BILL NUMBER: AB 1177 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2010
AMENDED IN SENATE JULY 9, 2009
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 16, 2009
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Members Fong and Hill
(Coauthors: Assembly Members Blumenfield, Chesbro, Fuentes, Jones,
and Portantino)
(Coauthors: Senators DeSaulnier and Lowenthal)
FEBRUARY 27, 2009
An act to add Chapter 7 (commencing with Section 8260) to Division
8 of the Welfare and Institutions Code, relating to homelessness.
LEGISLATIVE COUNSEL'S DIGEST
AB 1177, as amended, Fong. Homelessness: Interagency Council on
Homelessness.
Under existing law, several agencies have prescribed
responsibilities relating to homeless persons.
This bill would , among other things, create
the California Interagency Council on Homelessness, composed of
specified members , to construct cross-agency and community
cooperation in responding to homelessness, use a more efficient and
supportive method in implementing evidence-based approaches to
address homelessness, and, to the extent possible, plan to end
homelessness in the state. This bill would also require the council
to submit any reports or documents that it creates, within 90 days of
being finalized by the council, to specified committees of the
Legislature and to perform other duties as prescribed
and performing duties, including preparation of a homelessness state
plan, updated every 2 years. It would permit the council to apply for
federal funding for its activities .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California has the highest rate of homelessness and the
highest ratio of homeless people per resident, with 360,000 people
sleeping on the streets or in shelters on any given night.
(b) Homelessness is traumatic for those who suffer it, often
leading to separated families, exacerbation of health conditions, a
rise in avoidable emergency room use, social and academic delays
among children, and greater likelihood of incarceration.
(c) Many people who lack permanent shelter and the ability to
access regular support ricochet through separate and expensive public
systems: overburdened corrections systems, overcrowded hospital
emergency rooms, mental health programs, substance abuse treatment
and detox facilities, shelters, and emergency housing. As a result,
people experiencing chronic homelessness use a disproportionate share
of state and local services.
(d) Innovative approaches across the nation and within California
show promise for reducing homelessness and the resulting impact on
state services.
(e) Changing the system and reducing homelessness requires
coordination and cooperation among federal, state, and local
governments, as well as private sector organizations.
(f) Creation of a statewide coordinating council is an important
and effective tool in supporting initiatives to end homelessness in
California.
(g) Creation of a statewide coordinating council would stem
avoidable costs of maintaining the number of homeless persons and
would, therefore, result in reducing avoidable costs to multiple
programs.
(h) Homelessness affects multiple systems in California, including
housing, mental health and substance abuse, education, corrections,
foster care, health care, and veterans services. Though most other
states have adopted a plan to end homelessness because of the cost
impact on all of these systems, California has not crafted a similar
plan. A codified, structured interagency council on homelessness
would help fill this gap.
(h) Homelessness affects multiple systems in California at a very
high public cost, including housing, mental health and substance
abuse, education, corrections, foster care, health care, and veterans
services. Reducing homelessness would produce cost savings for all
these systems. The state adopted a Ten-Year Chronic Homelessness
Action Plan in February 2010, but has no mechanism in place to assess
progress or hold state agencies accountable to the action steps in
the plan. A codified, structured interagency council on homelessness
would help fill this gap.
(i) In November 2005, Governor Schwarzenegger created the Governor'
s Homeless Chronic Homelessness
Initiative, which included plans to form an interagency coordinating
council to reduce homelessness. The Business, Transportation and
Housing Agency's 2005-10 Consolidated Plan further indicates the
importance of an interagency council on homelessness. Despite these
intentions, a council has not met regularly or publicly since the
Governor adopted his Homeless Chronic
Homelessness Initiative.
(j) California must give priority to developing consolidated,
coordinated, and cooperative approaches to issues of homelessness,
including, but not limited to, specific issues addressing homeless
youth, families, veterans, parolees, victims of domestic violence,
people with substance abuse or other mental health disorders, people
experiencing chronic homelessness, seniors, and disabled people.
(k) Working within current costs, a revitalized Interagency
Council on Homelessness will reduce duplication of efforts and the
costs of homelessness and will redirect resources to more effective
approaches, developing a more integrated system and eliminating
fragmentation. Other states have created interagency councils
without initial investment of resources.
(l) California is not accessing all of the federal funds for
homelessness that it should due to a lack of coordination among some
agencies. Thirty other states apply for funds through the
McKinney-Vento Homeless Assistance Programs. Application for these
funds could total millions of dollars, and requires state agency
collaboration.
SEC. 2. Chapter 7 (commencing with Section 8260) is added to
Division 8 of the Welfare and Institutions Code, to read:
CHAPTER 7. CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS
8260. For purposes of this chapter, the following definitions
shall apply:
(a) "Council" means the California Interagency Council on
Homelessness.
(b) "Stakeholder organization" means a nonprofit or faith-based
organization whose primary mission is to prevent or end homelessness,
to provide services or health care to people who are homeless, or to
create housing for people who are homeless.
8261. (a) There is hereby created in state government the
California Interagency Council on Homelessness with a mission to
construct cross-agency and community cooperation in responding to
homelessness, to use a more efficient and supportive method
in implementing evidence-based approaches to address homelessness,
and, to the extent possible, plan to end homelessness in the state.
and to identify and apply for increased federal
funding to respond to homelessness.
(b) The Governor shall designate a lead agency that shall
seek all available federal funding, including, but not limited to,
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.)
grant and technical assistance funds, for purposes of funding the
council and its activities. or representative from the
Governor's staff to direct the work of the council.
(c) The council shall seek all available federal funding,
including, but not limited to, McKinney-Vento Homeless Assistance Act
(42 U.S.C. Sec. 11301 et seq.) grant and technical assistance funds,
for purposes of funding the council and its activities.
(c)
(d) Membership of the council shall include all of the
following:
(1) At least one representative with decisionmaking authority from
each of the following:
(A) The State Department of Alcohol and Drug Programs.
(B) The Department of Community Services and Development.
(C) The Department of Corrections and Rehabilitation.
(D) The State Department of Education.
(E) The State Department of Health Care Services.
(F) The Department of Housing and Community Development.
(G) The California Housing Finance Agency.
(H) The State Department of Mental Health.
(I) The State Department of Social Services.
(J) The Department of Veterans Affairs.
(2) A representative of the Governor's office.
(3) A representative of local law enforcement or an organization
representing the interests of local law enforcement, to be appointed
by the Governor.
(4) A representative of county government or an organization
representing the interests of county government, to be appointed by
the Senate Committee on Rules.
(5) A representative of city government or an organization
representing the interests of city government, to be appointed by the
Speaker of the Assembly.
(A) The Department of Corrections and Rehabilitation.
(B) The Department of Housing and Community Development.
(C) The State Department of Mental Health.
(D) The State Department of Social Services.
(E) The Department of Veterans Affairs.
(2) Two representatives among local law enforcement, county or
city government, or organizations representing these interests. One
representative appointed by the Senate Committee on Rules, and one
representative appointed by the Speaker of the Assembly.
(6)
(3) Representatives of two stakeholder organizations,
with one to be appointed by the Speaker of the Assembly and the other
to be appointed by the Senate Committee on Rules.
(7)
(4) Two people who have experienced homelessness, with
one to be appointed by the Speaker of the Assembly and the other to
be appointed by the Senate Committee on Rules.
(d)
(e) The council may, at its discretion, invite
stakeholders, people who have experienced homelessness, members of
philanthropic communities, and experts to participate in meetings or
provide information to the council.
(e)
(f) The Governor shall appoint a chairperson and
vice-chairperson from among the members of the council. Within
current costs, the council may establish working groups, task forces,
or other structures from within its membership or with outside
members to assist it in its work. Working groups, task forces, or
other structures established by the council shall determine their own
meeting schedules.
(f) Members of the council shall serve without compensation,
except that the representatives appointed pursuant to paragraph (7)
of subdivision (c) shall receive compensation if private,
philanthropic, or other nonstate funding resources are available. The
council may compensate council staff if the Legislature makes a
future appropriation, to operate, manage, or conduct the business of
the council.
(g) All reports or documents that the council creates shall be
submitted, within 90 days of being finalized by the council, to the
Senate Committee on Transportation and Housing, the Senate Committee
on Human Services, the Assembly Committee on Housing and Community
Development, and the Assembly Committee on Human Services. However,
nothing in this chapter shall be construed as requiring the council
to create a report or document.
(g) Members of the council shall serve without compensation,
except that consumer representatives shall receive minimal
compensation if private funds are available. State funds shall not be
used to compensate members of the council.
8262. (a) The council shall do all of the following:
(1) Hold public meetings at least once every quarter.
(2) Act as the lead for coordinating and planning the state's
response to homelessness, including, but not limited to, coordinating
funding that the state receives from the federal government for the
prevention or reduction of homelessness or for services delivered to
people who are homeless or at risk of homelessness.
(2) Provide an updated state plan to end homelessness every two
years and submit this plan to the Speaker of the Assembly and the
Senate Committee on Rules.
(b) The council may, but is not required to, do the following:
(1) Act as the lead for coordinating and planning the state's
response to homelessness if necessary as a requirement to apply for
federal funding sources.
(3)
(2) Discuss potential mechanisms for streamlining the
administration of programs across agencies and jurisdictions to
reduce duplication, consolidate availability of services, and ease
clients' access to services.
(4)
(3) Discuss potential mechanisms for streamlining
funding of homelessness programs to leverage existing resources more
effectively.
(5)
(4) Solicit input and suggestions from stakeholders,
the business community, the concerned public, and other governmental
agencies on the most effective strategies to address homelessness.
(6)
(5) Identify best practices from other states in
combating homelessness.
(7) Within current costs, or provided funding is available for
related costs, create a plan for council actions by the end of the
first year after the initial meeting, with annual review, to
implement recommendations for policy, regulatory, and resource
changes needed to accomplish objectives, as well as each agency's
responsibilities on the council.
(8) Within current costs, or provided funding is available for
related costs, and within three years of the initial meeting of the
council, adopt a plan to reduce or end homelessness.
(9) Discuss potential improvements or plans for discharge of
people likely to become homeless after leaving institutions,
including, but not limited to, prisons, crisis health care
facilities, and foster care.
(10) Gather needs assessments from local jurisdictions that are
currently required to submit needs assessments to a state agency,
including, but not limited to, city housing elements and community
continuation of care.
(11) Not later than January 1, 2015, create a centralized database
on homelessness, provided federal funds or other nonstate moneys are
available for that purpose.
(12) Not later than January 1, 2017, assist in the coordination of
a statewide continuum of care, provided funds are available.
(13)
(6) Identify private and public funding partnerships.
(b)
(c) The council may engage or accept the services of
agency personnel, contract with nonprofit organizations, or employ
council staff to operate, manage, or conduct the business of the
council, provided that only if these services
are provided by private, philanthropic, or other nonstate
funding resources are available for that
purpose, purpose or the Legislature makes a
future appropriation for that purpose.
8263. Except as otherwise provided in this chapter, the council
shall operate within the current budget of each department and agency
represented. Each department and agency shall cooperate with the
council and furnish it with information and assistance that is
necessary or useful to further the purposes of this chapter.