BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1380 (Mitchell) - Homeless Coordinating and Financing Council
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|Version: April 21, 2016 |Policy Vote: HUMAN S. 3-0, T. & |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 9, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1380 would create the Homeless Coordinating and
Financing Council (Council), as specified. This bill would
require agencies and departments administering state programs
that provide housing or housing-related assistance to persons
experiencing homelessness or who are at risk of homelessness, as
specified, to collaborate with the Council to revise or adopt
guidelines and regulations that incorporate core components of
Housing First.
Fiscal
Impact:
Coordinating Council : One-time and ongoing costs potentially
in excess of $200,000 (General Fund) to the Department of
Housing and Community Development (HCD) to staff and
facilitate meetings, as well as collaborate with agencies on
activities as outlined under the listed goals of the Council.
The costs for a representative of HCD to participate in
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Council meetings are estimated to be minor.
Department of Social Services (DSS) : Minor costs to
participate on the Council. Potentially significant workload
(General Fund) to review existing housing assistance programs
to ensure compliance with the core components of the Housing
First model.
Department of Veterans Affairs (DVA) : Minor costs to
participate on the Council. No significant impact to existing
housing programs, as they currently adhere to the core
components of the Housing First model.
CDCR : Potentially significant impacts (General Fund) to the
Division of Adult Parole Operations to the extent specific
components of the Housing First model are inconsistent with
current policy and practices utilized for parolee services.
State Treasurer's Office (STO) : Minor costs of less than
$10,000 (General Fund) to have a representative participate on
the Council.
Compliance with Housing First components : Unknown,
potentially significant costs to DSS and CDCR to bring
existing housing and housing-related assistance programs into
compliance with the Housing First core components including
but not limited to the component specifying case managers and
service coordinators who are trained in and actively employ
evidence-based practices.
Background: Under existing law, various state agencies and departments
have prescribed responsibilities relating to the provision of
housing and/or housing-related assistance to individuals who are
homeless or are at risk of homelessness. While not exhaustive,
the following list provides an example of the types of
housing-related supports provided by state agencies:
California Department of Housing and Community Development (HCD)
administers a variety of programs to meet a large range of
housing needs, including emergency shelters and transitional
housing, affordable rental housing, and affordable
homeownership. As a general rule, HCD administers programs that
receive money from the state's General Fund, either through the
budget or from general obligation bonds. Currently, HCD, in
collaboration with California Housing Finance Agency and the
California Department of Veterans Affairs (DVA), is
administering $600 million in general obligation bonds to
provide multifamily housing to veterans under the voter-approved
Veterans Housing and Homeless Prevention Bond Act of 2014. The
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program requires providers to adhere to Housing First practices.
The California Housing Finance Agency (CalHFA) is the state's
affordable-housing bank. CalHFA borrows money from the private
financial market at below-market interest rates by issuing
tax-exempt revenue bonds. CalHFA also provides down-payment
assistance in the form of deferred, "silent second" mortgages
(i.e., the borrower makes no monthly payments but repays the
loan at sale or refinance). On behalf of counties that choose to
dedicate some of their revenues from Proposition 63 - the mental
health services tax - for supportive housing, CalHFA also
administers the Mental Health Services Act Housing Program. This
program provides developers of affordable housing who agree to
set aside units for persons with mental illness with both
capital funding and critical operating and service funding.
Tax Credit Allocation Committee (TCAC) within the State
Treasurer's Office allocates tax credits to developers of
affordable rental housing.
CalWORKs Housing Support Program is an evidence-based rapid
rehousing support program for CalWORKs families that are
experiencing homelessness or housing instability which is a
barrier to self-sufficiency or child well-being. Included in the
program are rental assistance and security costs, as well as
caseworker engagement with the clients' landlord, home finding,
credit repair, and financial literacy. The Housing Support
Program was established in 2014. This program contains core
components of Housing First. The program is not available in all
counties.
CalWORKs Homeless Assistance Program offers temporary shelter
assistance and permanent housing assistance to homeless families
under the CalWORKs program. Permanent housing assistance can be
provided to help secure or maintain permanent housing and help
prevent eviction for a family. Temporary shelter assistance is
provided to homeless families for up to 16 consecutive days. Any
break in the use of the assistance, including one night spent
with a friend or relative, automatically terminates a family's
ability to receive shelter assistance for any days remaining
within the 16 consecutive day limit. The 16 consecutive day
limit is a lifetime limit for temporary shelter assistance,
provided that a family doesn't meet criteria for an exception.
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CalWORKs Family Stabilization Program provides intensive case
management and services in addition to those provided by the
county's WTW program to families who are experiencing an
identified situation or crisis that is destabilizing the family.
Additional services include treatment for family members,
intensive day treatment, non-medical outpatient drug treatment,
residential treatment, and emergency shelter, movement to
transitional housing, rehabilitative services and/or substance
abuse counseling and treatment. While Family Stabilization
Program is not a housing program, counties are given flexibility
to offer housing assistance within the program.
CDCR Parolee Service Center (PSC) and Residential Multi-Service
Center (RMSC) programs are provided to find housing for homeless
parolees. The CDCR indicates the programs include exclusionary
criteria created in the interests of public safety.
Proposed Law:
This bill creates the Homeless Coordinating and Financing
Council, the goals of which include but are not limited to the
following:
Oversee the implementation of this bill.
Identifying mainstream resources, benefits, and services
that can be assessed to prevent and end homelessness in
California.
Creating partnerships among state agencies and
departments, local government agencies, participants in the
U.S Department of Housing and Urban Development (HUD)
Continuum of Care Program, federal agencies, the U.S.
Interagency Council on Homelessness (US ICH), nonprofit
entities working to end homelessness, and the private
sector, for purposes of arriving at specific strategies to
end homelessness.
Promote systems integration to increase efficiency and
effectiveness.
Coordinate existing funding and applications for
competitive funding. Any action taken pursuant to this
paragraph shall not restructure or change any existing
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allocations or allocation formula.
Make policy and procedural recommendations to
legislators and other government entities.
Identify and seek funding opportunities for state
entities that have programs to end homelessness and
facilitate and coordinate those state entities' efforts to
obtain funding.
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 to services, operating, and
capital funding.
Serve as a statewide homelessness planning and policy
development resource.
Report to the Governor, federal Cabinet members, and the
Legislature on homelessness and work to reduce
homelessness.
Ensure accountability and results in meeting the
strategies and goals of the council.
Requires the Governor, within 180 days of enacting this
bill, to appoint up to 15 members to the Coordinating
Council as follows:
o A representative from the HCD.
o A representative of the Department of Social
Services.
o A representative of the California Housing
Finance Agency.
o A representative of the Department of Health
Care Services.
o A representative of the Department of Veterans
Affairs.
o A representative of the Department of
Corrections and Rehabilitation.
o A representative of the Tax Credit Allocation
Committee in the State Treasurer's office.
o A homeless person who lives in California. To
the extent funding is available, their travel costs
shall be paid for.
o Two representatives of local agencies or
organizations that participate in the United States
Department of Housing and Urban Development (HUD)
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Continuum of Care Program.
o State advocates or other members of the public
or state agencies, according to the Governor's
discretion.
o 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.
Requires the HCD to provide staff for the council.
Defines "Housing First" as the evidence-based model that
uses housing as a tool, rather than a reward, for recovery.
It connects homeless people to housing as quickly as
possible and does not make housing contingent on
participation in services. 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.
Defines "Core Components of Housing First" as the
following:
o Tenant screening and selection practices that
promote accepting applicants regardless of their
sobriety or use of substances, completion of
treatment, or participation in services.
o 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."
o Acceptance of referrals directly from
shelters, street outreach, drop-in centers, and other
parts of crisis response systems frequented by
vulnerable people experiencing homelessness.
o Supportive services that emphasize engagement
and problem-solving over therapeutic goals and service
plans that are highly tenant-driven without
predetermined goals.
o Participation in services or program
compliance is not a condition of permanent housing
tenancy.
o Tenants have a lease and all the rights and
responsibilities of tenancy, as outlined in
California's Civil, Health and Safety, and Government
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codes.
o The use of alcohol or drugs in and of itself,
without other lease violations, is not grounds for
eviction.
o In communities with coordinated assessment
with 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 frequency 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.
o Case managers and service coordinators who are
trained in and actively employ evidence-based
practices.
o Services are informed by a harm-reduction
philosophy that recognizes drug and alcohol use and
addiction as part of tenants' lives, where tenants are
engaged in non-judgmental 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 participating in
evidence-based treatment if the tenant so chooses.
o The project and specific apartment may include
special features that accommodate disabilities, reduce
harm, and promote health and community and
independence among tenants.
Requires agencies and departments administering state
programs created on or after July 1, 2017, to collaborate
with the Coordinating Council to adopt guidelines and
regulations to incorporate core components of Housing
First.
Requires agencies and departments administering state
programs in existence prior to July 1, 2017, to collaborate
with the Coordinating Council to adopt guidelines and
regulations to incorporate core components of Housing First
by July 1, 2019, if the existing guidelines and regulations
do not already incorporate the core components of Housing
First.
Defines "state programs" as any programs a California
state agency or department funds, implements, or
administers for the purpose of providing housing or
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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.
Prior
Legislation: AB 998 (Fong) 2013 would have created the
California Interagency Council on Homelessness and required
various state agencies to meet quarterly to coordinate efforts
on homelessness. AB 998 was held on the Suspense File of the
Assembly Appropriations Committee.
AB 1167 (Fong) 2011 would have created a state Interagency
Council on Homelessness, with specified membership and duties.
AB 1167 was held on the Suspense File of this Committee.
AB 1177 (Fong) 2010 was substantially similar to AB 1167 noted
above. AB 1177 was held on the Suspense File of this Committee.
AB 1875 (Fong) 2009 would have created a state Interagency
Council on Homelessness, with specified membership and duties.
AB 1875 stalled in the Assembly Committee on Business,
Professions, and Consumer Protections Committee.
Staff
Comments: The HCD has indicated the Council representative
would likely be HCD's Assistant Director of Homeless and Housing
Policy. Costs associated with travel to/from and attendance at
Council meetings are not expected to be significant.
The bill provides a broad description of the Council's goals,
but lacks detail regarding the actual staff work it would
generate. As a result, costs associated with providing staff for
the Council cannot be estimated with any certainty. Given the
requirement that the Council collaborate with agencies and
departments to adopt or revise guidelines and regulations, HCD
anticipates additional resources would be required. Costs are
unknown but potentially in excess of $200,000 annually.
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