Short-term rentals: emergencies and special events., the official text

An act to add Article 9.3 (commencing with Section 8606) to Chapter 7 of Division 1 of, and to add Chapter 2 (commencing with Section 13996) to Part 4.7 of Division 3 of, Title 2 of the Government Code, relating to short-term rentals.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the California Emergency Services Act, establishes the Office of Emergency Services and vests the office with responsibility for the state’s emergency and disaster response services for natural, technological, or man-made disasters and emergencies, as specified. Existing law establishes the Office of Tourism within the Governor’s Office of Business and Economic Development, and requires the office to establish the California Travel and Tourism Commission for the purpose of increasing the number of persons traveling to and within California.
This bill would require both the Office of Emergency Services and the Office of Tourism to establish a public registration system. The bill would require the offices to adopt regulations to administer their respective public registration systems. The bill would provide that registration authorizes the registered party to immediately commence offering an eligible residential dwelling, as defined, as a short-term rental during a declared state of emergency or a special event period, as applicable. The bill would require the Office of Tourism to define specific special event periods, as provided, and to post that information online at least 180 days prior to the event.
This bill would prohibit a city, county, city and county, or any other political subdivision of the state from maintaining, enforcing, prescribing, or continuing in effect any law, rule, regulation, requirement, standard, or other provision that prohibits an individual or entity that controls an eligible residential dwelling that has been registered from offering that dwelling as a short-term rental during a declared state of emergency or a special event, as applicable.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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

SECTION 1.
Article 9.3 (commencing with Section 8606) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
9.3.
Emergency Registration for Short-Term Rentals8606.
The Legislature finds and declares all of the following:
(a) Increasing access to short-term rentals during declared states of emergency would ensure the availability of sufficient temporary housing for displaced residents, evacuees, and emergency personnel.
(b) Additional short-term rentals during an emergency promote public health and safety by enabling access to safe, lawful, and habitable lodging alternatives when traditional accommodations are unavailable or at capacity.
(c) Short-term rentals allow housing flexibility for first responders, contractors, and relief workers supporting disaster operations and facilitates their emergency response and recovery efforts.
(d) A state registration program that authorizes additional short-term rentals would advance the public interest through temporary adjustments that are narrowly tailored to address extraordinary and time-limited emergency circumstances.

8606.1.
For purposes of this article, the following definitions apply:
(a) “Eligible residential dwelling” means any residential dwelling in the state, except for the following:
(1) Income-restricted affordable housing.
(2) A residential dwelling that was withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1.
(3) Any building or area that is, or is used as, a retail, restaurant, or banquet space, an event center, a shipping container, an outdoor area including tipis and treehouses, a van or recreational vehicle, a living or sleeping quarter added in a garage, storage area, closet, hall, or utility space without benefit of permit, or a boat or similar watercraft.
(b) “Office” means the Office of Emergency Services.

8606.2.
(a) (1) The office shall establish a public registration system.
(2) The office shall adopt regulations to administer the a public registration system.
(b) Notwithstanding any local law, registration pursuant to subdivision (a) shall authorize the registered party to immediately commence offering an eligible residential dwelling as a short-term rental during a declared state of emergency.

8606.3.
(a) A city, county, city and county, or any other political subdivision of the state shall not maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision that prohibits an individual or entity that controls an eligible residential dwelling that has been registered pursuant to Section 8606.2 from offering that dwelling as a short-term rental during a declared state of emergency.
(b) Subdivision (a) shall not be interpreted to supersede laws that are generally applicable to residential dwellings or short-term rentals, including, but not limited to, taxes, noise, and nuisance regulations.

SEC. 2.
Chapter 2 (commencing with Section 13996) is added to Part 4.7 of Division 3 of Title 2 of the Government Code, to read:
2.
Special Event Registration for Short-Term Rentals13996.
The Legislature finds and declares all of the following:
(a) Tourism is a key contributor to the California economy, from big cities to farm communities.
(b) Events, from sporting events and music festivals, to culture and culinary, are an increasingly important driver of the tourism economy.
(c) Events that draw thousands of attendees benefit from flexible accommodations supply, including short-term rentals.
(d) Ensuring that California can continue to host events will help maintain robust tourism tax collection, supporting public services statewide.

13996.1.
For purposes of this chapter, the following definitions apply:
(a) “Eligible residential dwelling” means any residential dwelling in the state, except for the following:
(1) Income-restricted affordable housing.
(2) A residential dwelling that was withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1.
(3) Any building or area that is, or is used as, a retail, restaurant, or banquet space, an event center, a shipping container, an outdoor area including tipis and treehouses, a van or recreational vehicle, a living or sleeping quarter added in a garage, storage area, closet, hall, or utility space without benefit of permit, or a boat or similar watercraft.
(b) “Office” means the Office of Tourism, also popularly referred to as the Division of Tourism, within the Governor’s Office of Business and Economic Development.

13996.2.
(a) (1) The office shall establish a public registration system.
(2) The office shall adopt regulations to administer the public registration system.
(b) Notwithstanding any local law, registration pursuant to subdivision (a) shall authorize the registered party to immediately commence offering an eligible residential dwelling as a short-term rental during a special event period, as described in subdivision (c).
(c) A special event period commences seven days prior to, and ends five days after, the following events:
(1) Olympic Games.
(2) Any other special event that the office determines, in its discretion, would benefit from additional transient lodging capacity.
(d) Specific special event periods for the events listed in subdivision (c) shall be defined by the office and posted online at least 180 days prior to the commencement of the event period.

13996.3.
(a) A city, county, city and county, or any other political subdivision of the state shall not maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision that prohibits an individual or entity that controls an eligible residential dwelling that has been registered pursuant to Section 13996.2 from offering that dwelling as a short-term rental during the special event period.
(b) Subdivision (a) shall not be interpreted to supersede laws that are generally applicable to residential dwellings or short-term rentals, including, but not limited to, taxes, noise, and nuisance regulations.

SEC. 3.
The Legislature finds and declares that to ensure the availability of sufficient temporary housing during declared states of emergency and special events, the prohibition on short-term rental caps as specified in this act is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 and 2 of this act adding Article 9.3 (commencing with Section 8606) to Chapter 7 of Division 1 of Title 2 of the Government Code, and Chapter 2 (commencing with Section 13996) to Part 4.7 of Division 3 of Title 2 of the Government Code applies to all cities, including charter cities.