Homeless Encampments on Public Rights-of-Way.
The 2021-23 Transportation Budget provided funding to the Department of Transportation (DOT) to address public health and safety risks associated with homeless encampments on DOT-owned rights-of-way. The DOT was directed to work with local governments and social service organizations to help prevent future encampments from forming on highway rights-of-way and was authorized to reimburse organizations providing outreach and assistance to transition people into treatment or housing. Specific funding was also provided for the DOT to work with the cities of Tacoma and Seattle on safety improvements, public health problems, and debris clean up related to encampments on DOT rights-of way. The DOT also was directed to provide a semiannual status report on these efforts to the Governor and the Legislature beginning October 1, 2021.
Martin v. City of Boise.
In 2018, the United States Ninth Circuit Court of Appeals issued an opinion in Martin v. City of Boise, regarding a Boise, Idaho, ordinance banning people from sleeping outdoors on public property. In its decision, the court held that enforcement of ordinances that prohibit camping or sleeping outdoors on public property when no alternative shelter is available violates the Eighth Amendment of the United States Constitution's prohibition against cruel and unusual punishment. The ruling applies to nine Western states, including Washington and was denied review by the United States Supreme Court in December 2019.
The Office of Intergovernmental Coordination on Public Right-of-Way Homeless Encampments (office) is created within the Department of Social and Health Services. The office must lead efforts to coordinate funding, policy, and practice efforts related to persons encamped on the right-of-way to identify more permanent housing solutions and appropriate services, in a manner than treats people with respect, compassion, and dignity, through coordinated state, local, and community partnerships.
The office is subject to review and termination under the Sunset Act, which includes performance measure requirements and a program and fiscal review by the Joint Legislative Audit and Review Committee, as of July 1, 2027.
The amended bill modifies the intent section and eliminates most of the office's specific duties contained in the underlying bill. It removes language related to reducing the number of persons encamped on public rights-of-way, closing encampments, and allowing engagement with encamped persons while housing plans are being completed under certain circumstances. The amended bill also eliminates all provisions requiring the office to establish coordination teams, outreach teams, and a data analysis team. The amended bill instead requires the office to lead efforts to coordinate efforts to identify permanent housing solutions and appropriate services in a manner that treats encamped persons with respect, compassion, and dignity, through coordinated state, local, and community partnerships.
The amended bill also removes all provisions directing the Department of Commerce to work with the new office and administer grants to local governments or nonprofit organizations to meet the needs of persons encamped on state public rights-of-way and facilitate their transition to permanent housing.
(In support) The state has made substantial investments in shelters and affordable housing stock, but it is only a fraction of what is needed to address the housing shortage affecting every community in this state. The Governor is proposing additional funding for shelters and affordable housing solutions, including $40 million in grant funding for local governments and nonprofits to help meet the individual needs of encamped persons. The bill creates a collaborative process to transition people encamped on public rights-of-way to permanent housing, and the goal is to coordinate efforts with local housing plans in a way that prioritizes new units of affordable and supportive housing. Engaging with encamped person is predicated on having a plan to provide housing and services.
(Opposed) The bill needs to be amended to guarantee that homelessness is not criminalized or otherwise penalized. It also needs to ensure that people living unsheltered are treated with dignity, respect, and compassion by codifying how the new office will operate and meet its goals. Removing persons from where they are encamped must be limited to situations where people are living in imminent danger.
(Other) Unsheltered persons face fear, stress, and chaos just trying to find a safe place to rest. Sweeps create additional fear and trauma. The bill would create further harm, and the content of the bill needs to match the intent section. The state should not prioritize people for housing based on where they are camped. Affordable and supportive housing is the solution to homelessness, but there are long waits for subsidized housing. The state does not have enough housing for its population growth. The bill omits the need for upzoning in cities.