Amended in Assembly June 30, 2016

Amended in Assembly June 20, 2016

Amended in Senate April 21, 2016

Amended in Senate April 14, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1380

Introduced by Senator Mitchell

(Principal coauthor: Assembly Member Santiago)

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

(Coauthors: Assembly Members begin delete Campos, end delete begin insert Alejo, Burke, Campos, Chiu, Lopez, end insert Mullin, 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:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) California leads the nation in the number of homeless
residents with 115,738 people experiencing homelessness at some
point, which is 21 percent of the nation’s total. California also
leads the nation in the number and ratio of chronically homeless
residents with 29,178 chronically homeless residents at any point
in time, which is 31 percent of the nation’s total. California also
has 10,416 homeless youth, which is 28 percent of the nation’s
total.

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

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

(d) Following the example of other states, as well as jurisdictions
within California, it is the intent of the Legislature to adopt a
“Housing First” model for all state programs funding housing for
people experiencing homelessness or at risk of homelessness.
These housing models should address the distinct needs of
homeless populations, including unaccompanied youth under 25
years of age.

(e) Housing First is an evidence-based model of ending all types
of homelessness and is the most effective approach to ending
chronic homelessness. The federal government recognizes that
Housing First yields high-housing retention rates, low returns to
homelessness, and significant reductions in crisis or institutional
care. The federal government also recognizes the value of
time-limited housing to address the needs of unaccompanied
homeless youth and persons fleeing domestic violence.

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

(g) California participated in a federally funded begin delete Policy Academy end delete
begin insert policy academy end insert to reduce chronic homelessness. That begin delete Policy
Academy end delete begin insert policy academy end insert succeeded in revising programs
begin delete California’s end delete begin insert that the end insert Department of Housing and Community
Development (HCD) administers, and in attracting federal funding
opportunities requiring collaboration between the HCD and the
State Department of Health Care Services. To implement additional
successes, it is essential that California have a coordinating council
on homelessness.

SEC. 2.  

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

 

Chapter  7. Housing First and Coordinating Council

 

8260.  

For purposes of this chapter:

(a) “Coordinating begin delete Council” end delete begin insert council end insert begin insert ” end insert means the Homeless
Coordinating and Financing Council established pursuant to
Section 8262.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) For time-limited, supportive services programs serving
homeless youth, programs should use a positive youth development
model and be culturally competent to serve unaccompanied youth
under age 25. Providers should work with the youth to engage in
family reunification efforts, where appropriate and when in the
best interest of the youth. In the event of an eviction, programs
shall make every effort, which shall be documented, to link tenants
to other stable, safe, decent housing options. Exit to homelessness
should be extremely rare, and only after a tenant refuses assistance
with housing search, location, and move-in assistance.

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

8261.  

(a) Agencies and departments administering state
programs created on or after July 1, 2017, shall collaborate with
the begin delete Coordinating Council end delete begin insert coordinating council end insert to adopt guidelines
and regulations to incorporate core components of Housing First.

(b) By July 1, 2019, agencies and departments administering
state programs in existence prior to July 1, 2017, shall collaborate
with the begin delete Coordinating Council end delete begin insert coordinating council end insert to revise or
adopt guidelines and regulations that incorporate the core
components of Housing First, if the existing guidelines and
regulations do not already incorporate the core components of
Housing First.

8262.  

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

(b) The council shall have the following goals:

(1) To oversee implementation of this chapter.

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

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

(4) To promote systems integration to increase efficiency and
effectiveness while focusing on designing systems to address the
needs of people experiencing homelessness, including
unaccompanied youth under 25 years of age.

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

(6) To make policy and procedural recommendations to
legislators and other begin delete government end delete begin insert governmental end insert entities.

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

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

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

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

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

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

begin insert

(13) To create a statewide data system or warehouse that
collects local data through Homeless Management Information
Systems, with the ultimate goal of matching data on homelessness
to programs impacting homeless recipients of state programs, such
as Medi-Cal (Chapter 7 (commencing with Section 14000) of Part
3 of Division 9 of the Welfare and Institutions Code) and
CalWORKS (Chapter 2 (commencing with Section 11200) of Part
3 of Division 9 of the Welfare and Institutions Code).

end insert

(c) (1) The Governor shall appoint up to 15 members of the
council as follows:

(A) A representative from the Department of Housing and
Community Development.

(B) A representative of the begin insert State end insert Department of Social Services.

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

(D) A representative of the begin insert State end insert Department of Health Care
Services.

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

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

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

(H) A begin insert formerly end insert homeless person who lives in California. begin delete To the
extent funding is available, their travel costs shall be paid for. end delete

(I) Two representatives of local agencies or organizations that
participate in the United States Department of Housing and Urban
Development’s Continuum of Care Program.

(J) State advocates or other members of the public or state
agencies, according to the Governor’s discretion.

(2) The Senate Committee on Rules and the Speaker of the
Assembly shall each appoint one representative of the council from
two different stakeholder organizations.

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

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

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

(f) Within existing funding, 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.

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

(h) The Department of Housing and Community Development
shall provide staff for the council.

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