BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: ab 2064
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  J. Perez
                                                         VERSION: 5/6/10
          Analysis by: Mark Stivers                      FISCAL:  yes
          Hearing date: June 29, 2010                    URGENCY:  YES






          SUBJECT:

          Emergency Housing Assistance Program funds

          DESCRIPTION:

          This bill requires the Department of Housing and Community  
          Development, no later than 30 days after the effective date of  
          the bill, to issue a notice of funding availability for the full  
          balance of funds available to the Emergency Housing Assistance  
          Program.

          ANALYSIS:

          The Emergency Housing Assistance Program (EHAP), administered by  
          the Department of Housing and Community Development (HCD),  
          provides grants to cover partially the operating costs of  
          emergency shelters, transitional housing, and supportive  
          services for homeless individuals.  

          Where HCD has recognized a designated local board (DLB)  
          comprised of local government and social service  
          representatives, the DLB solicits and reviews applications and  
          selects grantees from among eligible applications in their  
          region consistent with the DLB's adopted 1ocal emergency shelter  
          strategy.  HCD reviews applications and selects grantees in  
          areas not covered by a DLB.  Pursuant to statute, HCD reserves  
          eighty percent of funds for urban counties and twenty percent  
          for rural counties.  Within these setasides, HCD allocates funds  
          by county based on a formula including unemployment rates and  
          the number of persons living in poverty, with each county  
          receiving a minimum grant of $10,000.

          Because EHAP grants fund operation costs rather than capital  
          costs, the Legislature has historically funded this program with  




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          General Fund revenues.  Legislative appropriations to the EHAP  
          Program are deposited in the Emergency Housing Assistance Fund  
          (EHAF).  In 2000, the Legislature appropriated $14 million for  
          this program.  Funding dropped to $5.3 million per year in 2002  
          and 2003 and again to $4 million per year from 2004 through  
          2007.  It is estimated that at the $4 million per year level,  
          EHAP funding made 25,000 shelter nights available per year for  
          individuals and families with children.  In each of these years,  
          HCD awarded the full amount of appropriated funds, but as some  
          programs that received awards fell through, "disencumbrances"  
          accrued to the fund.  Instead of re-awarding these disencumbered  
          amounts, HCD allowed the money to sit in the fund and used the  
          interest earned to support its EHAP program costs.  

          In 2008 and 2009, Governor Schwarzenegger line-item vetoed the  
          Legislature's budget appropriations for the EHAP Program.   
          Although $4.2 million had accumulated in the EHAF Fund, HCD  
          complied with the governor's order to restrict spending from any  
          source and did not make, nor since has made, these funds  
          available.  For this year's budget, the governor has proposed  
          transferring all of the funds on account in the EHAF back to the  
          General Fund.  As of January 31, the balance of the account is  
          $4.7 million.   

           This bill  requires the Department of Finance to determine the  
          amount of General Fund moneys in EHAF and requires HCD, no later  
          than 30 days after the effective date of the bill, to issue an  
          EHAP notice of funding availability for this amount.
          
          COMMENTS:

           1.Purpose of the bill  .  According to the author, California has  
            the highest homeless population, and in the mist of high  
            unemployment and a tough economy many more Californians find  
            themselves at-risk for homelessness.  Local governments,  
            community organizations, and religious groups are trying their  
            best to respond to the increased demand for providing shelter  
            for the homeless.  The state can and must do its part.  HCD  
            currently sits on $4.7 million that the Legislature has  
            already appropriated by the Legislature for this purpose, but  
            HCD has not made these funds available.  This bill requires  
            HCD to make the EHAP funds available immediately in order to  
            alleviate the plight of the many Californians who are  
            currently homeless or at-risk of homelessness.  

           2.Impact of cuts  .  According to a survey of 64 homeless service  




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            providers conducted by the sponsor, Housing California, the  
            lack of EHAP funding available over the last two years has had  
            the following results: 

                 25,000 fewer people were able to access emergency  
               shelter services; 
                 Rural areas were significantly impacted, because state  
               shelter grants make up a larger portion of rural counties'  
               emergency shelter operating budgets; 
                 Nearly twenty percent of former EHAP recipients were  
               forced to close a program and/or shut down permanently.  
                 Many winter shelters were forced to close their doors  
               early or not open at all.
                 Fifty-eight percent of past grant recipients reported  
               the necessity to lay off staff, resulting in further job  
               losses and increased demand for unemployment benefits.
                 The lack of state funding threatened the loss of  
               millions in federal funding because local jurisdictions  
               often use EHAP grants as a match for Federal Emergency  
               Shelter Program grants.  

           1.Budget Conference Committee action pending  .  As mentioned  
            above, Governor Schwarzenegger has proposed transferring all  
            of the funds on account in the EHAF back to the General Fund  
            as part of this year's budget.  This issue is currently before  
            the Budget Conference Committee.  In the event that the  
            conference committee approves the governor's proposal and the  
            budget is enacted prior to or within 30 days after enactment  
            of this bill, there will be no funds for HCD to make  
            available.  

           2.Require award date  ?  This bill requires HCD to issue notice of  
            funding availability within 30 days of the bill's enactment.   
            The bill does not, however, require HCD to make awards within  
            a certain time frame or even at all.  The committee may wish  
            to consider adding a deadline for HCD to award the funds  
            within 180 days of issuing the NOFA.

           3.Urgency statute  .  This bill is an urgency statute that would  
            take effect immediately upon the Governor's signature.  As  
            such, HCD would have only 30 days after signing to issue the  
            required notice of funding availability.  

           4.Technical amendment  .  On page 2, line 26 and page 3, line 1  
            strike "the Emergency Housing Shelter Operations Grant Account  
            within"




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          Assembly Votes:
               Floor:    60-16
               Appr: 12-5
               HCD:    8-1

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     June 23, 2010)

               SUPPORT:  Association of Bay Area Governments
                         Berkeley Food & Housing Project
                         California Coalition for Youth
                         California Council of Community Mental Health  
          Agencies
                         California Partnership to End Domestic Violence
                         California State Association of Counties
                         Central California Family Crisis Center
                         City of Oakland
                         Corporation for Supportive Housing
                         Didi Hirsch Mental Health Services
                         East Oakland Community Project
                         Eastmont Community Center
                         Family Emergency Shelter Coalition
                         Foothill AIDS Project
                         House of Ruth
                         Housing California 
                         Jewish Family Service of Los Angeles
                         Jovenes, Inc.
                         League of California Cities
                         Los Angeles Youth Network
                         Mental Health Association in California
                         New Image Emergency Shelter for the Homeless, Inc
                         Non-Profit Housing Association of Northern  
          California
                         Pacific Clinics
                         People Assisting the Homeless
                         Rolling Start, Inc
                         Sacramento Area Emergency Housing Center
                         Sacramento Hunger Coalition
                         Shelter Partnership
                         Sonoma County Task Force for The Homeless
                         Toberman Neighborhood Center
                         United Way of the Bay Area
                         Upward Bound House
                         West Hollywood Presbyterian Church




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                         Women's and Children's Crisis Shelter
          
               OPPOSED:  None received.