LOC News
Governor Signs Emergency Shelter Siting and Motel Conversion Bills into Law – Effective Immediately
HB 2006 – Emergency Shelter Siting
Governor Brown signed HB 2006 into law on Wednesday, May 12, after the Legislature passed the bill with strong bipartisan support. The new law takes effect immediately, and requires local governments to approve an application for an emergency shelter regardless of state or local land use laws, if the application meets specific approval criteria outlined in the bill. In other words, a city cannot deny an application to develop an emergency shelter if the application complies with HB 2006, even if the city’s land use code would prohibit the emergency shelter at that location.
HB 2006 law requires cities to approve an emergency shelter for operation on any property if the emergency shelter:
- Includes sleeping and restroom facilities;
- Complies with applicable building codes;
- Is located within an urban growth boundary or in a rural residential zone;
- Will not result in a new building that is sited within an area designated under a statewide land use planning goal relating to natural disasters and hazards (e.g. flood plains or mapped environmental health hazards) unless the development complies with regulations directly related to the hazard’
- Has adequate transportation access to commercial and medical services; and
- Will not pose any unreasonable risk to public health or safety.
In addition, an emergency shelter must be operated by:
- A local government; or
- An organization with at least two years’ experience operating an emergency shelter using best practices that is:
- A housing authority;
- A religious corporation;
- A public benefit corporation whose charitable purpose includes the support of homeless individuals and that has been recognized as exempt from income tax under section 501(a) of the Internal Revenue Code on or before January 1, 2018; or
- A nonprofit corporation partnering with any of those entities.
The siting authority in HB 2006 sunsets on July 1, 2023, but shelters approved under the bill may remain in operation after the sunset. Should a shelter cease to operate, the regular land use regulations would apply again.
HB 3261 – Motel Conversion
HB 3261 was signed into law on Thursday, May 6, and is now in effect. This new law requires local governments to allow the conversion of hotels and motels into an emergency shelter or affordable housing, regardless of state or local land use laws, if the application meets specific approval criteria. The measure only applies to hotel or motel properties in areas:
- Within an urban growth boundary;
- Outside heavy industrial zones;
- With adequate transportation access to commercial and medical services; and
- Not within an area designated for a statewide land use planning goal relating to natural disasters or hazards, including flood plains or mapped environmental health hazards, unless the converted use complies with regulations directly related to the disasters or hazards.
Cities may still require the converted use to comply with building codes, occupancy limits, and reasonable siting and design standards so long as the standards do not, individually or cumulatively, prohibit the conversion through unreasonable costs or delay. HB 3261 applies to hotel and motel conversions or applications for conversions on or after January 1, 2021.
For more information on these new laws and additional resources, join LOC for a webinar on homelessness and shelter on Friday, May 21. Register Now
Contact: Ariel Nelson, Lobbyist – anelson@orcities.org
Last Updated 5/14/21