California Governor Gavin Newsom issued an executive order Thursday setting guidelines for the removal of homeless encampments by state agencies and departments while requesting that local governments adopt the policies as well.
The order will require state agencies under Newsom’s authority to address homeless encampments on state property and set five explicit policies to follow for removal. The policies include (1) site assessments determining whether a camp is a danger to public health and warrants immediate removal; (2) reasonable advance notice to vacate where exigent circumstances warranting removal exist; (3) standard 48-hour notice to vacate before removals; (4) communication with service providers for outreach to individuals experiencing homelessness; (5) 60-day storage of personal property for homeless individuals at the removal site.
The order also encouraged local governments to use “all available resources and infrastructure, including resources provided by the State’s historic investments in housing and intervention programs” to address the crisis and “humanely remove encampments from public spaces.” The California Interagency Council on Homelessness was tasked with developing guidance and technical assistance for local governments adopting the order’s policies.
The order extends only to state agencies and departments under the executive branch. It is not binding on cities and local governments but would include lands under the control of the Department of Transportation, Parks and Recreation, and Fish and Wildlife.
Governor Newsom’s directive comes nearly a month after the US Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson, which empowered governments to enforce bans on homeless encampments. The court ruled that bans on homeless encampments even when shelter space was unavailable are not violations of the US Constitution’s Eighth Amendment, which prohibits “cruel and unusual” punishment.
A press release from Governor Newsom’s office touted the policies, which were modelled after the state agency Caltrans’s efforts in clearing homeless encampments along state right of ways. The release also highlighted state Proposition 1 funding to expand behavioral health services and “unprecedented investments to support communities.” The release stated:
This executive order directs state agencies to move urgently to address dangerous encampments while supporting and assisting the individuals living in them – and provides guidance for cities and counties to do the same. The state has been hard at work to address this crisis on our streets. There are simply no more excuses. It is time for everyone to do their part.
The ACLU condemned the order, accusing the governor of displaying a “disregard for human dignity” and calling the order a superficial fix on a systemic problem driven by underlying issues including “skyrocketing housing costs.”
It is estimated that over 180,000 people experience homelessness in California as of 2023. According to a University of California study, California’s homeless make up nearly a third of the homeless in the entire US in a state that contains 12 percent of the nation’s population.