EXEC UTI V E D EP AR TM EN T
STATE OF CALIFORNIAEXECUTIVE ORDER N-1-24
WHEREAS California is experiencing a homelessness crisis decades in themaking, with over 180,000 people estimated to have experienced homelessness
on any given night in 2023, including 123,000 people who experienced
unsheltered homelessness, living in tents, trailers, and vehicles across the state;
andWHEREAS within the first year of my Administration I fast-tracked thedevelopment of shelter through Executive Order N-23-20, which directed
departments to assess and facilitate the use of available state land andresources for short-term emergency homeless shelters; andWHEREAS since the beginning of my Administration, the State has madeunprecedented investments to address the homelessness crisis head on,investing more than $24 billion across multiple state agencies and departments,
including $4.85 billion in flexible funding to local jurisdictions to prevent andreduce homelessness through Homeless Housing, Assistance and Prevention
grants, $1 billion in Encampment Resolution Funding to assist local jurisdictions inproviding services and supports to people living in encampments, and $3.3billion to rapidly expand housing for persons experiencing homelessness throughHomekey; andWHEREAS the State has redoubled its commitment to holding local
jurisdictions accountable to reduce homelessness, including by strengthening
and enforcing requirements that local jurisdictions plan for their fair share ofhousing and by conditioning state homelessness funding on rigorous reportingand measurable performance metrics; andWHEREAS it is imperative to act with urgency to address dangerous
encampments, which subject unsheltered individuals living in them to extreme
weather, fires, predatory and criminal activity, and widespread substance use,harming their health, safety, and well-being, and which also threaten the safety
and viability of nearby businesses and neighborhoods and undermine thecleanliness and usability of parks, water supplies, and other public resources;
andWHEREAS while every jurisdiction must do more to address encampments,state and local agencies taking proactive steps to remove encampments havebeen stymied in those efforts by lawsuits and injunctions, leaving officials without
the tools or guidance necessary to address the crisis on their streets; andWHEREAS in September 2023, I called on the United States Supreme Court
to grant review in City of Grants Pass v. Johnson to clarify that state and local
officials can take reasonable actions to resolve encampments while respecting
the humanity of all Californians; andWHEREAS in June 2024 the Supreme Court overturned Ninth Circuit Courtof Appeals precedent that restricted the government’s authority to enforce laws
regulating encampments, recognizing that jurisdictions may tailor theirenforcement practices to reflect policy-driven approaches to addressing
homelessness; andWHEREAS with the threat of these types of injunctions removed, there is nolonger any barrier to local governments utilizing the substantial resourcesprovided by the State, in tandem with federal and local resources, to address
encampments with both urgency and humanity, or excuse for not doing so; andWHEREAS guidelines that prioritize offers of shelter and services as a firststep to resolving any encampment best respect the dignity of every Californianand provide meaningful paths to ending homelessness; andWHEREAS the California Interagency Council on Homelessness leads
California’s efforts to prevent and end homelessness; andWHEREAS the California Department of Transportation maintains a policy
directive that prioritizes removal of encampments that pose threats to life,
health, and safety, while partnering with local governments and nonprofit
providers to facilitate offers of shelter and supportive services in advance of aremoval; andWHEREAS the California Department of Transportation has, since July 2021,
removed 11,188 encampments and 248,275 cubic yards of debris from these
encampments along the state rights of way.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution andstatutes of the State of California, do hereby issue the following Order tobecome effective immediately:
IT IS HEREBY ORDERED THAT:
1) Agencies and departments subject to my authority shall adopt policies,
generally consistent with California Department of Transportation’s
Maintenance Policy Directive 1001-R1, to address encampments onstate property, including through partnerships with other state and local
agencies, and shall prioritize efforts to address encampments consistentwith such policy. Such policies shall include the following:a. Whenever feasible, site assessment in advance of removal
operations to determine whether an encampment poses animminent threat to life, health, safety or infrastructure such thatexigent circumstances require immediate removal of theencampment.
b. Where exigent circumstances exist, as much advance notice tovacate as reasonable under the circumstances.
c. Where no exigent circumstances exist, posting of a notice tovacate at the site at least 48 hours prior to initiating removal.
d. Contacting of service providers to request outreach services for
persons experiencing homelessness at the encampment.
e. Collection, labeling, and storage for at least 60 days of personal
property collected at the removal site that is not a health orsafety hazard.
2) All departments and agencies not under my authority are requested toadopt policies consistent with the guidelines in Paragraph 1.
3) Local governments are encouraged to adopt policies consistent withthis Order and to use all available resources and infrastructure,including resources provided by the State’s historic investments inhousing and intervention programs where appropriate and available,
to take action with the urgency this crisis demands to humanely remove
encampments from public spaces, prioritizing those encampments thatmost threaten the life, health, and safety of those in and around them.
4) The California Interagency Council on Homelessness shall develop
guidance and provide technical assistance consistent with this Orderfor local governments to follow in implementing their local homelessness
programs.
IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity andnotice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State ofCalifornia, its agencies, departments, entities, officers, employees, or any otherperson.

IN WITNESS WHEREOF I havehereunto set my hand and caused
the Great Seal of the State ofCalifornia to be affixed this 25th dayof July.

_____________________________GAVIN NEWSOM
Governor of California

ATTEST:_____________________________SHIRLEY N. WEBER, Ph.D.
Secretary of State