AMENDED IN SENATE JUNE 6, 2019

AMENDED IN SENATE MAY 22, 2019

AMENDED IN ASSEMBLY APRIL 10, 2019
AMENDED IN ASSEMBLY MARCH 11, 2019
california legislature—2019–20 regular session

ASSEMBLY BILL No. 143

Introduced by Assembly Members Quirk-Silva, Daly, and Kalra

(Principal coauthor: Senator Beall)
(Coauthors: Assembly Members Chu and Diep)
(Coauthors: Senators Archuleta, Chang, and Wieckowski)

December 13, 2018

An act to amend Section 8698.4 of the Government Code, relating

to housing.

legislative counsel’s digest

AB 143, as amended, Quirk-Silva. Shelter crisis: homeless shelters:
Counties of Alameda and Orange: City of San Jose.
Existing law authorizes the 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 to the extent that strict compliance would
prevent, hinder, or delay the mitigation of the effects of the shelter
crisis.
Existing law, upon a 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, specifies

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additional provisions applicable to a shelter crisis declared by one of

those jurisdictions. Among other things, existing law 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. Existing law
requires a city, county, or city and county that declares a shelter crisis
pursuant to these provisions to develop a plan to address the shelter
crisis on or before July 1, 2019, and to annually report to specified
committees of the Legislature on or before January 1, 2019, and annually
thereafter until January 1, 2021. Existing law repeals these additional
provisions as of January 1, 2021.
This bill would apply these additional provisions to a shelter crisis
declared by 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, and extend the
above-described repeal date to January 1, 2023. By expanding the scope
of these provisions to apply within the County of Alameda, the County
of Orange, and the City of San Jose, the bill would expand the
above-described exemption from the California Environmental Quality
Act. The bill, with respect to a shelter crisis declared by the County of
Alameda, the County of Orange, a city located within the County of
Alameda, a city located within the County of Orange, or the City of
San Jose, would require the county or city, as applicable, to develop
the above-described shelter plan on or before July 1, 2020, to include
in the shelter plan a plan to transition residents from homeless shelters
to permanent housing, and to provide the first above-described annual
report on or before January 1 of the year following the declaration of
a shelter crisis.
This bill would make legislative findings and declarations as to the
necessity of a special statute for the County of Alameda, the County of
Orange, and the City of San Jose.
Vote: majority. Appropriation: no. Fiscal committee: yes.​
State-mandated local program: no.​

The people of the State of California do enact as follows:

line 1 SECTION 1. Section 8698.4 of the Government Code, as

line 2 amended by Chapter 840 of the Statutes of 2018, is amended to
line 3 read:

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line 1 8698.4. (a)  Notwithstanding any other provision in this chapter,

line 2 upon a declaration of a shelter crisis by a local jurisdiction specified
line 3 in subdivision (c), the following shall apply to the respective city,
line 4 county, or city and county during a shelter crisis:
line 5 (1)  Emergency housing may include homeless shelters for the
line 6 homeless located or constructed on any land owned or leased by
line 7 a city, county, or city and county, including land acquired with
line 8 low- and moderate-income housing funds.
line 9 (2)  (A)  (i)  The city, county, or city and county, in lieu of
line 10 compliance with local building approval procedures or state
line 11 housing, health, habitability, planning and zoning, or safety
line 12 standards, procedures, and laws, may adopt by ordinance
line 13 reasonable local standards and procedures for the design, site
line 14 development, and operation of homeless shelters and the structures
line 15 and facilities therein, to the extent that it is determined at the time
line 16 of adoption that strict compliance with state and local standards
line 17 or laws in existence at the time of that adoption would in any way
line 18 prevent, hinder, or delay the mitigation of the effects of the shelter
line 19 crisis. The Department of Housing and Community Development
line 20 shall review and approve the city’s, county’s, or city and county’s
line 21 draft ordinance to ensure it addresses minimum health and safety
line 22 standards. The department shall, as set forth in Section 9795,
line 23 provide its findings to the Senate Committee on Transportation
line 24 and Housing and the Assembly Committee on Housing and
line 25 Community Development within 30 calendar days of receiving
line 26 the draft ordinance.
line 27 (ii)  During the shelter crisis, except as provided in this section,
line 28 provisions of any housing, health, habitability, planning and zoning,
line 29 or safety standards, procedures, or laws shall be suspended for
line 30 homeless shelters, provided that the city, county, or city and county
line 31 has adopted health and safety standards and procedures for
line 32 homeless shelters consistent with ensuring minimal public health
line 33 and safety and those standards are complied with. Landlord tenant
line 34 laws codified in Sections 1941 to 1942.5, inclusive, of the Civil
line 35 Code providing a cause of action for habitability or tenantability
line 36 shall be suspended for homeless shelters, provided that the city,
line 37 county, or city and county has adopted health and safety standards
line 38 for homeless shelters and those standards are complied with.
line 39 During the shelter crisis, the local and state law requirements for

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line 1 homeless shelters to be consistent with the local land use plans,
line 2 including the general plan, shall be suspended.
line 3 (B)  This section applies only to a public facility or homeless
line 4 shelters reserved entirely for the homeless pursuant to this chapter.
line 5 (3)  Homeless shelters constructed or allowed under this chapter
line 6 shall not be subject to the Special Occupancy Parks Act (Part 2.3
line 7 (commencing with Section 18860) of Division 13 of the Health
line 8 and Safety Code), the Mobilehome Parks Act (Part 2.1
line 9 (commencing with Section 18200) of Division 13 of the Health
line 10 and Safety Code), or the Mobilehome Residency Law (Chapter
line 11 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division
line 12 2 of the Civil Code).
line 13 (4)  The California Environmental Quality Act (Division 13
line 14 (commencing with Section 21000) of the Public Resources Code)
line 15 shall not apply to actions taken by a state agency or a city, county,
line 16 or city and county, to lease, convey, or encumber land owned by
line 17 a city, county, or city and county, or to facilitate the lease,
line 18 conveyance, or encumbrance of land owned by the local
line 19 government for, or to provide financial assistance to, a homeless
line 20 shelter constructed or allowed by this section.
line 21 (5)  (A)  Except as provided in subparagraph (B), on or before
line 22 July 1, 2019, the city, county, or city and county shall develop a
line 23 plan to address the shelter crisis, including, but not limited to, the
line 24 development of homeless shelters and permanent supportive
line 25 housing, as well as onsite supportive services. The city, county,
line 26 or city and county shall make the plan publicly available.
line 27 (B)  Notwithstanding subparagraph (A), in the case of a shelter
line 28 crisis declared by the County of Alameda, a city located within
line 29 the County of Alameda, the County of Orange, a city located within
line 30 the County of Orange, or the City of San Jose, the county or the
line 31 city, as applicable, shall develop the plan required by this paragraph
line 32 on or before July 1, 2020. 2020, and shall include in the plan
line 33 required by this paragraph a plan to transition residents from
line 34 homeless shelters to permanent housing.
line 35 (6)  (A)  Except as provided in subparagraph (B), on or before
line 36 January 1, 2019, and annually thereafter until January 1, 2023, if
line 37 the city, county, or city and county has declared a shelter crisis,
line 38 the city, county, or city and county shall report all of the following
line 39 to the Senate Committee on Transportation and Housing and the
line 40 Assembly Committee on Housing and Community Development:

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line 1 (i)  The total number of residents in homeless shelters within

line 2 the city, county, or city and county.
line 3 (ii)  The total number of residents who have moved from a
line 4 homeless shelter into permanent supportive housing within the
line 5 city, county, or city and county.
line 6 (iii)  The estimated number of permanent supportive housing
line 7 units.
line 8 (iv)  The number of residents who have exited the system and
line 9 are no longer in need of a homeless shelter or permanent supportive
line 10 housing within the city, county, or city and county.
line 11 (v)  The number of new homeless shelters built pursuant to this
line 12 section within the city, county, or city and county.
line 13 (vi)  New actions the city, county, or city and county is taking
line 14 under the declared shelter crisis to better serve the homeless
line 15 population and to reduce the number of people experiencing
line 16 homelessness.
line 17 (B)  Notwithstanding subparagraph (A), in the case of a shelter
line 18 crisis declared by the County of Alameda, a city located within
line 19 the County of Alameda, the County of Orange, a city located within
line 20 the County of Orange, or the City of San Jose, the county or the
line 21 city, as applicable, shall provide the first report required by this
line 22 paragraph on or before January 1 of the year following the
line 23 declaration of a shelter crisis.
line 24 (b)  For purposes of this section, the following terms have the
line 25 following meanings:
line 26 (1)  “Homeless shelter” means a facility with overnight sleeping
line 27 accommodations, the primary purpose of which is to provide
line 28 temporary shelter for the homeless that is not in existence after
line 29 the declared shelter crisis. A temporary homeless shelter
line30 community may include supportive and self-sufficiency
line 31 development services.
line 32 (2)  “Permanent supportive housing” means housing for people
line 33 who are homeless, with no limit on length of stay, and that is linked
line 34 to onsite or offsite services that assist the supportive housing
line 35 resident in retaining the housing, improving the person’s health
line 36 status, and maximizing the person’s ability to live and, when
line 37 possible, work in the community.
line 38 (c)  This section shall apply to a shelter crisis declared by any
line 39 of the following jurisdictions:
line 40 (1)  The following cities:

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line 1 (A)  The City of Berkeley.

line 2 (B)  The City of Emeryville.
line 3 (C)  The City of Los Angeles.
line 4 (D)  The City of Oakland.
line 5 (E)  The City of San Diego.
line 6 (F)  The City of San Jose.
line 7 (G)  Any city located within the County of Alameda.
line 8 (H)  Any city located within the County of Orange.
line 9 (2)  The following counties:
line 10 (A)  The County of Alameda.
line 11 (B)  The County of Orange.
line 12 (C)  The County of Santa Clara.
line 13 (3)  The City and County of San Francisco.
line 14 (d)  This section shall remain in effect only until January 1, 2023,
line 15 and as of that date is repealed.
line 16 SEC. 2. The Legislature finds and declares that a special statute
line 17 is necessary and that a general statute cannot be made applicable
line 18 within the meaning of Section 16 of Article IV of the California
line 19 Constitution because of the unique need to address the problem
line 20 of homelessness in the County of Alameda, the County of Orange,
line 21 and the City of San Jose.

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