Gov. Newsom passed a new executive order on homeless encampments. Here’s what it means

Associated Press

California Gov. Gavin Newsom has issued an executive order directing state agencies “to move urgently to address dangerous” homeless encampments and clear them from state land while giving city and local leaders a push to do the same.

The order comes a month after a Supreme Court ruling allowing cities to enforce bans on sleeping outside in public spaces.

In 2023, there more than 180,000 homeless people in California in 2023. Newsom’s order comes as the lack of affording housing and rising cost of living have pushed increasing numbers of people out onto the streets. In many cities, the homeless population far exceeds the number of shelter beds available on any given night.

The order raises questions about how this will be carried out given the challenges that cities are facing, and the governor’s office said details are still be hammered out.

Here’s a look at what we know so far:

What does the executive order say?

The executive order directs state agencies to remove homeless encampments from state land. That includes state parks and beaches, agency buildings, and highways and the areas beneath them.

In Los Angeles, one of the largest homeless encampments can be found under the 105 freeway, which is maintained by the California Department of Transportation, known as Caltrans.

It orders the agencies to act soon and follow the lead of the transportation agency, which has removed 11,188 encampments and more than 248,000 cubic yards (189,600 cubic meters) of debris from these encampments along the state rights of way, mostly freeways and highways, since July 2021.

Caltrans policies include determining first if there is an “imminent threat to life, health, safety or infrastructure” that requires removal of a homeless encampment. Authorities must also give at least 48 hours notice before they clear a site, and request outreach services for people living in the encampment. The order says people also must be allowed to store their personal belongings for at least 60 days.

The order also orders the California Interagency Council on Homelessness to provide guidance for local governments to follow in implementing their own homelessness programs.

What does this mean for major cities?

City and county officials are not legally bound to follow the executive order, though it says they are “encouraged” to adopt the same policies. In the past, Newsom has threatened to withhold $1 billion from local governments if they don’t make progress in addressing the issue.

Some local officials say they will continue to clear homeless encampments as they have been doing since the Supreme Court ruling, effective in August, allowed them to remove people from the streets even if there are no shelter beds available.

More than 75,000 people were homeless on any given night across Los Angeles County, according to a tally at the start of the year. About 45,252 were within the city of Los Angeles, where frustration has grown as tents have proliferated on sidewalks and in parks. This year, there are only about 23,000 emergency shelter beds in the county.

Los Angeles Mayor Karen Bass emphasized the importance of a comprehensive approach to addressing homelessness that leads with providing housing and services. She has criticized the Supreme Court ruling, saying that cities can’t “arrest their way out of this problem.”

“Strategies that just move people along from one neighborhood to the next or give citations instead of housing do not work,” Bass said in a statement. “We thank the Governor for his partnership thus far and hope that he will continue collaboration on strategies that work.”

San Francisco Mayor London Breed vowed to begin “very aggressive” sweeps of homeless encampments in light of the Supreme Court decision that will begin in August, the San Francisco Chronicle reported.

“San Francisco’s encampment and outreach teams do this work every day and have been for years,” Breed said. “We’ve already been doing this work, so there’s nothing new that comes out of the Governor’s direction.”

San Diego Mayor Todd Gloria, chair of the California Big City Mayors coalition, said the group welcomes the governor’s “renewed direction and sense of urgency to address homelessness with tangible and meaningful action,” though he didn’t specify what that would be.

The group includes mayors of the state’s 13 largest cities.

San Diego passed an ordinance last year that banned encampments near schools, shelters and transit hubs, in parks, and along public sidewalks if shelter beds are available. The city opened two tent campsites for people to sleep at that offer restrooms, showers and 24-hour security.

Which agencies are taking action?

The order applies to most state agencies, including the Department of General Services that manages state buildings and parking lots; the Department of Parks and Recreation, which oversees state parks and some beaches; and the Department of Fish and Wildlife, which manages recreational areas.

Why now?

Last month, the U.S. Supreme Court upheld an Oregon city ban that cities could enforce bans on people sleeping outdoor in public spaces, overturning a lower court ruling. The case was the most significant one on homelessness to come before the high court in decades.

The previous ruling by the U.S. 9th Circuit Court of Appeals has held since 2018 that such bans violate the Eighth Amendment in areas where there aren’t enough shelter beds.

With that restriction gone, there are “no longer any barrier to local governments” to clear homeless encampments, Newsom’s order said.