Amended in Senate April 21, 2016

Amended in Senate April 14, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1380


Introduced by Senator Mitchell

(Coauthors: Senators Allen, Hertzberg, Liu, and Wieckowski)

(Coauthors: Assembly Members Campos and Thurmond)

February 19, 2016


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

SB 1380, as amended, Mitchell. Homeless Coordinating and Financing Council.

Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, to provide assistance to homeless persons.

This bill would require a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness, except as specified, to revise or adopt guidelines and regulations to include enumerated Housing First policies. The bill would also establish the Homeless Coordinating and Financing Council to oversee the implementation of the Housing First guidelines and regulations and, among other things, to identify resources, benefits, and services that can be accessed to prevent and end homelessness in California.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) California leads the nation in the number of homeless
4residents with 115,738 people experiencing homelessness at some
5point, which is 21 percent of the nation’s total. California also
6leads the nation in the number and ratio of chronically homeless
7residents with 29,178 chronically homeless residents at any point
8in time, which is 31 percent of the nation’s total.

9(b) Homelessness is expensive to the state and local
10governments. A homeless person receiving general assistance in
11Los Angeles County, for example, incurs $2,897 per month in
12crisis response services.

13(c) A chronically homeless Californian moving into “supportive
14housing” is able to reduce costs he or she incurs by almost 80
15percent. Moving an individual or family experiencing chronic
16homelessness to housing stability costs less than the resulting
17savings in public expenditures.

18(d) Following the example of other states, as well as jurisdictions
19within California, it is the intent of the Legislature to adopt a
20“Housing First” model for all state programs funding housing for
21people experiencing homelessness or at risk of homelessness.

22(e) Housing First is an evidence-based model of ending all types
23of homelessness and is the most effective approach to ending
24chronic homelessness. The federal government recognizes that
25Housing First yields high-housing retention rates, low returns to
26homelessness, and significant reductions in crisis or institutional
27care.

28(f) Homelessness affects multiple systems in California. Though
29almost every state with significant homeless populations has
30established a council to coordinate a Housing First-oriented
31response to homelessness, California does not have any entity to
32manage the state’s response to homelessness.

33(g) California participated in a federally funded Policy Academy
34to reduce chronic homelessness. That Policy Academy succeeded
35in revising programs California’s Department of Housing and
P3    1Community Development (HCD) administers, and in attracting
2federal funding opportunities requiring collaboration between the
3HCD and the State Department of Health Care Services. To
4implement additional successes, it is essential that California have
5a coordinating council on homelessness.

6

SEC. 2.  

Chapter 7 (commencing with Section 8260) is added
7to Division 8 of the Welfare and Institutions Code, to read:

8 

9Chapter  7. Housing First and Coordinating Council
10

 

11

8260.  

For purposes of this chapter:

12(a) “Coordinating Council” means the Homeless Coordinating
13and Financing Council established pursuant to Section 8262.

14(b) “Core components of Housing First” means all of the
15following:

16(1) Tenant screening and selection practices that promote
17accepting applicants regardless of their sobriety or use of
18substances, completion of treatment, or participation in services.

19(2) Applicants are not rejected on the basis of poor credit or
20financial history, poor or lack of rental history, criminal convictions
21unrelated to tenancy, or behaviors that indicate a lack of “housing
22readiness.”

23(3) Acceptance of referrals directly from shelters, street outreach,
24drop-in centers, and other parts of crisis response systems
25frequented by vulnerable people experiencing homelessness.

26(4) Supportive services that emphasize engagement and problem
27solving over therapeutic goals and service plans that are highly
28tenant-driven without predetermined goals.

29(5) Participation in services or program compliance is not a
30condition of permanent housing tenancy.

31(6) Tenants have a lease and all the rights and responsibilities
32of tenancy, as outlined in California’s Civil, Health and Safety,
33and Government codes.

34(7) The use of alcohol or drugs in and of itself, without other
35lease violations, is not a reason for eviction.

36(8) In communities with coordinated assessment and entry
37systems, incentives for funding promote tenant selection plans for
38supportive housing that prioritize eligible tenants based on criteria
39other than “first-come-first-serve,” including, but not limited to,
40the duration or chronicity of homelessness, vulnerability to early
P4    1mortality, or high utilization of crisis services. Prioritization may
2include triage tools, developed through local data, to identify
3high-cost, high-need homeless residents.

4(9) Case managers and service coordinators who are trained in
5and actively employ evidence-based practices for client
6engagement, including, but not limited to, motivational
7interviewing and client-centered counseling.

8(10) Services are informed by a harm-reduction philosophy that
9recognizes drug and alcohol use and addiction as a part of tenants’
10lives, where tenants are engaged in nonjudgmental communication
11regarding drug and alcohol use, and where tenants are offered
12education regarding how to avoid risky behaviors and engage in
13safer practices, as well as connected to evidence-based treatment
14if the tenant so chooses.

15(11) The project and specific apartment may include special
16physical features that accommodate disabilities, reduce harm, and
17promote health and community and independence among tenants.

18(c) “Homeless” has the same definition as that term is defined
19in Section 91.5 of Title 24 of the Code of Federal Regulations.

20(d) (1) “Housing First” means the evidence-based model that
21uses housing as a tool, rather than a reward, for recovery and that
22centers on providing or connecting homeless people to permanent
23housing as quickly as possible. Housing First providers offer
24services as needed and requested on a voluntary basis and that
25does not make housing contingent on participation in services.

26(2) “Housing First” includes time-limited rental or services
27assistance, so long as the housing and service provider assists the
28recipient in accessing permanent housing and in securing
29longer-term rental assistance, income assistance, or employment.

30(e) “State programs” means any programs a California state
31agency or department funds, implements, or administers for the
32purpose of providing housing or housing-based services to people
33experiencing homelessness or at risk of homelessness, with the
34exception of federally funded programs with requirements
35inconsistent with this chapter or programs that fund emergency
36shelters.

37

8261.  

(a) Agencies and departments administering state
38programs created on or after July 1, 2017, shall collaborate with
39the Coordinating Council to adopt guidelines and regulations to
40incorporate core components of Housing First.

P5    1(b) By July 1, 2019, agencies and departments administering
2state programs in existence prior to July 1, 2017, shall collaborate
3with the Coordinating Council to revise or adopt guidelines and
4regulations that incorporate the core components of Housing First,
5if the existing guidelines and regulations do not already incorporate
6the core components of Housing First.

7

8262.  

(a) Within 180 days of the effective date of the measure
8adding this chapter, the Governor shall create a Homeless
9Coordinating and Financing Council.

10(b) The Coordinating Council shall have the following goals:

11(1) To oversee implementation of this chapter.

12(2) To identify mainstream resources, benefits, and services that
13can be accessed to prevent and end homelessness in California.

14(3) To create partnerships among state agencies and departments,
15local government agencies, participants in the United States
16Department of Housing and Urban Development’s Continuum of
17Care Program, federal agencies, the United States Interagency
18Council on Homelessness, nonprofit entities working to end
19homelessness, and the private sector, for the purpose of arriving
20at specific strategies to end homelessness.

21(4) To promote systems integration to increase efficiency and
22effectiveness.

23(5) To coordinate existing funding and applications for
24competitive funding. Any action taken pursuant to this paragraph
25shall not restructure or change any existing allocations or allocation
26formulas.

27(6) To make policy and procedural recommendations to
28legislators and other government entities.

29(7) To identify and seek funding opportunities for state entities
30that have programs to end homelessness, including, but not limited
31to, federal and philanthropic funding opportunities, and to facilitate
32and coordinate those state entities’ efforts to obtain that funding.

33(8) To broker agreements between state agencies and
34departments and between state agencies and departments and local
35jurisdictions to align and coordinate resources, reduce
36administrative burdens of accessing existing resources, and foster
37common applications for services, operating, and capital funding.

38(9) To serve as a statewide facilitator, coordinator, and policy
39development resource on ending homelessness in California.

P6    1(10) To report to the Governor, federal Cabinet members, and
2the Legislature on homelessness and work to reduce homelessness.

3(11) To ensure accountability and results in meeting the
4strategies and goals of the council.

5(12) To identify and implement strategies to fight homelessness
6in small communities and rural areas.

7(c) (1) The Governor shall appoint up to 15 members of the
8Coordinating Council as follows:

9(A) A representativebegin delete of the Governor’s office.end deletebegin insert from the
10Department of Housing and Community Development.end insert

11(B) A representative of the Department of Social Services.

12(C) A representative of the California Housing Finance Agency.

13(D) A representative of the Department of Health Care Services.

14(E) A representative of the Department of Veterans Affairs.

15(F) A representative of the Department of Corrections and
16Rehabilitation.

17(G) A representative from the California Tax Credit Allocation
18Committee in the Treasurer’s Office.

19(H) begin deletePeople who are, or have been, end deletebegin insertA end inserthomelessbegin insert person who livesend insert
20 inbegin delete California, toend deletebegin insert California. Toend insert the extent funding isbegin delete available to
21pay forend delete
begin insert available, theirend insert travel costsbegin delete and stipends.end deletebegin insert shall be paid for.end insert

22(I) begin deleteRepresentatives end deletebegin insertTwo representatives end insertof local agencies or
23organizations that participate in the United States Department of
24Housing and Urban Development’s Continuum of Care Program.

25(J) begin deleteA state advocate end deletebegin insertState advocates end insertor otherbegin delete memberend deletebegin insert membersend insert
26 of the public or state agencies, according to the Governor’s
27discretion.

28(2) The council may, at its discretion, invite stakeholders,
29individuals who have experienced homelessness, members of
30philanthropic communities, and experts to participate in meetings
31or provide information to the council.

32(d) The council shall hold public meetings at least once every
33quarter.

34(e) The members of the council shall serve at the pleasure of
35the Governor.

36(f) Within existing funding, the council may establish working
37groups, task forces, or other structures from within its membership
38or with outside members to assist it in its work. Working groups,
39task forces, or other structures established by the council shall
40determine their own meeting schedules.

P7    1(g) The members shall serve without compensation, except that
2members who are, or have been, homeless may receive
3reimbursement for travel, per diem, or other expenses.

4(h) Thebegin delete Assistant Director for Homeless and Housing Policy
5within theend delete
Department of Housing and Community Development
6shall provide staff for the council.

7(i) The council members may enter into memoranda of
8understanding with other council members to achieve the goals
9set forth in this chapter, as necessary, in order to facilitate
10communication and cooperation between the entities the council
11members represent.



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