BILL NUMBER: AB 1177 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 16, 2009
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Members Fong and Hill
(Coauthors: Assembly Members Blumenfield, Chesbro, Fuentes, Jones,
and Portantino)
(Coauthors: Senators DeSaulnier and Lowenthal)
FEBRUARY 27, 2009
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
AB 1177, as amended, Fong. Homelessness: Interagency Council on
Homelessness.
Under existing law, several agencies have prescribed
responsibilities relating to homeless persons.
This bill would, among other things, create the California
Interagency Council on Homelessness, composed of specified members,
to construct cross-agency and community cooperation in responding to
homelessness, use a more efficient and supportive method in
implementing evidence-based approaches to address homelessness, and,
to the extent possible, plan to end homelessness in the state. This
bill would also require the council to submit its reports,
not less than annually any reports or documents that
it creates, within 90 days of being finalized by the
council , to specified committees of the Legislature and
to perform other duties as prescribed.
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 has the highest rate of homelessness and the
highest ratio of homeless people per resident, with 360,000 people
sleeping on the streets or in shelters on any given night.
(b) Homelessness is traumatic for those who suffer it, often
leading to separated families, exacerbation of health conditions, a
rise in avoidable emergency room use, social and academic delays
among children, and greater likelihood of incarceration.
(c) Many people who lack permanent shelter and the ability to
access regular support ricochet through separate and expensive public
systems: overburdened corrections systems, overcrowded hospital
emergency rooms, mental health programs, substance abuse treatment
and detox facilities, shelters, and emergency housing. As a result,
people experiencing chronic homelessness use a disproportionate share
of state and local services.
(d) Innovative approaches across the nation and within California
show promise for reducing homelessness and the resulting impact on
state services.
(e) Changing the system and reducing homelessness requires
coordination and cooperation among federal, state, and local
governments, as well as private sector organizations.
(f) Creation of a statewide coordinating council is an important
and effective tool in supporting initiatives to end homelessness in
California.
(g) Creation of a statewide coordinating council would stem
avoidable costs of maintaining the number of homeless persons and
would, therefore, result in reducing avoidable costs to multiple
programs.
(h) Homelessness affects multiple systems in California, including
housing, mental health and substance abuse, education, corrections,
foster care, health care, and veterans services. Though most other
states have adopted a plan to end homelessness because of the cost
impact on all of these systems, California has not crafted a similar
plan. A codified, structured interagency council on homelessness
would help fill this gap.
(i) In November 2005, Governor Schwarzenegger created the Governor'
s Homeless Initiative, which included plans to form an interagency
coordinating council to reduce homelessness. The Business,
Transportation and Housing Agency's 2005-10 Consolidated Plan further
indicates the importance of an interagency council on homelessness.
Despite these intentions, a council has not met regularly or publicly
since the Governor adopted his Homeless Initiative.
(j) California must give priority to developing consolidated,
coordinated, and cooperative approaches to issues of homelessness
, including, but not limited to, specific issues
addressing homeless youth, families, veterans, parolees, victims of
domestic violence, people with substance abuse or other mental health
disorders, people experiencing chronic homelessness, seniors, and
disabled people .
(k) Working within current costs, a revitalized Interagency
Council on Homelessness will reduce duplication of efforts and the
costs of homelessness and will redirect resources to more effective
approaches, developing a more integrated system and eliminating
fragmentation.
SEC. 2. Chapter 7 (commencing with Section 8260) is added to
Division 8 of the Welfare and Institutions Code, to read:
CHAPTER 7. CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS
8260. For purposes of this chapter, the following definitions
shall apply:
(a) "At risk of homelessness" means a history of homelessness and
an income of 30 percent or below the area median income.
(b)
(a) "Council" means the California Interagency Council
on Homelessness.
(c) "Homelessness" means a condition where a person lacks a fixed,
regular, or adequate nighttime residence or who has a primary
nighttime residence that is either a supervised publicly or privately
operated shelter designed to provide temporary living accommodations
or a public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for a human being. Homelessness
also applies to a person who is exiting an institutional setting and
is at risk of homelessness, or is living in transitional or temporary
housing.
(d)
(b) "Stakeholder organization" means a nonprofit or
faith-based organization whose primary mission is to prevent or end
homelessness, to provide services or health care to people who are
homeless, or to create housing for people who are homeless.
8261. (a) There is hereby created in state government the
California Interagency Council on Homelessness with a mission to
construct cross-agency and community cooperation in responding to
homelessness, to use a more efficient and supportive method in
implementing evidence-based approaches to address homelessness, and,
to the extent possible, plan to end homelessness in the state.
(b) The Governor shall designate a lead agency that shall seek all
available federal funding, including, but not limited to,
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.)
grant and technical assistance funds, for purposes of funding the
council and its activities.
(c) Membership of the council shall include all of the following:
(1) At least one representative with decisionmaking authority from
each of the following:
(A) The State Department of Alcohol and Drug Programs.
(B) The Department of Community Services and Development.
(C) The Department of Corrections and Rehabilitation.
(D) The State Department of Education.
(E) The State Department of Health Care Services.
(F) The Department of Housing and Community Development.
(G) The California Housing Finance Agency.
(H) The State Department of Mental Health.
(I) The State Department of Social Services.
(J) The California Tax Credit Allocation Committee.
(K)
(J) The Department of Veterans Affairs.
(2) A representative of the Governor's office.
(3) A representative from the Senate, to be appointed by the
President pro Tempore of the Senate, or his or her designee.
(4) A representative from the Assembly, to be appointed by the
Speaker of the Assembly, or his or her designee.
(5) Two members of the philanthropic community from organizations
that are active in homelessness issues, to be appointed by the
Governor.
(6) At least five representatives of local and regional
jurisdictions, to be appointed by the Governor, which shall include
each of the following:
(A) At least one
(3) A representative of local law
enforcement or an organization representing the interests of local
law enforcement , to be appointed by the Governor .
(B) At least one
(4) A representative of county
government or an organization representing the interests of county
government , to be appointed by the Chairperson of the Senate
Committee on Rules .
(C) At least one
(5) A representative of city
government or an organization representing the interests of city
government , to be appointed by the Speaker of the Assembly
.
(7) Representatives of at least two stakeholder organizations, to
be appointed by the Governor.
(8) At least two people who have experienced homelessness, to be
appointed by the Governor.
(6) Representatives of two stakeholder organizations, with one to
be appointed by the Speaker of the Assembly and the other to be
appointed by the Chairperson of the Senate Committee on Rules.
(7) Two people who have experienced homelessness, with one to be
appointed by the Speaker of the Assembly and the other to be
appointed by the Chairperson of the Senate Committee on Rules.
(d) The council may, at its discretion, invite stakeholders,
people who have experienced homelessness, members of philanthropic
communities, and experts to participate in meetings or provide
information to the council.
(d)
(e) The Governor shall appoint a chairperson and
vice-chairperson from among the members of the council. Within
current costs, 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.
(e) All members
(f) Members of the council shall
serve without compensation, unless except that
the representatives appointed pursuant to paragraph (7) of
subdivision (c) shall receive compensation if private,
philanthropic , or other nonstate funding resources are
available, or unless available. The council
may compensate council staff if the Legislature makes a future
appropriation, to operate, manage, or conduct the business of the
council.
(f)
(g) All reports or documents that the council creates
shall be submitted, not less than annually
within 90 days of being finalized by the council , to the
Senate Committee on Transportation and Housing, the Senate Committee
on Human Services, the Assembly Committee on Housing and Community
Development, and the Assembly Committee on Human Services.
However, nothing in this chapter shall be construed as requiring the
council to create a report or document.
8262. (a) The council shall do all of the following:
(1) Hold public meetings at least once every quarter.
(2) Act as the lead for coordinating and planning the state's
response to homelessness, including, but not limited to, coordinating
funding that the state receives from the federal government for the
prevention or reduction of homelessness or for services delivered to
people who are homeless or at risk of homelessness.
(3) Streamline Discuss potential
mechanisms for streamlining the administration of programs
across agencies and jurisdictions to reduce duplication, consolidate
availability of services, and ease clients' access to services.
(4) Streamline Discuss potential
mechanisms for streamlining funding of homelessness programs to
leverage existing resources more effectively.
(5) Solicit input and suggestions from stakeholders, the business
community, the concerned public, and other governmental agencies on
the most effective strategies to address homelessness.
(6) Identify best practices from other states in combating
homelessness.
(7) Create Within current costs, or
provided funding is available for related costs, create a plan
for council actions by the end of the first year after the initial
meeting, with annual review, to implement recommendations for policy,
regulatory, and resource changes needed to accomplish objectives, as
well as each agency's responsibilities on the council.
(8) Within current costs, or provided funding is available for
related costs, publish and within three years
of the initial meeting of the council, adopt a plan to reduce
or end homelessness within three years .
(9) Collaborate on planning Discuss
potential improvements or plans for discharge of people likely
to become homeless after leaving institutions, including, but not
limited to, prisons, crisis health care facilities, and foster care.
(10) Gather needs assessments from local jurisdictions that are
currently required to submit needs assessments to a state agency,
including, but not limited to, city housing elements and community
continuation of care.
(11) Not later than January 1, 2015, create a centralized database
on homelessness, provided federal funds or other nonstate moneys are
available for that purpose.
(12) Not later than January 1, 2017, assist in the coordination of
a statewide continuum of care, provided funds are available.
(13) Identify private and public funding partnerships.
(b) The council may engage or accept the services of agency
personnel, contract with nonprofit organizations, or employ council
staff to operate, manage, or conduct the business of the council,
provided that private, philanthropic, or other nonstate funding
resources are available for that purpose, or the Legislature makes a
future appropriation for that purpose.
8263. Except as otherwise provided in this chapter, the council
shall operate within the current budget of each department and agency
represented. Each department and agency shall cooperate with the
council and furnish it with information and assistance that is
necessary or useful to further the purposes of this chapter.