Bill Text: CA AB2960 | 2019-2020 | Regular Session | Amended

California Assembly Bill 2960 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Shelter crises: fire and life safety standards.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2020-09-25 - Chaptered by Secretary of State - Chapter 148, Statutes of 2020. [AB2960 Detail]

Download: California-2019-AB2960-Amended.html

Amended IN Assembly May 22, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2960

Introduced by Assembly Member Gipson
(Coauthor: Assembly Member Carrillo)

February 21, 2020

An act to amend ~~Sections 8698 and 8698.1 of, and to add Section 8698.5 to,~~ Section 8698.1 of the Government Code, relating to shelters.

LEGISLATIVE COUNSEL'S DIGEST

AB 2960, as amended, Gipson. Shelter crises: ~~fire safety standards: inspections.~~ fire and life safety standards.

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 to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis.

This bill would authorize a city, county, or city and county to permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that do certain things. The State Fire Marshal would be required to review the standards within 30 days and either approve them or respond as to why they do not meet the threshold requirements. If the standards do not meet the threshold requirements, the city, county, or city and county would not be able to use them.
This bill would authorize an emergency housing facility constructed or allowed pursuant to a declaration of a shelter crisis to comply with the building standards relating to fire safety that were in effect when the building was constructed. The bill would require a political subdivision to inspect and recertify each temporary emergency housing facility operated or allowed pursuant to a declaration of a shelter crisis every 180 days.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.Section 8698 of the Government Code is amended to read:
8698.
~~For purposes of this chapter, the following definitions shall apply:~~
~~(a)“Political subdivision” includes the state, any city, city and county, county, special district, or school district or public agency authorized by law.~~
~~(b)“Governing body” means the following:~~
~~(1)The Governor for the state.~~
~~(2)The legislative body for a city or city and county.~~
~~(3)The board of supervisors for a county.~~
~~(4)The governing board or board of trustees for a district or other public agency.~~
~~(5)An official designated by ordinance or resolution adopted by a governing body, as defined in paragraph (2), (3), or (4).~~
(c)“Public facility” means any facility of a political subdivision including parks, schools, and vacant or underutilized facilities which are owned, operated, leased, or maintained, or any combination thereof, by the political subdivision through money derived by taxation or assessment.
(d)“Declaration of a shelter crisis” means the duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.
(e)“Emergency bridge housing community” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons.
~~(f)“Temporary,” for purposes of emergency housing facilities constructed or allowed during a declared shelter crisis, means the duration of the shelter crisis.~~

SEC. 2.SECTION 1.

Section 8698.1 of the Government Code is amended to read:

8698.1.

Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.

(a) The political subdivision shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This limitation of liability shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.

(b) The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.

(c)An emergency housing facility constructed or allowed pursuant to this chapter shall only be subject to the building standards relating to fire safety that were in effect when the building was constructed. For purposes of this subdivision, “building standard” means a building standard as defined in Section 18909 of the Health and Safety Code, or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.
(c) (1) A city, county, or city and county may permit the operation of an emergency housing facility year round when the facility does not comply with state building standards for local fire and life safety standards if they submit reasonable standards to the State Fire Marshal that, at a minimum, do both of the following:
(A) Require an emergency housing facility to be subject to the building standards related to fire and life safety that the state and local regulations require for existing residential occupancies.
(B) Provide reasonable alternative fire and life safety standards.
(2) The State Fire Marshal shall review the standards within 30 days and either approve them or respond as to why they do not meet the threshold requirements. If the standards do not meet the threshold requirements, the city, county, or city and county that submitted them cannot use them.
(3) For purposes of this subdivision, the term “building standard” means a building standard as defined in Section 18909 of the Health and Safety Code or other standard adopted by a local agency pursuant to Section 17958 of the Health and Safety Code.

SEC. 3.Section 8698.5 is added to the Government Code, to read:
8698.5.
During a declaration of a shelter crisis, the political subdivision shall inspect and recertify each temporary emergency housing facility operated or allowed pursuant to the declaration every 180 days.