Gov. Newsom signs bill to expand Valley Water’s ability to assist unsheltered people

On Oct. 10, Gov. Gavin Newsom signed into law a state bill that gives Valley Water the authority to use certain resources to assist unsheltered people living on public lands and along waterways in Santa Clara County.

Assembly Bill 1469, authored by Assemblymember Ash Kalra (D- San José), gives Valley Water the flexibility to use revenue from an existing 1% ad valorem property tax to fund outreach, counseling, transitional housing, or other services to benefit unsheltered people. These efforts will take place in consultation with cities or Santa Clara County.

“Valley Water is facing an untenable situation with unsheltered people taking refuge in dangerous, flood-prone watersheds, while the agency lacks legal authorization to humanely assist them,” Assemblymember Kalra said. “With Governor Newsom’s signature, AB 1469 authorizes Valley Water to leverage its land and existing tax revenues to contract for interim housing and other services from cities, the County, or nongovernmental entities to improve outcomes for unsheltered individuals.”

This change allows Valley Water the option of offering its land for transitional housing and or other facilities to support the unsheltered population.

“We thank Governor Newsom for signing this bill and Assemblymember Kalra for authoring this bill allowing Valley Water to do more to address the human and environmental tragedies of the encampments of unsheltered people along our creeks and streams,” Valley Water Board Chair John L. Varela said.

In 2019, the U.S. Court of Appeals for the Ninth Circuit held that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.” The United States Supreme Court declined to review the Ninth Circuit’s decision, leaving it in effect in the western states covered by the Ninth Circuit, including California. This decision has been interpreted to mean a de facto requirement to offer shelter before unsheltered people may be relocated from public lands, with very limited life safety exceptions.

Valley Water owns and manages 294 miles of streams and habitat throughout Santa Clara County. These areas include threatened and endangered species, sensitive habitats, and public infrastructure critical to water supply, groundwater recharge, and flood risk reduction activities. 

Valley Water estimates that approximately 2,300 unsheltered people have taken refuge on the agency’s property and easements. That’s more than 20% of the estimated 10,000 unhoused people in Santa Clara County.

Encampments along our county’s waterways contribute largely to local pollution and the degradation of water quality and habitat in streams. Valley Water’s mission of providing safe, clean water, flood protection and environmental stewardship is seriously compromised by pervasive, ongoing encampments of unsheltered people.

Valley Water has long been committed toward cleaning up trash, debris, and hazardous pollutants generated by encampments along waterways in Santa Clara County. And earlier this year, the agency’s Board of Directors approved four new positions and increased funding to address these environmental issues.