HomeMy WebLinkAbout2020-07-14 - AGENDA REPORTS - STATE LEGISLATION: SB 3269 (2)0
Agenda Item: 7
P
CITY OF SANTA CLARITA AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:1
DATE: July 14, 2020
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 3269
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose
Assembly Bill 3269 (Chiu) and transmit position statements to Assembly Member David Chiu,
Santa Clarita's state legislative delegation, appropriate legislative committees, Governor
Newsom, and the League of California Cities.
BACKGROUND
Authored by Assembly Member David Chiu (D-17-San Francisco), Assembly Bill 3269
authorizes the State to take legal action against a local agency and preempt local land use
authority, if homeless populations do not decrease within a local jurisdiction by the prescribed
rate and timeframe included in the bill.
Specifically, Assembly Bill 3269:
Creates the Office of the Housing and Homelessness Inspector General as an independent
office within the Business, Consumer Services, and Housing Agency.
2. Requires the State Homelessness Coordinating and Financing Council to conduct a gaps
and needs analysis to summarize the current inventory of services for persons
experiencing homelessness and to quantify the need for additional interventions and the
associated cost for those interventions.
3. Requires the State Department of Housing and Community Development (HCD) to set a
benchmark goal to reduce homelessness for each State and local agency by January 1,
2028, based on the needs and gaps analysis performed by the Homelessness Coordinating
and Financial Council.
a. The benchmark goal will establish a minimum percentage reduction of
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homelessness goal within each local agency's jurisdiction based on the 2019
homeless point -in -time count.
b. HCD will establish annual homelessness reduction benchmarks for each local
agency that requires progress toward the established benchmark goal.
Requires each State and local agency to develop an actionable plan to achieve the
benchmark goal to reduce homelessness set by the HCD and transmit the plan to HCD by
January 1, 2022.
Require the Inspector General to do the following:
a. Monitor the implementation and progress of the State and local agencies based on
adopted plans.
b. Offer technical assistance to State and local agencies to comply with actionable
plans to address homelessness.
c. Audit State and local agencies to determine compliance with adopted plans.
d. Bring actions against a State or local agency to compel compliance with their
respective adopted plans.
e. Investigate complaints and issue civil penalties.
Additionally, this bill authorizes the Inspector General to bring legal action against a State or
local agency if the applicable State or local agency has not complied with any of the provisions
included in this legislation. If, in an action brought by the Inspector General, the court finds that
the applicable State or local agency has not complied with the provisions included in this bill, the
Inspector General may request that the court issue an order or judgment directing the State or
local agency to substantially comply by taking corrective actions, including to require local
agencies to rezone sites to permit the construction of housing and emergency shelters.
The City of Santa Clarita (City) is committed to increasing service capacity and resources to
assist local service providers and the local homeless population to ensure the health and safety of
all residents. In an effort to support local initiatives, the City donated more than $1 million of
property and resources to one of the primary local service providers, Bridge to Home, to develop
a year-round shelter. Additionally, the City has hired consultants to develop a Citywide action
plan to address homelessness and established a local Homelessness Task Force comprised of
more than 30 key stakeholders within the community.
Addressing homelessness requires a comprehensive approach that includes a range of resources,
services, and coordination. This bill does not acknowledge the complexity and unique
circumstances that individuals and communities face in addressing this issue. Furthermore, this
bill establishes an arbitrary legal liability for local agencies that may result in the preemption of
local land use authority.
The recommendation to oppose Assembly Bill 3269 is consistent with Component 21 under the
"State" section of the City of Santa Clarita 2020 Legislative Platform. Specifically, Component
21 advises that the City Council, "Oppose legislation that would interfere with, limit or eliminate
the decision -making authority of municipalities in the area of local land use."
Assembly Bill 3269 was introduced on February 21, 2020, as a spot bill and amended on May 4,
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2020. The bill was approved by the Assembly (58-10-11) on June 10, 2020, and is awaiting
assignment to a policy committee in the Senate. Assemblywoman Christy Smith voted in support
of the bill and Assembly Member Tom Lackey voted in opposition to the bill during the
Assembly floor vote.
The City Council Legislative Committee met on June 29, 2020, and recommends that the City
Council adopt an "oppose" position on Assembly Bill 3269.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Assembly Bill 3269
2. Adopt a "support" position on Assembly Bill 3269
3. Take no action on Assembly Bill 3269
4. Refer Assembly Bill 3269 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2020-21 budget.
ATTACHMENTS
AB 3269 - Bill Text
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AMENDED IN ASSEMBLY JUNE 4, 2020
AMENDED IN ASSEMBLY MAY 22, 2020
AMENDED IN ASSEMBLY MAY 4, 2020
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 3269
Introduced by Assembly Members Chin and Santiago
February 21, 2020
An act to amend Sections 11552 and 12804 of the Government Code,
and to add Sections 8257.1 and 8257.2 to, and to add Chapter 6.6
(commencing with Section 8258) to Division 8 of, the Welfare and
Institutions Code, relating to homelessness.
LEGISLATIVE COUNSEL'S DIGEST
AB 3269, as amended, Chiu. State and local agencies: homelessness
plan.
Existing law establishes in state government the Business, Consumer
Services, and Housing Agency, comprised of the Department of
Consumer Affairs, the Department of Housing and Community
Development, the Department of Fair Employment and Housing, the
Department of Business Oversight, the Department of Alcoholic
Beverage Control, the Alcoholic Beverage Control Appeals Board, the
California Horse Racing Board, and the Alfred E. Alquist Seismic Safety
Commission.
Existing law requires the Governor to create the Homeless
Coordinating and Financing Council (referred to as "the coordinating
council") and to appoint up to 19 members of that council, as provided.
Existing law specifies the duties of the coordinating council, including
creating partnerships among state agencies and departments, local
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government agencies, and specified federal agencies and private entities,
for the purpose of arriving at specific strategies to end homelessness.
This bill, upon appropriation by the, Legislature or upon
receiving technical assistance offered by the federal Department of
Housing and Urban Development, if available, would require the
coordinating council to conduct, or contract with an entity to conduct,
a statewide needs and gaps analysis to, among other things,
as speeified. identify state programs that provide housing or services
to persons experiencing homelessness and create a financial model that
will assess certain investment needs for the purpose of moving persons
experiencing homelessness into permanent housing. The bill would
authorize local governments to collaborate with the coordinating-eoffneik
council or other entity conducting the analysis upon an appropriation
by the Legislature to cover costs of the collaboration or upon provision
of technical assistance by the federal Department of Housing and Urban
Development. The bill would also require the coordinating council or
any other entity conducting the analysis to seek input from the
coordinating council's members on the direction of, design of data
collection for, and items to be included in the statewide needs and gaps
analysis. The bill would require the council to report on the analysis to
specified committees in the Legislature by July 31, 2021. The hill would
require the coordinating council or other entity conducting the analysis
to evaluate all available data, including, among other things, data from
other state departments and agencies. The hill would require a state
department or agency with a member on the coordinating council to
assist in data collection for the analysis by responding to data requests
within 180 days, asspecified.
This bill wouldstate the intent of the T=egislatttre that eaeft state Ei
by Beeentber 31, . require each county to submit, no later than
December 31, 2021, to the Department of Housing and Community
Development a county -level plan for meeting speck annual
benchmarks with city and homeless continuum of care participation,
asspecified. The hill would require the plan to include a gaps analysis
pertaining to homelessness, as provided. The bill would require the
Department of Housing and Community Development to set a
benchmark goal in reducing homelessness by January 1, 2028, for each
state and local agency subject to these provisions, based upon thetleec s
a d gaps analysis deseribed above,- provided by each county, and annual
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homelessness reduction benchmarks that progress toward the benchmark
goal. The bill, on or before January 1, 2022, would require each state
and local agency, as defined, to develop an actionable plan to achieve
the benchmark goal set by the department. The bill would require the
plan to include a description and the amount of all funding sources the
state or local agency, and any incorporated jurisdiction and continuum
of care, has earmarked or committed to addressing homelessness, mental
illness, and substance abuse within its jurisdiction, the amount of
additional funding needed, and specific actions that will be taken to
reduce the number of individuals experiencing homelessness and meet
the benchmark goal set by the department. The bill would require each
state and local agency to submit an annual progress report to the
department that details the progress and implementation of the adopted
plan and any amendments proposed to the plan.
This bill would require the department to review submitted plans and
provide feedback and recommended revisions. The bill would require
a state or local agency to either adopt those recommended revisions, or
adopt findings as to why the recommended revisions are not needed.
The bill would require the department to monitor the implementation
and progress of state and local agency plans. The bill would require the
department to notify the state or local agency and the inspector general
if the agency fails, within a reasonable time, to make progress in
accordance with their plan.
This bill would establish the Office of the Housing and Homelessness
Inspector General as an independent office within the Business,
Consumer Services, and Housing Agency, under the supervision of the
Housing and Homelessness Inspector General. The bill would require
the Governor to appoint the Housing and Homelessness Inspector
General, subject to confirmation by the Senate. The bill would, on and
after January 1, 2022, authorize the inspector general to bring an action
against a state or local agency that fails to adopt a plan or fails, within
a reasonable time, to make progress in accordance with their adopted
plan. The bill, if the court finds that the applicable state or local agency
has not substantially complied, would authorize the Housing and
Homelessness Inspector General to request the court to issue an order
or judgment directing the state or local agency to substantially comply,
as provided.
The bill would authorize the inspector general to impose a civil penalty
on a state or local agency that is found to have deliberately and
intentionally transported a homeless individual to a different jurisdiction
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in order to reduce the number of homeless individuals within their
jurisdiction, as specified.
By requiring local agencies to submit a county -level plan for meeting
speck annual benchmarks relating to homelessness and to develop
and implement a homelessness plan to achieve the benchmark
goal developed by the Department of Housing and Community
Development, this bill would impose a state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) As of January 2019, California has had an estimated 151,278
4 people experiencing homelessness on any given day, as reported
5 by Continuum of Care to the United States Department of Housing
6 and Urban Development. This is the highest number since 2007,
7 and represents a 17-percent increase since 2018.
8 (b) The vast majority of homeless Californians were unsheltered,
9 which is about 71 percent and the highest rate in the nation,
10 meaning that they were living in streets, parks, or other locations
11 not meant for human habitation. In 2018, among homeless veterans,
12 California had the nation's highest share that are unsheltered (67
13 percent), and among homeless youth, the share that are unsheltered
14 (80 percent) ranked second highest.
15 (c) As local communities work to house the unsheltered, more
16 people are falling into homelessness. Larger urban areas with high
17 numbers of people experiencing homelessness have reported that
18 more people are falling into homelessness than they are able to
19 house.
20 (d) In the City of Oakland, for every one person they are able
21 to house, two more are falling into homelessness.
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1 (e) In the County of Los Angeles, despite housing 20,000
2 homeless people in 2018, for every 133 people housed, 150 fall
3 into homelessness per day.
4 (f) In the City and County of San Francisco, for every one person
5 they are able to house, three more fall into homelessness.
6 (g) A growing percentage of the state's homeless population
7 are seniors who are experiencing homelessness for the first time.
8 Seniors who are on fixed incomes and who are severely rent
9 burdened have no potential for additional income.
10 (h) Once seniors are homeless, their health quickly deteriorates
11 and they use emergency services at a higher rate and face high
12 mortality rates.
13 (i) Fifty percent of seniors who are homeless become homeless
14 after 50 years of age.
15 0) African Americans are disproportionately found on
16 California's streets and roughly 30 percent of the state's unhoused
17 population is Black.
18 (k) While comprehensive statewide data is lacking, local surveys
19 indicate that people living on the streets are typically from the
20 surrounding neighborhood. For example, 70 percent of the people
21 experiencing homelessness in the City and County of San Francisco
22 were housed somewhere in the city where they lost housing, while
23 only 8 percent came from out-of-state. In addition, three-quarters
24 of the homeless population of the County of Los Angeles lived in
25 the region before becoming homeless.
26 (� About 1,300,000 California renters are considered "extremely
27 low income," making less than twenty-five thousand dollars
28 ($25,000) per year.
29 (m) In many parts of the state, many lower income residents
30 are severely cost burdened, paying over 50 percent of their income
31 toward housing costs. One small financial setback can push these
32 individuals and families into homelessness.
33 (n) The Legislature has made the following investments in
34 affordable housing and homelessness response:
35 (1) In 2016, the Legislature passed and the voters approved
36 Proposition 63, known as the Mental Health Services Act, which
37 generates two billion dollars ($2,000,000,000) per year for mental
38 health services that can be used for people experiencing
39 homelessness.
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(2) In 2017, Senate Bill 2 (Chapter 364 of the Statutes of 2017)
established a recording fee for real estate documents that has
generated three hundred fifty million dollars ($350,000,000) per
year since its creation. Beginning this year, 70 percent of funds
from the recording fee go directly to counties to use to address
affordable housing and homelessness.
(3) In 2017, the Legislature passed No Place Like Home to
authorize the use of two billion dollars ($2,000,000,000) in
Proposition 63 revenues in bonds for supportive housing for
chronically homeless individuals with mental illness.
(4) In 2018, the Legislature passed and the voters approved
Proposition 1, which authorized three billion dollars
($3,000,000,000) in general fund bonds to increase the supply of
affordable housing around the state.
(5) Local governments have also passed general obligation
bonds to fund affordable housing, supportive housing, and
emergency shelters:
(A) In 2016, the voters of the City of Los Angeles passed
Measure HHH, which authorizes 1.2 billion dollars
($1,200,000,000) to fund the construction of 10,000 supportive
housing units.
(B) In 2019, the City and County of San Francisco passed
Proposition A, which authorized six hundred million dollars
($600,000,000) to support the creation of affordable housing.
(C) In 2019, the City and County of San Francisco passed
Proposition C, which authorizes a tax on gross receipts of business
with incomes of fifty million dollars ($50,000,000) or more to
fund affordable housing, supportive housing, and legal assistance
programs.
(6) The Legislature has also made policy changes to allow for
siting and building emergency shelters, affordable housing, and
supportive housing:
(A) In 2017, the Legislature passed Senate Bill 35 (Chapter 366
of the Statutes of 2017), which created a streamlined process for
housing developments that include a percentage of affordable
housing.
(B) In 2018, the Legislature passed Assembly Bill 2162 (Chapter
753 of the Statutes of 2018), which established a streamlined
process for supportive housing developments.
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I (C) In 2018, the Legislature authorized five hundred million
2 dollars ($500,000,000) for the Homeless Emergency Aid Program
3 to provide local governments with flexible block grant funds to
4 address their immediate homelessness challenges.
5 (D) In 2019, the Legislature passed Assembly Bill 101 (Chapter
6 159 of the Statutes of 2019), which streamlines navigation centers
7 that provide emergency shelter and services to people experiencing
8 homelessness.
9 (E) In 2019, the Legislature authorized six hundred fifty million
10 dollars ($650,000,000) for the Homeless Housing, Assistance, and
II Prevention Program one-time block grant that provides local
12 jurisdictions with funds to support regional coordination and
13 expand or develop local capacity to address their immediate
14 homelessness challenges.
15 (o) State and local government at all levels should be held
16 responsible for responding to homelessness and providing
17 permanent housing for the unsheltered. In order to ensure state
18 and local jurisdictions are making best use of existing resources,
19 and to determine the additional resources needed to substantially
20 reduce unsheltered homelessness in California, a statewide gaps
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24 , affor
25 hottsing, GaIWORKS, Federal resottrees, itteluding the Community
26 Development Bloek Grant, Ftmergettey Shelter Grants, and ftttids
27 awarded by the Depat4ment of Housing and Urban Developmett
28 to eontitittaffis of Bare and other resorrrreegthat eou a i�u ae airrrti c�a
29 to get people indoors. the state should work with local communities
30 to determine the appropriate roles of each level of government.
31 (p) To identify the types and levels of interventions the state
32 currently provides, and to arrive at strategies the state will pursue
33 to solve homelessness, the state must conduct a state gaps analysis.
34 The analysis should include an assessment of existing resources,
35 gaps in interventions needed to solve homelessness, and a financial
36 analysis of the costs offilling those gaps at a state level.
37 (p)
38 (q) There are few other areas of important public policy where
39 government efforts to achieve a compelling societal objective are
40 voluntary.
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I �q)
2 (r) The state required the state's utilities and public agencies to
3 meet a timetable for increasing their use of renewable energy, and
4 the state is achieving dramatic results.
5 (t)
6 (s) Government at all levels should be obligated to spend
7 existing resources in the most efficient and expeditious manner to
8 reduce homelessness.
9 SEC. 2. Section 11552 of the Government Code is amended
10 to read:
11 11552. (a) Effective January 1, 1988, an annual salary of
12 eighty-five thousand four hundred two dollars ($85,402) shall be
13 paid to each of the following:
14 (1) Commissioner of Business Oversight.
15 (2) Director of Transportation.
16 (3) Real Estate Commissioner.
17 (4) Director of Social Services.
18 (5) Director of Water Resources.
19 (6) Director of General Services.
20 (7) Director of Motor Vehicles.
21 (8) Executive Officer of the Franchise Tax Board.
22 (9) Director of Employment Development.
23 (10) Director of Alcoholic Beverage Control.
24 (11) Director of Housing and Community Development.
25 (12) Director of Alcohol and Drug Programs.
26 (13) Director of Statewide Health Planning and Development.
27 (14) Director of the Department of Human Resources.
28 (15) Director of Health Care Services.
29 (16) Director of State Hospitals.
30 (17) Director of Developmental Services.
31 (18) State Public Defender.
32 (19) Director of the California State Lottery.
33 (20) Director of Fish and Wildlife.
34 (21) Director of Parks and Recreation.
35 (22) Director of Rehabilitation.
36 (23) Director of the Office of Administrative Law.
37 (24) Director of Consumer Affairs.
38 (25) Director of Forestry and Fire Protection.
39 (26) The Inspector General pursuant to Section 6125 of the
40 Penal Code.
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1 (27) Director of Child Support Services.
2 (28) Director of Industrial Relations.
3 (29) Director of Toxic Substances Control.
4 (30) Director of Pesticide Regulation.
5 (31) Director of Managed Health Care.
6 (32) Director of Environmental Health Hazard Assessment.
7 (33) Director of California Bay -Delta Authority.
8 (34) Director of California Conservation Corps.
9 (35) Director of Technology.
10 (36) Director of Emergency Services.
11 (37) Director of the Office of Energy Infrastructure Safety.
12 (38) The Housing and Homelessness Inspector General.
13 (b) The annual compensation provided by this section shall be
14 increased in any fiscal year in which a general salary increase is
15 provided for state employees. The amount of the increase provided
16 by this section shall be comparable to, but shall not exceed, the
17 percentage of the general salary increases provided for state
18 employees during that fiscal year.
19 SEC. 3. Section 12804 of the Government Code is amended
20 to read:
21 12804. (a) There is in the state government the Business,
22 Consumer Services, and Housing Agency.
23 (b) The Business, Consumer Services, and Housing Agency
24 shall consist of the following: the Department of Consumer Affairs,
25 the Department of Real Estate, the Department of Housing and
26 Community Development, the Department of Fair Employment
27 and Housing, the Department of Business Oversight, the
28 Department ofAlcoholic Beverage Control, the Alcoholic Beverage
29 Control Appeals Board, the California Horse Racing Board, the
30 Alfred E. Alquist Seismic Safety Commission, and the Office of
31 the Housing and Homelessness Inspector General.
32 (c) This section shall become operative on July 1, 2018.
33 SEC. 4. Section 8257.1 is added to the Welfare and Institutions
34 Code, to read:
35 8257.1. (a) Upon appropriation by theme Legislature,
36 or upon receiving technical assistance offered by the federal
37 Department of Housing and Urban Development, if available, the
38 coordinatingeoutteil council, or an entity the council contracts
39 with for this purpose, shall do all of the following:
40 ,
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1 (1) Conduct a statewide needs and gaps analysis that will do
2 both all of the following:
3
4
5 (A) T-hetnajot!ftttiditigstt!eaffissttppot!titigpt!ogt!atnsfot!peop4t
6 , whieh are
7 literal hotnelessness, intmittently at risk of hotnelesstless,—ttitd
8 ffeeing or attenVting to iqee dotnestie violettee,
9 , and the
10 supportive ease ftiattagetnent, tnental health,
11 serviees slots,
12 , and the
13 itteidettee rates of Federal HUD hotneless subpopulations.
14 ,
15 itteluding estitnates of itiffow into hotnelessness, itteludiftg
16 state ftttided institatiottal settings that diseharge people into
17 ,
18 rate of returtis to hotnelessness, and other Federal 1114D Sy*etn
19 Perfortnattee Measures, disaggregated by raee.
20 , and the
21 assoeiated eosts For those interventions,
22 .
23 This shall itte ud a fittatteial el that will ttedsor
24 investtnettt itt eapital and For eoverage of antittal operating,
25 assistattee, and serviees eosts.
26 (A) Identify programs in the state that provide housing or
27 services to persons experiencing homelessness and describe all of
28 the followingfor each program to the extent that data is available:
29 (i) The amount of funding the program receives each year and
30 funding sources for the program.
31 (ii) The number of persons the program serves each year.
32 (iii) The types of housing and services provided to the persons
33 the program serves each year
34 (iv) Limitations, if any, on the length of stay for housing
35 programs and length of provision of services for service programs.
36 (v) If applicable, reasons for the unavailability of data.
37 (B) Identify the total number and type of permanent housing
38 beds, units, or opportunities available to persons experiencing
39 homelessness statewide and in geographically diverse regions
40 across the state.
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1 (C) Analyze the need for permanent housing opportunities,
2 including, but not limited to, supportive housing, rapid rehousing,
3 and affordable housing.
4 (D) Analyze the need for services to assist persons in exiting
5 homelessness and remaining housed.
6 (E) Identify the number of and types of interim interventions
7 available to persons experiencing homelessness in geographically
8 diverse regions across the state. The data shall also include, but
9 is not limited to, all of thefollowing:
10 (i) The number of year-round shelter beds.
11 (ii) The average length of stay in or use of interim interventions,
12 to the extent data is available.
13 (iii) The exit rate from an interim intervention to permanent
14 housing, to the extent data is available.
15 (F) Analyze the need for additional interim interventions and
16 funding needed to create these interventions, taking into
17 consideration the ideal length of stay in or use of the intervention.
18 (G) Identify state funded institutional settings that discharge
19 persons into homelessness, and the total number of persons
20 discharged into homelessness from each of those settings, to the
21 extent data is available. If data is unavailable, the entity conducting
22 the analysis may extrapolate from national, local, or statewide
23 estimates on the number or percentage of people discharged from
24 speck institutional settings into homelessness.
25 (H) Collect data on the numbers and demographics of persons
26 experiencing homelessness, including, but not limited to, the extent
27 data is available, race and gender demographics, in all of the
28 following circumstances:
29 (i) As a young adult.
30 (ii) As an unaccompanied minor.
31 (iii) As a single adult experiencing chronic homelessness and
32 nonchronic homelessness.
33 (iv) As an adult over 50 years of age.
34 (v) As a domestic violence survivor.
35 (vi) Asa veteran.
36 (vii) Asa person on parole or probation.
37 (viii) As a member of a family experiencing either chronic or
38 nonchronic patterns of homelessness.
39 (I) Collect data, to the extent data is available, on exits from
40 homelessness to housing, including, but not limited to, the number
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1 of people moving into permanent housing and the type of housing
2 being accessed, the type of interventions people exiting
3 homelessness received, if any, and racial and gender
4 characteristics of people accessing each type of housing and
5 receiving each type of intervention.
6 (J) To the extent data is available, assess a sampling of data
7 provided by local jurisdictions regarding the number of people
8 experiencing homelessness who accessed interim interventions,
9 including, but not limited to, shelters, recuperative care, and motels
10 and hotels, in response to the COVID-19 pandemic, and the number
11 ofpeople who were able to access permanent housing on or before
12 the expiration of interim assistance. The assessment shall include
13 the number and racial identification of people experiencing
14 homelessness who sheltered in place or were quarantined during
15 the COVID-19 pandemic and the number and racial identification
16 of people experiencing homelessness who were able to access
17 permanent housing on or before the expiration of temporary
18 assistance, as well as the type of housing accessed.
19 (K) Create a financial model that will assess needs for
20 investment in capital, in operating supports in project -based
21 housing, in rental assistance with private -market landlords, and
22 in services costs for purposes of moving persons experiencing
23 homelessness into permanent housing.
24 (2) (A) For purposes of collecting data to conduct the analysis
25 pursuant to paragraph (1), evaluate all available data, including,
26 but not limited to, data from agencies and departments other than
27 the council, statewide and local homeless point -in -time counts and
28 housing inventory counts, and available statewide information on
29 the number or rate of persons exiting state funded institutional
30 settings into homelessness.
31 (B) To the extent speck data is unavailable for purposes of
32 subparagraph (A), the council may calculate estimates based on
33 national or local data. The council shall only use data that meets
34 either of the following requirements:
35 (i) The data is from an evaluation or study from a third -party
36 evaluator or researcher and is consistent with data from
37 evaluations or studies from other third -party evaluators or
38 researchers.
39 (ii) A federal agency cites and refers to the data as
40 evidence -based.
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1 (3) Seek input from the council's members on the direction of,
2 design of data collection for, and items to he included in the
3 analysis conducted pursuant to paragraph (1).
4 (b) For purposes of collecting data pursuant to paragraph (1)
5 of subdivision (a), and upon—+ke appropriation that ittel a
6 eoverage of eosts, pursuant to subdivision (a) to fund costs or upon
7 the provision of technical assistance by the federal Department of
8 Housing and Urban Development, a local government may
9 collaborate with the coordinatingeoutteil council or the entity
10 conducting the statewide analysis to do both of the following:
11 (1) If available, share existing data from local gaps or needs
12 analyses to inform statewide data.
13 (2) Provide data for
14 conducting needs analyses in a sampling of up to six geographically
15 diverse regions to inform statewide data. The council or other
16 entity conducting the statewide analysis may extrapolate data from
17 these local data analyses to inform the statewide analysis.
18 (e) (1) For purposes of eolleeting data pursttatit to subdi
19 , but no
20 litnited to, Homeless Management itiformation System (!+N"
21 data and repoi4s, data From othet and departments,
22 statewide and loeal homeless point itt time eounts and ho i _
23 inventory eounts,
24 number or rate of persons exiting state ftttided institational setfiftp
25 into homelessness.
26 (2) To the extent speeifie data is unavaila-ble for putpos
27 , the eoutteil may ealettlate estimates based o
28 national or loeal data. The eoutteil shall ottly ttse data that meets
29
either of the f-ollowing requirements-
30 (A) The data is From att evaittation or study IfTom a third ai4y
32 .
33 (B) A Federal agettey eites and refers to the data as
34 evidettee based.
35 ,
36 design of data eolleetion for, and items to be itteluded itt the
37
38 (e)
39 (c) RepoftThe council shall report on the final needs and gaps
40 analysis by July 31, 2021, to the Assembly Committee on Housing
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1 and Community Development, the Assembly Committee on
2 Budget, Senate Committee on Housing, and Senate Committee on
3 Budget and Fiscal Review. The report submitted pursuant to this
4 paragraph shall comply with Section 9795 of the Government
5 Code.
6 (d) For purposes of this section, all of the following definitions
7 apply:
8 (1) "Chronic homelessness " has the same definition as that in
9 Section 578.3 of Title 24 of the Code of Federal Regulations, as
10 that section read on January 1, 2020.
11 (2) `Interim interventions " include, but are not limited to,
12 year-round shelter beds, recuperative care beds, and motel
13 vouchers.
14 (3) "State funded institutional settings " include, but are not
15 limited to, justice, juvenile justice, child welfare, and health care
16 settings.
17 (4) "Young adult" means a person 18 to 24 years of age,
18 inclusive.
19 SEC. 5. Section 8257.2 is added to the Welfare and Institutions
20 Code, to read:
21 8257.2. (a) Notwithstanding any other law, for purposes of
22 designing, collecting data for, and approving the needs and gaps
23 analysis described in Section 8257.1, a state department or agency
24 that has a member on the coordinating council shall, within 180
25 days of a request for data pertaining to that state department or
26 agency, provide to the council, or the entity conducting the
27 analysis, the requested data, including, but not limited to, the
28 number or rate of persons exiting state -funded institutional settings
29 into homelessness.
30 (b) The state department or agency shall remove any personally
31 identifying data provided pursuant to subdivision (a), if any.
32 (c) For purposes of this section, the following definitions apply:
33 (1) "Personally identifying information" has the same meaning
34 as that in Section 1798.79.8 of the Civil Code.
35 (2) "State -funded institutional settings" include, but are not
36 limited to, justice, juvenile justice, child welfare, and health care
37 settings.
38 SEC. 6. Chapter 6.6 (commencing with Section 8258) is added
39 to Division 8 of the Welfare and Institutions Code, to read:
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CHAPTER 6.6. HOUSING AND HOMELESSNESS INSPECTOR
GENERAL
8258. For purposes of this chapter:
(a) "Department" means the Department of Housing and
Community Development.
(b) "Inspector general" means the Housing and Homelessness
Inspector General.
(c) "Local agency" means a county or city and county.
(d) "Office" means Office of the Housing and Homelessness
Inspector General.
(e) "State department or agency" means state agency or
department that administers a state program to address
homelessness.
8258.1. (a) There is in state government the Office of the
Housing and Homelessness Inspector General as an independent
office within the Business, Consumer Services, and Housing
agency. The office shall be under the supervision of the Housing
and Homelessness Inspector General.
(b) The inspector general shall be appointed by, and hold office
at the pleasure of, the Governor. The appointment of the inspector
general is subject to confirmation by the Senate.
(c) The inspector general shall receive an annual salary as set
forth in Section 11552 of the Government Code.
(d) The inspector general shall have all of the following
responsibilities:
(1) Oversee the implementation of this chapter.
(2) Monitor the implementation and progress of state and local
agency plans adopted pursuant to Section 8258.3.
(3) Provide technical assistance to state and local agencies in
complying with this chapter.
(4) Audit state and local agencies to determine compliance with
adopted plans.
(5) Bring actions against a state or local agency to compel
compliance with their respective adopted plans pursuant to Section
8258.3.
(6) Investigate complaints and issue civil penalties pursuant to
Section 8258.5.
8258.2. (a) It is the intent of the Legislature that each state
and local agency shall aim to reduce homelessness in their
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1 jurisdiction by 90 percent by December 31, 2028, based on the
2 2019 homeless point -in -time count pursuant to Section 578.3 of
3 Title 24 of the Code of Federal Regulations.
4 (b) It is the intent of the Legislature that a state or local agency
5 is only accountable under this chapter for reducing homelessness
6 to the extent that it has available resources to address homelessness,
7 and that the state or local agency should not be required to expend
8 additional funds not contained in its actionable plan in order to
9 meet the benchmark goal set by the department.
10 (c) No later than December 31, 2021, each county shall submit
11 to the department a county -level plan for meeting speck annual
12 benchmarks with city and homeless continuum of care
13 participation, approved by each participating jurisdiction's or
14 homeless continuum of care's governing body.
15 (1) The plan for meeting speck annual benchmarks shall
16 include both of thefollowing:
17 (A) A gaps analysis that does both of thefollowing:
18 (i) Assesses key indicators of statewide homeless system
19 performance, including estimates of inflow into homelessness,
20 including state funded institutional settings that discharge people
21 into homelessness, exits to permanent housing, length of time of
22 homelessness, rate of returns to homelessness, and other federal
23 Department of Housing and Urban Development System
24 Performance Measures, disaggregated by race.
25 (ii) Quantifies the needfor interim, affordable, rapid rehousing,
26 and supportive housing interventions, and the associated costs for
27 those interventions, to achieve a 90 percent reduction in
28 population -level homelessness by December 31, 2028. This shall
29 include a financial model that will assess needs for investment in
30 capital and for coverage of annual operating, rental assistance,
31 and services costs.
32 (B) An assessment of appropriate roles for the cities, the county,
33 and the homeless continuum of care to site housing and establish
34 zoning, to fund affordable and supportive housing, to fund rapid
35 rehousing, to fund interim interventions, to fund services, to
36 establish and run coordinated entry systems, to promote health
37 and services access, and to establish protocols to avoid discharges
38 from institutional systems into homelessness.
39 (2) A county may use an existing gaps analysis or plan to full
40 the requirements of this subsection, if approved by each
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1 participating jurisdiction's or homeless continuum of care's
2 governing body, and if entered into no earlier than three years
3 prior to submission to the department.
4 8258.3. (a) (1) The department shall, based on the gap analysis
5 conducted pursuant to subdivision (c) of Section-82-5-�, 8258.2,
6 set a benchmark goal to reduce homelessness for each state and
7 local agency. The benchmark goal shall establish a minimum
8 percentage reduction of homelessness goal within the state or local
9 agency's jurisdiction by December 31, 2028, based on the 2019
10 homeless point -in -time count pursuant to Section 578.3 of Title
11 24 of the Code of Federal Regulations.
12 (2) The department shall establish annual homelessness
13 reduction benchmarks for each state and local agency that require
14 progress toward the benchmark goal established pursuant to
15 paragraph (1).
16 (b) (1) On or before January 1, 2022, each state and local
17 agency shall develop an actionable plan to achieve the benchmark
18 goal set pursuant to subdivision (a).
19 (2) The plan shall include all of the following:
20 (A) A description and the amount of all funding sources that
21 the state or local agency, and any incorporated jurisdiction and
22 continuum of care within the local agency, has earmarked or
23 committed to addressing homelessness, mental illness, and
24 substance abuse within their jurisdiction.
25 (B) The estimated amount of additional funding needed to meet
26 the homelessness reduction goal described in subdivision (a).
27 (C) Timelines for the state or local agency to utilize the funding
28 identified in subparagraph (A).
29 (D) Specific actions that the state or local agency will take to
30 meet the goal established in subdivision (c), taking into account
31 funding limitations in subparagraph (B), by reducing the number
32 of individuals who are experiencing homelessness in the relevant
33 jurisdiction by moving individuals into permanent housing and
34 ensuring the adequate provision of related social services to achieve
35 and maintain that housing.
36 (E) Specific roles and responsibilities that each jurisdiction will
37 assume to meet the benchmark goal established in subdivision (a),
38 to ensure collaboration, leverage resources, and avoid the
39 duplication of services and efforts.
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I (F) A plan may identify innovation projects to test new policies
2 or programs that are designed to help the local agency meet its
3 benchmark goal by reducing costs, leveraging additional resources,
4 or increasing performance, such as by increasing housing exits,
5 reducing returns to homelessness, and reducing the length of time
6 experiencing homelessness.
7 (3) A local agency developing a plan pursuant to this
8 subdivision, and any incorporated jurisdiction implicated in the
9 plan pursuant to subparagraphs (A) and (E) of paragraph (2), shall
10 adopt the plan by resolution.
11 (4) On or before January 1, 2022, each state and local agency
12 subject to this section shall transmit the adopted plan to the
13 department.
14 (5) Each state and local agency shall submit an annual progress
15 report to the department that details the progress and
16 implementation of the adopted plan and any amendments proposed
17 to the plan. Amendments to a plan shall be reviewed by the
18 department pursuant to subdivision (c).
19 (c) (1) Upon receipt of a plan adopted pursuant to subdivision
20 (b), the department shall review the plan and provide feedback
21 and recommended revisions to the state or local agency.
22 (2) A state or local agency that receives recommended revisions
23 to their plan from the department shall either adopt the
24 recommended revisions, or adopt findings as to why the revisions
25 are not needed.
26 (d) (1) The department shall monitor the progress of each state
27 or local agency required to adopt and implement a plan pursuant
28 to subdivision (b). If the department determines that a state or local
29 agency has not adopted an actionable plan pursuant to subdivision
30 (b), or has failed within a reasonable time after adoption of a plan
31 to make progress in accordance with that plan, the department
32 shall notify the state or local agency and the inspector general that
33 the state or local agency is not in substantial compliance with
34 subdivision (b).
35 (2) If new resources are identified in a progress report submitted
36 pursuant to paragraph (5) of subdivision (b), the department may
37 revise a benchmark goal established pursuant to subdivision (a).
38 8258.4. (a) On or after January 1, 2022, the inspector general
39 may bring an action against a state or local agency to compel
40 compliance with Section 8258.3 pursuant to Section 1085 of the
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1 Code of Civil Procedure. In determining whether to bring an action,
2 the inspector general shall consider population -level reductions in
3 homelessness, as measured by the homeless point -in -time count,
4 as the primary indicator of benchmark goal compliance, but may
5 also consider the state or local agency's demonstrated progress
6 towards HUD System Performance Measures.
7 (b) An action against a state agency pursuant to this section
8 shall be brought in the Superior Court of the County of Sacramento.
9 An action against a county pursuant to this section shall be brought
10 in the superior court for that county, and an action brought against
11 a city pursuant to this section shall be brought in the superior court
12 for the county in which the city is located.
13 (c) (1) If, in an action brought pursuant to this section, the court
14 finds that the applicable state or local agency has not substantially
15 complied with Section 8258.3, the inspector general may request
16 that the court issue an order or judgment directing the state or local
17 agency to substantially comply with this section by taking any of
18 the following actions:
19 (A) In the case of a state or local agency that has failed to adopt
20 an actionable plan within the time period specified in subdivision
21 (b) of Section 8258.3, adopt a plan in accordance with this section.
22 (B) Dedicate the resources identified in the plan, consistent with
23 applicable state or federal law, to reduce the number of individuals
24 who are experiencing homelessness within the jurisdiction of the
25 state or local agency.
26 (C) Coordinate with other state or local agencies to reduce the
27 number of individuals who are experiencing homelessness.
28 (D) Pool resources identified in the plan, consistent with
29 applicable state or federal law, with the resources of other
30 jurisdictions in order to address regional challenges to reducing
31 homelessness.
32 (E) Require jurisdictions within local agencies to rezone sites
33 to permit the construction of housing and emergency shelters.
34 (F) Order a jurisdiction to otherwise comply with the roles
35 identified in subdivision (b) of Section 8258.3.
36 (2) The remedies available to a court that finds that the
37 applicable state or local agency has not substantially complied
38 with Section 8258.3 shall be limited to those described in paragraph
39 (1).
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1 (3) If the court issues an order or judgment pursuant to paragraph
2 (1), it shall retain jurisdiction for no more than 12 months to ensure
3 that its order or judgment is carried out.
4 (4) If the local agency has identified an innovation project in
5 their local plan pursuant to Section 8258.3, it shall be exempt from
6 any action described in paragraph (1) if that project fails to meet
7 goals as stated in the approved plan.
8 (5) An order or judgment of the court pursuant to paragraph (1)
9 may be reviewed in the manner prescribed in Title 13 (commencing
10 with Section 901) of Part 2 of the Code of Civil Procedure.
11 Notwithstanding any other law, an appeal pursuant to this
12 paragraph shall be heard on an expedited basis.
13 8258.5. (a) A state or local agency shall not deliberately and
14 intentionally transport a homeless individual to a different
15 jurisdiction in order to reduce the number of homeless individuals
16 within its jurisdiction.
17 (b) Any person may file a complaint with the inspector general
18 that a state or local agency violated subdivision (a).
19 (c) (1) The inspector general shall investigate a complaint
20 received pursuant to subdivision (a).
21 (2) After investigating a complaint, the inspector general shall
22 impose on any state or local jurisdiction that is found to have
23 violated subdivision (a) a civil penalty in an amount not to exceed
24 ten thousand dollars ($10,000) per individual transported outside
25 of the jurisdiction.
26 SEC. 7. If the Commission on State Mandates determines that
27 this act contains costs mandated by the state, reimbursement to
28 local agencies and school districts for those costs shall be made
29 pursuant to Part 7 (commencing with Section 17500) of Division
30 4 of Title 2 of the Government Code.
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