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AB-2848 Local mandate: homeless reduction plan.(2019-2020)

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Date Published: 04/29/2020 09:00 PM
AB2848:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2848


Introduced by Assembly Member Santiago

February 20, 2020


An act relating to homelessness. to add Section 8258 to the Welfare and Institutions Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


AB 2848, as amended, Santiago. Homelessness: results-based accountability mandate. Local mandate: homeless reduction plan.
Existing law requires the Governor to create the Homeless Coordinating and Financing Council and to appoint up to 19 members of that council, as provided. Existing law specifies the duties of the coordinating council, including creating partnerships among state agencies and departments, local government agencies, and specified federal agencies and private entities, for the purpose of arriving at specific strategies to end homelessness. Existing law establishes the independent Office of the Inspector General for the contemporaneous oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation, as specified.
This bill, on or before January 1, 2022, would require each city or county to develop a plan to reduce its unsheltered homeless population by 10% in the first year of the plan, and each year thereafter. The bill would require the plan to include, among other things, the number of homeless individuals currently within the jurisdiction, the city or county’s capacity and progress to house the homeless population, and the city or county’s capacity and progress to address underlying issues that cause or exacerbate homelessness. The bill would require each city and county to submit an annual progress report to the coordinating council that details the implementation of its plan and its progress in meeting the 10% unsheltered homeless population reduction goal.
This bill would task the coordinating council with reviewing submitted plans and providing feedback and recommended revisions. The bill would require a city or county to either adopt those recommended revisions, or adopt findings as to why the recommended revisions are not needed. The bill would require the coordinating council to notify the city or county if the agency has failed to meet the mandatory unsheltered homeless reduction goal specified above and to work with the city or county to assist the city or county in revising the plan. The bill would require the coordinating council to notify the Office of the Inspector General if a state or local agency has not adopted a plan or has failed to implement its plan, as specified.
This bill would authorize the Office of the Inspector General to bring an action against a state or local agency that fails to adopt a plan or fails to implement its plan. The bill, if the court finds that the applicable state or local agency has not complied, would authorize the Office of the Inspector General to request the court to issue an order or judgment directing the state or local agency to comply, as provided.
By requiring local agencies to develop and implement a homelessness plan, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the Homeless Coordinating and Financing Council to, among other things, serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.

This bill would state the intent of the Legislature to enact legislation that establishes an enforceable, results-based accountability mandate to end homelessness in the state.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 8258 is added to the Welfare and Institutions Code, to read:

8258.
 (a) (1) On or before January 1, 2022, each city and county shall develop a plan to reduce homelessness within its jurisdiction.
(2) The plan shall include all of the following:
(A) The number of homeless individuals currently within the jurisdiction of the city or county.
(B) The city or county’s capacity and progress to house the homeless population in its jurisdiction.
(C) The city or county’s capacity and progress to address underlying issues that cause or exacerbate homelessness.
(D) Efforts being taken to prevent individuals from reentering or becoming newly homeless and the progress of those efforts.
(E) Efforts being taken to ensure that exits from jails, hospitals, and foster care do not result in homelessness.
(F) Efforts being taken to close deficits in the areas described in this paragraph.
(3) The plan shall set forth the actions necessary to reduce the city or county’s unsheltered homeless population by at least 10 percent in the first year of the plan, and each year thereafter, based on the homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.
(4) On or before January 1, 2022, each city and county shall transmit the adopted plan to the coordinating council.
(5) Each city and county shall submit an annual progress report to the coordinating council that details the implementation of its plan and its progress in meeting the goal described in paragraph (3).
(b) (1) Upon receipt of a plan submitted pursuant to subdivision (a), the coordinating council shall review the plan and provide feedback and recommended revisions to the city or county.
(2) A city or county that receives recommended revisions to its plan from the coordinating council shall either adopt the recommended revisions, or adopt findings as to why the revisions are not needed.
(c) (1) If the coordinating council determines that a city or county has failed to meet the mandatory homeless reduction goal set forth in this section, the coordinating council shall notify the city or county that it is not in substantial compliance with this section. The coordinating council shall work with the city or county to identify obstacles in achieving the mandatory goal and assist the city or county in revising its plan.
(2) If the coordinating council determines that a state or local agency has not adopted a plan pursuant to subdivision (a), or has failed to implement its plan, the coordinating council shall notify the Office of the Inspector General that the city or county is not in compliance with this section.
(d) (1) The Office of the Inspector General may bring an action against a city or county to compel compliance with this section pursuant to Section 1085 of the Code of Civil Procedure. An action against a county pursuant to this section shall be brought in the superior court for that county and an action brought against a city pursuant to this section shall be brought in the superior court for the county in which the city is located.
(2) If, in any action brought pursuant to this section, the court finds that the applicable city or county has not complied with this section, the Office of the Inspector General may request that the court issue an order or judgment directing the state or local agency to comply with this section by taking either of the following actions:
(A) In the case of a city or county that has failed to adopt plan, adopt a plan in accordance with this section.
(B) Require the city or county to revise its plan and set forth specific actions that will be taken to reduce homelessness.
(3) If the court issues an order or judgment pursuant to paragraph (2), it shall retain jurisdiction to ensure that its order or judgment is carried out.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.

It is the intent of the Legislature to enact legislation that establishes an enforceable, results-based accountability mandate to end homelessness in California.