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AB-2916 Homelessness plan of action.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB2916:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2916


Introduced by Assembly Member Bloom

February 21, 2020


An act to add Chapter 1.5 (commencing with Section 50291) to Part 1 of Division 1 of Title 5 of the Government Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


AB 2916, as introduced, Bloom. Homelessness plan of action.
Existing law establishes the Homeless Housing, Assistance, and Prevention Program administered by the Business, Consumer Services, and Housing Agency for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address homelessness challenges, as specified. Existing law provides that upon appropriation, the agency is required to distribute $650,000,000 among cities, counties, and continuum of care, as provided.
This bill would enact the Homelessness Plan of Action Act, which requires all local agencies, as defined, to adopt and submit to the Department of Housing and Community Development, by January 1, 2022, a homelessness plan of action that includes specified information, including, among other things, information regarding surplus land that could be used to develop homeless shelters, assisted living units, and affordable housing. The bill would require a local agency to update and submit, to the department, the plan at least once every 4 years thereafter by January 1. The bill would require the department, in consultation with any state agency the department may choose, to review and provide recommendations on improvements to each local agency’s homelessness plan of action within 120 days of receiving an action plan, as provided. The bill would require a local agency to respond to the department’s recommendations within 120 days of receiving the department’s recommendations, as provided. The bill would require, if a local agency indicates that it will not follow a particular recommendation, the local agency to describe how the agency plans to use all funds provided to the agency by the state, and provide, within one year of the local agency’s written response, the department a detailed accounting of how the state funds were used. The bill would provide that if a local agency does not provide the detailed accounting pursuant to subdivision (c) within one year, the local agency is ineligible for certain state funding, as the Legislature may appropriate under this chapter or the Budget Act, from the date the detailed accounting is due to the department to the date the local agency provides the detailed accounting to the department. By requiring local agencies to adopt a homelessness plan of action, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 1.5 (commencing with Section 50291) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:
CHAPTER  1.5. Homelessness Plan of Action

50291.
 This chapter shall be known, and may be cited, as the Homelessness Plan of Action Act.

50291.5.
 The purpose of this act is for local agencies to demonstrate all of the following:
(a) What housing and other services available to residents who are homeless, including, but not limited to, substance abuse, shelter, psychiatric, and financial services, are provided by local agencies for purposes of alleviating or preventing homelessness, or assisting persons out of homelessness are available to residents who are homeless.
(b) How the local agency plans to keep more persons from becoming homeless.
(c) How the local agency is working with other local agencies and the state, and is using federal, state, and local resources, to alleviate or prevent homelessness, or assist persons out of homelessness.

50292.
 For purposes of this act, all of the following definitions apply:
(a) “Department” means the Department of Housing and Community Development.
(b) “Local agency” is defined as a county, city, or city and county.
(c) “Surplus land” shall have the same meaning as defined in Section 54221.

50292.5.
 (a) All local agencies shall adopt a homelessness plan of action. The homelessness plan of action shall include, but is not limited to, all of the following:
(1) Information regarding surplus land that could be used to develop homeless shelters, assisted living units, and affordable housing.
(2) An estimate, using data readily available to the local agency, of the total number of persons currently homeless and persons who are at a high risk of homelessness in the jurisdiction of the local agency.
(3) A plan for reducing the number of persons described in paragraph (2). The plan shall be developed with consideration of all the following data, among other data and factors that the agency determines is relevant to developing the plan, to the extent that the data is available to the agency:
(A) The number of evictions within the jurisdiction of the local agency, for purposes of anticipating the displacement of persons from their residence into homelessness.
(B) The number of persons unemployed within the jurisdiction, for purposes of anticipating a potential rise in persons that will be homeless.
(C) The affordability of residential buildings and units available for rent within the jurisdiction of the local agency.
(D) The number of persons paying more than 50 percent of their income on rent.
(4) Data the local agency used in developing the plan described in paragraph (3).
(5) If applicable, a description of, and relevant data demonstrating, how the local agency utilized federal, state, and local funding sources to reduce or prevent homelessness in the local agency’s jurisdiction in the last four years.
(6) A description of how the local agency plans to use federal, state, and local funding sources to reduce or prevent homelessness in the local agency’s jurisdiction.
(7) The names and descriptions of third-party organizations and service providers that the local agency is working with to reduce or prevent homelessness.
(8) A description of any efforts between the local agency and the state or other local agencies in reducing or preventing homelessness within the local agency’s jurisdiction.
(9) A description of housing and other services, including, but not limited to, substance abuse, shelter, psychiatric, and financial services, provided by the local agency that are available to persons who are homeless in the local agency’s jurisdiction, for purposes of alleviating or preventing homelessness, or assisting persons out of homelessness.
(b) A local agency shall adopt and submit, to the department, a homelessness plan of action, as described in subdivision (a), by January 1, 2022. The local agency shall update and submit, to the department, the plan at least once every four years thereafter by January 1.

50293.
 (a) The department, in consultation with any state agency the department may choose, shall review and provide recommendations on improvements to each local agency’s homelessness plan of action, as that plan is described in Section 50292.5. The department shall identify, as part of the recommendations provided pursuant to this subdivision, state resources that a local agency may utilize to effect the local agency’s plan.
(b) The department shall provide the recommendations described in subdivision (a) within 120 days of receiving the local agency’s plan.
(c) A local agency shall provide, within 120 days of receiving the department’s recommendations, a written response to the department’s recommendations and indicate whether the local agency will adopt each recommendation. If the local agency indicates that it will not follow a particular recommendation, the local agency shall describe how the agency plans to use all funds provided to the agency by the state, and provide, within one year of the local agency’s written response, the department a detailed accounting of how the state funds were used.
(d) A local agency that does not provide the detailed accounting pursuant to subdivision (c) within one year shall be ineligible for certain state funding, as the Legislature may appropriate under this chapter the Budget Act, from the date the detailed accounting is due to the department to the date the local agency provides the detailed accounting to the department.

SEC. 2.

 The Legislature finds and declares that finding solutions to the statewide housing crisis is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 1.5 (commencing with Section 50291) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.

SEC. 3.

 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.