This week, California's governor urged the state's municipalities and counties to prohibit homeless encampments, offering draft legislation to facilitate the removal of tents situated along many streets, parks, and waterways statewide.

Upon assuming office in 2019, Governor Gavin Newsom, a Democrat, elevated homelessness to a paramount concern of his administration. Previously, this issue had predominantly fallen under the purview of mayors and other local officials; however, Newsom significantly invested in transforming disused motels into housing and spearheaded additional initiatives aimed at ameliorating the situation.

Nonetheless, he has consistently urged cities and counties to contribute, and on Monday, he revealed proposed legislation that local authorities can implement to clear encampments. Here is what you need to understand:

What does the model ordinance stipulate?

Newsom's proposed regulation would ban "prolonged camping" in a single spot and encampments that obstruct pathways and public areas, while also requiring municipalities to issue warnings and diligently seek out and offer shelter before dispersing an encampment.

What is the official position articulated by the local authorities?

Organizations representing California’s cities and counties pushed back strongly against the suggestion that they are responsible for poor street conditions. They contend that consistent, long-term funding is necessary for permanent projects, rather than intermittent, one-off funding.

Carolyn Coleman, the League of California Cities' executive director and CEO, stated that while eight out of ten cities possess policies to tackle encampments, they require funding to address the underlying causes of homelessness, such as increasing housing availability.

The California State Association of Counties asserted the state has not allocated as much funding to tackle homelessness as it claims, with half of the funds apparently directed towards housing developers.

What perspective do those who champion the rights of the homeless offer?

Research indicates that prohibiting encampments and enacting similar punitive policies exacerbate the difficulties individuals face in securing stable accommodation and employment, according to Alex Visotzky of the National Alliance to End Homelessness.

Individuals risk misplacing crucial paperwork or losing touch with a reliable case manager, compelling them to begin anew.

Residing within a small encampment in Los Angeles, Jay Joshua acts as a guardian, asserting that such settlements can provide a secure haven for their inhabitants.

How are Californian municipalities addressing the issue of encampments?

Major cities governed by Democratic mayors have initiated stringent measures against encampments, citing them as threats to public health and safety.

In San Francisco, the newly elected mayor, Daniel Lurie, has pledged to improve the cleanliness of the city's sidewalks. Meanwhile, in San Jose, Mayor Matt Mahan has put forward a proposal to apprehend individuals who decline offers of shelter on three separate occasions.

Are municipalities and regional authorities mandated to enact it?

Newsom lacks the authority to compel cities and counties to enact an encampment ban.

However, the suggested law about encampments came with the announcement of a large amount of money, $3.3 billion, for places that treat mental health and drug problems. This suggests that he might give state money only if they follow the new rules.

In 2022, he suspended $1 billion in state funding for local authorities, asserting that their strategies to alleviate homelessness were inadequate.