BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2064
                                                                  Page  1

          Date of Hearing:   May 5, 2010 

               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
                                 Norma Torres, Chair
            AB 2064 (John A. Perez and Bass) - As Amended:  April 26, 2010
           
          SUBJECT  :   Emergency Housing Shelter Operations Grant Account:  
          notice of funding availability. 

           SUMMARY  :  Requires the Department of Housing and Community  
          Development (HCD) to release a Notice of Funding Availability  
          (NOFA) for the Emergency Housing Assistance Program (EHAP).   
          Specifically,  this bill  :  

          1)Requires the Department of Finance (DOF) to determine how much  
            General Fund money is available in the Emergency Housing  
            Shelter Operations Grant Account within the Emergency Housing  
            and Assistance Fund.   

          2)Requires HCD to issue a NOFA for EHAP no later than 30 days  
            after this bill is enacted indicating the amount available for  
            the NOFA, as determined by DOF.  

          EXISTING LAW  

          1)Creates EHAP to encourage the provision of shelter to homeless  
            persons and the move of homeless persons from shelters to a  
            self-supporting environment as soon as possible (Health and  
            Safety Code Section 50800).

          2)Creates the Emergency Housing and Assistance Fund within the  
            State Treasury, with all money in the fund continuously  
            appropriated to HCD to carry out the purposes of EHAP (Health  
            and Safety Code Section 50800.5).

          3)Allows grants awarded by HCD under EHAP to be used for various  
            eligible activities, including, but not limited to, the  
            following:

             a)   Operating facilities, including, but not limited to,  
               operations staff salaries, maintenance, repair, utilities,  
               equipment, and debt reduction;

             b)   Providing for capital development programs, such as  
               acquisition, leasing, construction, and rehabilitation of  








                                                                  AB 2064
                                                                  Page  2

               sites for emergency shelter and transitional housing for  
               homeless persons;

             c)   Administrative costs;

             d)   Operating expenses relating to supervising and  
               counseling clients;

             e)   Providing residential rental assistance; and

             f)   Leasing or renting rooms for provision of temporary  
               shelter. 

            (Health and Safety Code Section 50803)
           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

          HCD administers EHAP to help finance emergency shelters and  
          transitional housing and provide supportive services for  
          homeless individuals and families.  The program provides two  
          separate types of assistance: grants to cover a portion of a  
          facility's operating costs (called EHAP-OG for operations  
          grants) and forgivable loans for the construction,  
          rehabilitation, and expansion of facilities (called EHAP-CD for  
          capital development).  

          EHAP-OG is the only state-funded program that supports the  
          operational costs of emergency shelters and transitional  
          housing.  Historically, the program has been funded from the  
          General Fund at a level of $4 million per year, providing  
          approximately 10 percent of the overall funding for local  
          homeless shelters.  However, the Legislature and governor last  
          appropriated funds to EHAP-OG in the 2007-2008 fiscal year.   
          Governor Schwarzenegger vetoed this funding from the 2008-2009  
          budget, and did not include money for the program in his  
          2009-2010 proposed budget.  The Assembly added in $4 million for  
          the program for 2009-2010, but it was removed in conference  
          committee.

          Housing California, which advocates for increasing the supply  
          and variety of decent, safe, and affordable housing for homeless  
          and low-income people, surveyed emergency shelters around the  
          state last year and found that California stands to lose  
          millions in federal funding as a result of eliminating state  








                                                                  AB 2064
                                                                  Page  3

          funding for EHAP-OG.  This is because local jurisdictions often  
          use EHAP-OG grants as a match for federal dollars available  
          through the Federal Emergency Shelter Program (FESG).  The  
          survey also showed a dramatic reduction in services at emergency  
          shelters throughout the state as a result of the elimination of  
          state funding.  According to the survey:

               Conservative estimates show that more than 25,000 fewer  
              people will be able to access emergency shelter services.   
              This number includes hundreds of families and thousands of  
              children.

               Fifty-eight percent of past grant recipients report the  
              necessity to lay off staff, resulting in further job losses  
              and increased demand for unemployment benefits. 

                 Rural areas are being particularly hard hit, as the EHAP  
               grants received by rural counties generally account for  
               larger portions of their emergency shelter budgets. 

                 Winter shelters are likely to be forced to close their  
               doors early or not open at all. 

                 Nearly 20 percent of shelters will be forced to close a  
               program and two shelters report they may have to close  
               permanently. 

                 In order to fill operating revenue gaps, emergency  
               shelters are growing more dependent on less-reliable  
               funding streams, such as private donations and local  
               government funds. 

          With the veto of funding in the FY 08-09 budget and no funding  
          in the FY 09-10 budget, this committee's understanding was that  
          there was no money available for EHAP.  However, the governor's  
          budget for the 2010-2011 fiscal year includes a sweep of $4.2  
          million from EHAF to the General Fund.  This money was  
          apparently in the fund even as the EHAP-OG program effectively  
          was being eliminated, but the Legislature was not made aware of  
          its existence. 

          AB 2064 requires HCD, no later than 30 days from enactment of  
          the bill, to issue a NOFA for the balance of funds currently  
          available in the Emergency Housing Assistance Program Shelter  
          Operations Grant Account.  The bill reaffirms the Legislature's  








                                                                  AB 2064
                                                                  Page  4

          past direction to HCD to make available the funds previously  
          appropriated by the Legislature for statewide shelter operations  
          grants without delay.  

           Urgency clause:
           The author would like to amend the bill to add an urgency clause  
          in order to expedite the issuance of the NOFA.

           Arguments in support
           
          According to the authors:

               "?for the past two years, over $4 million has stagnated in  
               [EHAF] instead of being made available to shelters across  
               the state to help Californians in need.
                
               The prevalence of homelessness in California because of the  
               national economic downturn has increased among some of our  
               state's most vulnerable populations, including children,  
               emancipated foster youth, the unemployed, and families  
               undergoing home foreclosure, individuals with mental health  
               and drug addiction issues, and veterans (who make up  
               approximately 20 percent of the state's homeless  
               population).  At a time when the need is so great,  
               emergency shelters find themselves dependent on diminishing  
               funding streams to keep their doors open.  
                
               It is critically important that these facility operations  
               grants be made available as soon as possible to alleviate  
               the plight of the many Californians who are currently  
               homeless and at-risk for homelessness."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Anya Lawler / H. & C.D. / (916)  
          319-2085