AB 2211

Bill Subjects

Abstract

Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances, including those prescribing standards of housing, health, or safety to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Existing law, upon a declaration of a shelter crisis by a city, county, or city and county, specifies additional provisions applicable to a shelter crisis declared by one of those jurisdictions, including developing a plan to address the shelter crisis. Existing law allows a city, county, or city and county, in lieu of compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws, to adopt an ordinance setting reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein. Existing law requires the ordinance to, at a minimum, meet the standards provided in the 2019 California Residential Code Appendix X, the 2019 California Building Code Appendix O, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities unless the jurisdiction adopts findings that state why those standards cannot be met and how the ordinance protects health and safety. Existing law provides that, during the shelter crisis, provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws shall be suspended for homeless shelters, provided that the city adopts health and safety standards and procedures for homeless shelters consistent with ensuring minimal public health and safety and provided that homeless shelters comply with these standards. Existing law, among other things, exempts from the California Environmental Quality Act specified actions by a state agency or a city, county, or city and county relating to land owned by a local government to be used for, or to provide financial assistance to, a homeless shelter constructed pursuant to these provisions, and provides that homeless shelters constructed or allowed pursuant to these shelter crisis declarations are not subject to specified laws, including the Special Occupancy Parks Act. Existing law defines a "homeless shelter" as a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for people experiencing homelessness that is not in existence after the declared shelter crisis. Existing law provides that a temporary homeless shelter community may include supportive and self-sufficiency development services and that a homeless shelter includes a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals. Existing law repeals these provisions as of January 1, 2026. This bill would extend the repeal date of these provisions to January 1, 2030. The bill would provide that a city, county, or city and county is in a shelter crisis if the number of unsheltered homeless persons that comprises the total homeless population within the jurisdiction of the city, county, or city and county is greater, as a percentage, than the combined average of the 49 states in the United States not including California, as determined by the Department of Housing and Community Development, as specified. This bill would apply the provisions applicable to a city, county, or city and county that has declared a shelter crisis to those jurisdictions in the above circumstance. This bill would require the department to publish a list of jurisdictions that are in a shelter crisis pursuant to this provision on its internet website. This bill would expand the definition of homeless shelter to include any facility that is leased by the city, county, or city and county for the purpose of providing temporary shelter for people experiencing homelessness and any low-barrier private shelter, as defined, that is not owned or leased by the city, county, or city and county that provides temporary shelter for people experiencing homelessness. The bill would require a county or city to identify all low-barrier private shelters in the jurisdiction and include a plan to transition residents from low-barrier private shelters to permanent housing in the above-described shelter plan. By requiring a city, county, or city and county to provide a new level of service, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.