 2026.

1. Related Legislation. AB 2960 (Chiu), of this legislative session, authorizes a city or county to allow an emergency housing facility to operate year round without complying with local fire and life safety standards if they submit reasonable standards to the State Fire Marshal.
2. Prior Legislation.

AB 143 (Quirk-Silva), Chapter 336, Statutes of 2019, extends the sunset date on the shelter crisis authority to January 1, 2023 and broadens the eligible jurisdictions to include the counties of Alameda and Orange, any city located within those counties, and the City of San Jose.

AB 932 (Ting), Chapter 786, Statutes of 2017, authorized any of seven specified local entities, until January 1, 2021, to adopt a local ordinance specifying standards for the design, site development and operation of homeless shelters in lieu of compliance with specified state and local laws and requirements, upon a declaration of a shelter crisis.

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

Date of Hearing: May 20, 2020

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

David Chiu, Chair

ABPCA Bill Id:AB 2553 (

Author:Ting) – As Amended Ver:May 12, 2020

SUBJECT: Shelter crisis declarations

SUMMARY: Expands the authority that is limited to specified cities and counties to develop emergency housing, upon the declaration of a shelter crisis in a city, county, or city and county. Extends these provisions until January 1, 2026. Specifically, this bill:

1. Allows all cities and counties, rather than a limited number, to declare a shelter crisis pursuant to the provisions of Government Code Section 8698.4.
2. Requires, on or before July 1, 2021, any newly authorized jurisdiction to develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing, as well as onsite supportive services, and a plan to transition residents from homeless shelters to permanent housing. Provides that the locality shall make the plan publicly available.
3. Adds “bed capacity” to the list of required information that a jurisdiction that has declared a shelter crisis must report to specified legislative committees on January 1 of each year.
4. Makes technical changes to clarify the dates for required initial shelter plans and annual reports for jurisdictions already permitted to use the provisions of Government Code Section 8698.4.
5. Extends from January 1, 2023 to January 1, 2026 the sunset date on the statute governing the authority granted to local governments to declare a shelter crisis and suspend any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws for homeless shelters, provided that the locality has adopted health and safety standards and procedures for homeless shelters consistent with ensuring minimal public health and safety and those standards are complied with.

EXISTING LAW:

1. Provides that upon a declaration of a shelter crisis by an eligible jurisdiction, the following shall apply:
   1. Emergency housing may include homeless shelters for people experiencing homelessness located or constructed on any land owned or leased by the locality, including land acquired with low- and moderate-income housing funds. (Government Code Section 8698.4(a)(1))
   2. The locality, in lieu of compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws, may adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters 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.
   3. Requires the Department of Housing and Community Development (HCD) to review and approve the draft ordinance to ensure it addresses minimum health and safety standards. These findings shall be provided to the Senate Housing Committee and the Assembly Housing and Community Development Committee within 90 days of receiving the draft ordinance. (Government Code Section 8698.4(a)(2)(A)(i))
   4. Suspends, during the shelter crisis, any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws for homeless shelters, provided that the locality has adopted health and safety standards and procedures for homeless shelters consistent with ensuring minimal public health and safety and those standards are complied with.
   5. Specifies that during the shelter crisis, the local and state law requirements that homeless shelters be consistent with the local land use plans, including the general plan, shall be suspended. (Government Code Section 8698.4(a)(2)(A)(ii))
2. Suspends landlord tenant laws providing a cause of action for habitability or tenantability, provided that the locality has adopted health and safety standards for homeless shelters and those standards are complied with. (Government Code Section 8698.4(a)(2)(A)(i))
3. Exempts homeless shelters constructed or allowed under this chapter from the Special Occupancy Parks Act, the Mobilehome Parks Act, and the Mobilehome Residency Law. (Government Code Section 8698.4(a)(3))
4. Provides that the California Environmental Quality Act shall not apply to actions taken by a state agency or a city, county, or city and county, to lease, convey, or encumber land owned by a city, county, or city and county, or to facilitate the lease, conveyance, or encumbrance of land owned by the local government for, or to provide financial assistance to, a specified homeless shelter. (Government Code Section 8698.4(a)(4))
5. Requires a locality, on or before January 1 of the year following their authorization, if a shelter crisis has been declared, to report all of the following data to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development:
   1. The total number of residents in homeless shelters within the locality;
   2. The total number of residents who have moved from a homeless shelter into permanent supportive housing within the locality;
   3. The estimated number of permanent supportive housing units;
   4. The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing within the locality;
   5. The number of new homeless shelters built pursuant to this section within the locality; and,
   6. New actions the locality is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness. (Government Code Section 8698.4(a)(6) et seq.)
6. Provides that this section applies only to a public facility or homeless shelters reserved entirely for the homeless. (Government Code Section 8698.4(a)(1))
7. Requires, on or before July 1, in the year following a jurisdiction’s authorization, the locality to develop a plan to address the shelter crisis, including, but not limited to, the development of homeless shelters and permanent supportive housing, as well as onsite supportive services. The locality shall make the plan publicly available. (Government Code Section 8698.4(a)(5)(A) and (B))
8. Defines "homeless shelter" as a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared shelter crisis. A temporary homeless shelter community may include supportive and self-sufficiency development services. (Government Code Section 8698.4(b)(1))
9. Defines "permanent supportive housing" as housing for people who are homeless, with no limit on length of stay, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (Government Code Section 8698.4(b)(2))
10. Establishes that the jurisdictions eligible for using the shelter crisis authority are: the cities of Berkeley, Emeryville, Los Angeles, Oakland, San Diego, and San Jose; any city located within the counties of Alameda or Orange; the counties of Alameda, Orange, and Santa Clara; and the City and County of San Francisco. (Government Code Section 8698.4(c))

FISCAL EFFECT: Unknown

COMMENTS:

Author’s Statement: According to the author, “California is facing a devastating homelessness crisis exacerbated by a lack of shelter housing. With siting, planning, and building shelters taking years, business as usual is failing. This bill expands a 2017 pilot program allowing cities and counties to fight homelessness with regulatory flexibility to expedite the construction of shelters that can link people in need with services to achieve self-sufficiency.”

Homelessness in CA: California is facing a homelessness and affordable housing crisis. As of January 2019, there were an estimated 151,278 people experiencing homelessness in the state on a given day – a 16.4% increase from the prior year. California has 27 percent of the people in the nation experiencing homelessness and over half of all unsheltered people nationally. The homeless crisis is driven by the lack of affordable rental housing for lower income people combined with decades of stagnating or declining incomes for low-wage workers and reduced social safety net programs.

In the current market, 2.2 million extremely low-income and very low-income renter households are competing for 664,000 affordable rental units. Of the six million renter households in the state, 1.7 million are paying more than 50 percent of their income toward rent. This number is likely to increase in the wake of the current COVID-19 crisis which has already resulted in millions of Californians facing job losses and reduced hours and wages. Before the impacts of COVID-19, the National Low Income Housing Coalition estimated that the state needed an additional 1.5 million housing units affordable to very-low income Californians.

Emergency Shelter Crisis: In 2017, AB 932, Chapter 786, Statutes of 2017 created an option for the City of Berkeley, Emeryville, Los Angeles, Oakland, or San Diego, the County of Santa Clara, or the City and County of San Francisco to declare a shelter crisis and construct emergency housing, including emergency shelters on land owned or leased by a city, county, or city and county. If a city or county determines that local building approval procedures or state housing, health, habitability, planning, zoning, safety standards, procedures or laws would hinder, prevent or delay mitigating the emergency housing crises, the city or county can adopt an ordinance with reasonable standards for the design, development, and operation on emergency shelters.

The city or county is required to submit the ordinance to HCD for review and approval. During the shelter crisis, any housing, health, habitability, planning, and zoning or safety standards or laws are suspended for homeless shelters provided the city or county has adopted health and safety standards consistent with minimal standards. After the passage of AB 932, HCD developed building standards for emergency shelters that local government can adopt voluntarily. In 2019, AB 143, Chapter 336, Statutes of 2019 extended the sunset date to 2023 and broadened the eligible jurisdictions to also include the County of Alameda, the County of Orange, any city located within the County of Alameda, any city located within the County of Orange, and the City of San Jose.

Since this legislation has been enacted the City and County of San Francisco, the City of Berkeley, the City of Los Angeles, the County of Santa Clara, and other jurisdictions have declared shelter crises. Cities and counties that declare a shelter crisis are required to report back to the Assembly Committee on Housing and Community Development and the Senate Housing Committee, beginning January 1 of the year following the declaration of the crisis. Reports are required on January 1 of every subsequent year and must include data on the number of people experiencing homelessness, the total number of people that were moved from a homeless shelter into permanent supportive housing, the number of people who exited the shelter system and no longer need shelter or permanent supportive housing, and the actions the city or county has taken to reduce the number of people experiencing homelessness. Since declaring a shelter crisis, the City of Los Angeles reported $75 million in new resources to address homelessness with the goal of creating 750 to 1500 new crisis and emergency beds. In addition, the city council requested assessment of 22 new sites to determine the feasibility of establishing new shelters – 109 new beds opened with an additional 170 beds under construction.

AB 2553 extends the shelter crisis authority to all local governments in the state and pushes back the sunset date of the code section from January 1, 2023 to January 1, 2026. Additionally, while existing law requires that jurisdictions that have declared a shelter crisis report back to the Legislature by January 1 of each year on various issues include the number of new homeless shelters built under this code section, this bill also adds in “bed capacity” to the reporting requirement.

By applying the shelter crisis authority to all cities and counties in the state, this bill helps ensure that all local governments have the same tools at their disposal and, if this bill is successful, it would prevent the Legislature from continually adding in eligible jurisdictions in a piecemeal fashion.

Committee Amendments: The committee may wish to amend the bill to allow local governments with safe parking programs for recreational vehicles to be exempt from the Recreational Vehicle Park Occupancy Law (commencing with Section 299.20 of the Civil Code). Existing law currently provides that jurisdictions using the shelter crisis authority under this section are not subject to a number of laws regarding mobilehomes and special occupancy parks. However, an additional exemption is needed in Government Code 8698.4 to ensure that local governments providing shelter are not subject to the RV Park Occupancy Law which entitles persons living in an RV park to protections and rights. Additionally, in order ensure that individuals experiencing homelessness do not lose their vehicle, the committee should consider adding a provision concerning the disposition of any vehicle or its contents.

The committee may also wish to consider expanding the definition of “homeless shelter” to cover locations designated as safe parking lots. Finally, an amendment is proposed to add Assemblymember Berman as a join author on AB 2553.

• Government Code Section 8698.4(a)(3) Homeless shelters 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), or the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 299.20) of Title 2 of Part 2 of Division 2 of the Civil Code), except that disposition of any vehicle or its contents abandoned by its owner shall be performed pursuant to Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.
• Government Code Section 8698.4(b)(1) “Homeless shelter” means a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared shelter crisis. A temporary homeless shelter community may include supportive and self-sufficiency development services. A parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless individuals may also be considered a homeless shelter for purposes of this section.
• Add Assemblymember Berman as a Joint Author on the bill

Previous Legislation

AB 932, Ting, Chapter 786, Statutes of 2017. Authorized emergency housing, upon the declaration of a shelter crisis by the City of Berkeley, Emeryville, Los Angeles, Oakland, or San Diego, the County of Santa Clara, or the City and County of San Francisco, to include homeless shelters until January 1, 2021.

AB 143, Quirk-Silva, Chapter 336, Statutes of 2019. Authorized emergency housing to include emergency shelter, upon the declaration of a shelter crisis by cities in the County of Orange, the City of San Jose, and the Counties of Orange and Alameda and extended the provisions until January 1, 2023.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Sacramento (Co-Sponsor)

San Francisco Bay Area Planning and Urban Research Association (Co-Sponsor)

All Home

California Community Builders

California YIMBY

Casita Coalition

Facebook
Habitat for Humanity California

Larkin street Youth Services

Non-Profit Housing Association of Northern California

San Francisco Foundation

SV@HOME

TMG Partners

Working Partnerships USA

Opposition

None on file

Analysis Prepared by: Sandra Nakagawa / H. & C.D. / (916) 319-2085