BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1929
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1929 (Chau)
          As Amended  August 18, 2014
          Majority vote
           
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          |ASSEMBLY:  |77-0 |(May 27, 2014)  |SENATE: |32-0 |(August 21,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    H. & C.D.

          SUMMARY  :  Requires the California Housing Finance Agency  
          (CalHFA), with the concurrence of the Department of Health Care  
          Services (DHCS), to release unencumbered Mental Health Services  
          Act (MHSA) funding upon request of the respective county, and  
          for counties to utilize these released funds to provide housing  
          assistance to people with mental illness.  Specifically,  this  
          bill  : 

          1)Releases MHSA housing program funds currently held by CalHFA  
            to their respective counties, upon request of those counties,  
            to be used for the purpose of providing housing assistance for  
            people with mental illness.

          2)Defines "housing assistance" as meaning:

             a)   Rental assistance or capitalized operating subsidies.

             b)   Security deposits, utility deposits, or other move-in  
               cost assistance.

             c)   Utility payments.

             d)   Moving cost assistance.

             e)   Capital funding to build or rehabilitate affordable  
               housing for mentally ill persons who are homeless or at  
               risk of being homeless.

          3)Provides that all requirements of the MHSA shall apply to all  
            moneys released to a county pursuant to this bill.

           The Senate amendments  : 









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          1)Delete the portion of the bill that codified the MHSA housing  
            program.

          2)Clarify that a county can request a refund of any unencumbered  
            MHSA funds held by CalHFA.

          3)Narrow the definition of "housing assistance" as meaning:

             a)   Rental assistance or capitalized operating subsidies.

             b)   Security deposits, utility deposits, or other move-in  
               cost assistance.

             c)   Utility payments.
             d)   Moving cost assistance.

             e)   Capital funding to build or rehabilitate affordable  
               housing for mentally ill persons who are homeless or at  
               risk of being homeless.

          4)Clarify that all requirements of the MHSA shall apply to all  
            moneys released to a county pursuant to this bill.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS :   

          Background: In 2004, California voters approved Proposition 63:   
          the MHSA.  The MHSA imposes a 1% tax on personal earnings over  
          $1 million to fund county-run mental health programs.  Through  
          Executive Order S-07-06 in 2006, Governor Schwarzenegger  
          directed the creation of the MHSA housing program, with a stated  
          goal of providing 10,000 permanent supportive housing units for  
          individuals with mental illness and their families and an  
          allocation of up to $75 million per year in MHSA funds for this  
          purpose.  SB 257 (Chesbro), Chapter 748, Statutes of 2006,  
          codified CalHFA's authority to finance permanent supportive  
          housing for people with mental illness and directed CalHFA, in  
          conjunction with DMH and the Department of Housing and Community  
          Development (HCD) to present a plan to the Legislature for the  
          use of Proposition 63 funds for the development of supportive  
          housing projects.

          In 2007, county mental health departments agreed to a one-time  








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          set aside of $400 million of Proposition 63 revenue with CalHFA.  
           These funds were allocated these funds to all but the eight  
          least populated counties for the purpose of building permanent  
          supportive housing for people with mental illness who are  
          homeless or at risk of homelessness.  Of this $400 million,  
          counties were authorized to use $75 million per year for capital  
          costs and $40 million per year for operating and maintenance  
          costs. 

          To administer the $400 million allocated for the MHSA housing  
          program, a partnership was created between CalHFA and the  
          Department of Mental Health (DMH).  DMH was subsequently folded  
          into DHCS during reorganization in 2013.  CalHFA underwrites the  
          requests for capital funds and capitalizes operating expenses.   
          DHCS evaluates each applicant's proposed target population and  
          supportive services plan.  Once funds are awarded, CalHFA  
          oversees all development and financial aspects of the project  
          and DHCS oversees the provision of services. CalHFA also  
          provides technical assistance to county mental health  
          departments to select special needs housing that would best meet  
          the needs of a county's residents with mental illness, and  
          charges an administrative fee for this assistance.  As a result  
          of partnering with CalHFA, many counties have created permanent  
          supportive housing units for homeless people with mental  
          illness.
            
          Purpose of the bill:  While most counties have already expended  
          their share of the $400 million allocation, others have not  
          because they received small allocations that do not make  
          construction of housing units feasible.  These funds reside with  
          the State, and releasing them to their respective counties will  
          give these counties additional flexibility in providing housing  
          assistance to residents with mental illness.  Counties currently  
          receive their MHSA allocations directly, and county mental  
          health departments have discretion to dedicate additional MHSA  
          funding toward housing.  This bill would also authorize CalHFA  
          to release any unencumbered MHSA funds that are deposited with  
          CalHFA for future projects.   
           
          As these released MHSA funds were intended for housing purposes,  
          counties must use them to provide housing assistance for people  
          with mental illness, as defined by the MHSA.  This bill defines  
          "housing assistance" for purposes of these released funds as  
          meaning rental assistance or capitalized operating subsidies,  
          security deposits, utility deposits, or other move-in cost  








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          assistance, utility payments, moving cost assistance, and  
          capital funding to build or rehabilitate housing affordable to  
          people experiencing homelessness or at risk of homelessness.   
          Releasing these funds directly to the counties will better  
          enable them to utilize these funds for housing assistance.
          
           
          Analysis Prepared by  :    Rebecca Rabovsky / H. & C.D. / (916)  
          319-2085 


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