CHAPTER
5.2. Bring California Home Act
13050.
This chapter shall be known, and may be cited, as the Bring California Home Act.13051.
The Legislature finds and declares all of the following:(a) Homelessness is solvable, and the state has a role to play in rendering homelessness rare, brief, and nonrecurring. In fact, national and other state experiences show that jurisdictions at every level, including homeless continuums of care, cities, counties, and the state, must collaborate to achieve advances in reducing and ultimately solving homelessness.
(b) In January 2019, an estimated 151,278 people experienced homelessness in California at a single point in time, as reported by the United States Department of Housing and Urban Development. This is the highest
number since 2007, and represented a 17-percent increase since 2018. Experts predict significant increases in homelessness in 2021 resulting from the COVID-19 economic downturn.
(c) African Americans are disproportionately represented among California’s homeless population. While 6.5 percent of Californians identify as Black or African American, almost 40 percent of the state’s homeless population is African American. The rate of homelessness among African Americans is almost twice the rates of poverty among African Americans. Similarly, indigenous populations are over six times more likely to experience homelessness than the general population.
(d) Latinx Californians are least likely to access housing and services
available in their communities.
(e) Women have unique precursors and experiences of
homelessness. Domestic violence is a primary cause of homelessness for women, and women are more likely to experience domestic violence, sexual assault, and exploitation once they become homeless. Domestic violence is also a common experience and cause of homelessness among families, youth, and people who identify as transgender. Survivors of domestic violence, sexual assault, and exploitation are typically underserved in our homeless systems.
(f) Research suggests homeless populations are at far greater risk for consequences of COVID-19. Early studies estimated people experiencing homelessness are two to three times as likely to die from COVID-19 than the general population. COVID-19 is putting pressure on local homeless systems to open safe sites for people to shelter, in noncongregant settings, to avoid the spread of COVID-19.
(g) Due to the economic impacts of COVID-19, researchers estimate significant increases in homelessness.
(h) COVID-19 has also resulted in increased rates of domestic violence, putting pressure on domestic violence response systems to ensure safe housing for survivors.
(i) People living on the streets typically resided in a surrounding neighborhood prior to falling into homelessness. As examples, 70 percent of the people experiencing homelessness in the City and County of San Francisco lived in the city before becoming homeless and only 8 percent came from out of state; about 75 percent of the homeless population of the County of Los Angeles lived in the region before becoming homeless; and 73
percent of people experiencing homelessness in the County of Tehama were living in the county before becoming homeless.
(j) Homelessness often results from institutionalization, and homelessness often also causes a cycle of institutionalization that generates significant public sector costs. Reversing a cycle of institutionalization and homelessness requires collaboration between the state, local governments, and the private sector, including collaboration to prevent discharges from institutional settings into homelessness.
(k) Almost 30 years of studies consistently prove housing affordable to people experiencing homelessness and without limits on length of stay, referred to as permanent housing, allows people to exit homelessness and remain stably housed. Recent experiences with
investment in permanent housing for veterans shows we can reduce homelessness significantly with appropriate levels of investment in permanent housing. Evidence further shows people cannot recover from a serious mental illness, a substance use disorder, or a chronic medical condition, or reduce their rate or incidence of incarceration, hospitalization, or institutionalization, unless and until housed.
(l) People who move from homelessness to permanent housing are able to reduce the overall costs of public services. Randomized, control-group studies, including studies published in the Journal of the American Medical Association, show that housing with services allows formerly homeless people with serious mental illness to reduce their Medicaid and justice-system costs, often equivalent to the costs of housing and services. Providing housing to
people experiencing homelessness is also shown to reduce local and state jurisdictions’ expenditures on public safety, health care, and sanitation.
(m) By creating a Bring California Home Fund, it is the intent of the Legislature to make homelessness rare, brief, and nonrecurrent. Toward this end, it is the intent of the Legislature to create a subsidy program to fill gaps within state’s response to homelessness, scale evidence-based solutions while promoting innovation to move people quickly into permanent housing, eliminate racial and gender disparities in who becomes homeless and who is able to access housing and housing-based services, establish greater flexibility and a more nimble process in implementing a comprehensive response to homelessness, facilitate critically needed collaboration between different levels of government,
align housing and services resources, and standardize the state’s response to homelessness toward a focus on comprehensive evidence-based housing and housing-based services solutions through long-term state and local structural changes.
(n) It is the intent of the Legislature that racial disparities in the homeless population be eliminated by December 31, 2032.
(o) Multinational corporations have been shifting income out of the California corporate tax base for decades. To recapture lost revenue on an ongoing basis, it is the intent of the Legislature to conform to certain provisions of the federal Internal Revenue Code governing the taxation of corporations, as provided in the act adding this chapter.
(p) It is the intent of the
Legislature that the revenue, if any, resulting from application of Sections 17087.7 and 25110.1 of the Revenue and Taxation Code in any taxable year beginning on or after January 1, 2022, be used for purposes funding the the Bring California Home Act created through this chapter.
(q) It is further the intent of the Legislature to dedicate a funding source of at least two billion four hundred million dollars ($2,400,000,000) per year to save the lives of people experiencing homelessness and resolve one of the greatest moral crises of our state.
13052.
(a) (1) The Bring California Home Fund is hereby created in the State Treasury. (2) (A) (i) No later than June 1, 2022, the Franchise Tax Board, in consultation with the Department of Finance, shall estimate the amount of revenue that would have resulted if Sections 17087.7 and 25110.1 of the Revenue and Taxation Code, as added by the act adding this chapter, had applied to taxable years beginning on or after January 1, 2021, and before January 1, 2022, and notify the Controller of that amount.
(ii) No later than June 1,
2023, and annually thereafter, the Franchise Tax Board, in consultation with the Department of Finance, shall estimate the amount of additional revenue resulting from the application of Sections 17087.7 and 25110.1 of the Revenue and Taxation Code, as added by the act adding this chapter, for the taxable years beginning on or after January 1 of the calendar year immediately preceding the year in which the estimate is made and before January 1 of the year in which the estimate is made and notify the Controller of that amount.
(iii) Information provided to the Department of Finance and the Controller pursuant to this subparagraph shall be treated as an exception to Section 19542 of the Revenue and Taxation Code under Article 2 (commencing with 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(B) Upon receiving the notifications from the Franchise Tax Board pursuant to subparagraph (A), the Controller shall transfer an amount, equal to the amount estimated by the Franchise Tax Board in those notifications, from the General Fund to the Bring California Home Fund.
(3) In addition to the moneys made available pursuant to paragraph (2), moneys in the fund may include, but are not limited to, moneys transferred from other state sources, private or philanthropic donations, and any recoveries or reversions resulting from activities pursuant to this chapter.
(b) Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated to the Homeless Coordinating
and Financing Council solely for the purpose of implementing and administering this chapter.
(c) (1) The Homeless Coordinating and Financing Council shall work collaboratively with other relevant departments pursuant to a memorandum of understanding to carry out the functions and duties of this chapter and to address their respective and shared responsibilities in implementing, overseeing, and evaluating this chapter, including the reporting requirements of the Franchise Tax Board that will be conducted in consultation with the Department of Finance. The council shall leverage the programmatic and administrative expertise of relevant state agencies, as that term is defined in Section 11000 of the Government Code, in implementing the program.
(2) No later than March 31, 2022, the council shall submit a copy of the final memorandum of understanding to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget. The copy of the final memorandum of understanding required to be submitted to committees of the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(d) In implementing this chapter, the council shall establish a division to implement the auditing, monitoring, technical assistance, administration, and training activities described in this chapter that is separate from the coordinating activities of the council described in Section 8257.
(e) Notwithstanding any other law, nonstate moneys appropriated from the fund that are not encumbered or liquidated shall revert to the fund.
13053.
For purposes of this chapter:(a) “Affordable housing” means multifamily rental housing receiving public subsidy that allows deeply low income households, extremely low income households, and very low income households occupying that housing to pay no more than 30 percent of their household income on rent.
(b) “Agency” means the California Health and Human Services Agency.
(c) “Area median income” means the median family income of a geographic area of this state, determined in accordance with Section 50093 of the Health and Safety Code.
(d) “Continuum of care” has the same meaning as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) “Coordinated entry system” means a centralized or coordinated process developed pursuant to Section 576.400 or 578.7, as applicable, of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2020, designed to coordinate program participant access, assessment, prioritization, and referrals. For purposes of this chapter, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a
comprehensive and standardized assessment tool. However, the assessment tool may vary to assess the specific needs of an identified population. The centralized or coordinated assessment system shall also specify how it will address the needs of individuals or families who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking.
(f) “Council” means the Homeless Coordinating and Financing Council.
(g) “Diversion” means services to connect individuals and families to alternate housing arrangements, case management services, and financial assistance to divert the household from shelter use and into permanent housing, including, but not limited to, housing arrangements with friends or family.
(h) “Eligible population” means persons experiencing homelessness and persons exiting rapid rehousing, transitional housing, or an institutional setting who are homeless or were homeless before their entry and have no other housing options upon exit without assistance.
(i) “Deeply low income households” means persons and families whose household income does not exceed 20 percent of the area median income, as adjusted for family size and revised annually.
(j) “Extremely low income households” has the same meaning as defined in Section 50106 of the Health and Safety Code.
(k) “Fund” means the Bring California Home Fund created pursuant to Section 13052.
(l) “Gender-based violence” includes domestic violence, dating violence, sexual assault, stalking, human trafficking, and commercial sexual exploitation. The term acknowledges that the majority of victims of gender-based violence are women or female-identified people.
(m) “Holding fees” and “vacancy costs” mean payments to private-market landlords as incentives to hold a housing unit as available to an eligible participant while the participant or landlord are waiting for approval to rent the housing unit.
(n) “Homeless,” “homelessness,” “imminent risk of homelessness,” and “chronically homeless” have the same meanings as those terms are each defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2021, except that
a person who was homeless or chronically homeless upon admission to an institutional setting shall continue to be considered homeless or chronically homeless upon discharge, regardless of the length of time the person resided in the institutional setting.
(o) “Homeless Management Information System” or “HMIS” means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2021. The term “Homeless Management Information System” or “HMIS” also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the United States Department of Housing and Urban Development under Part 576 of Title 24 of the Code of Federal
Regulations, as that part read on January 1, 2021.
(p) “Homeless youth” means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(q) Subject to paragraph (1) of subdivision (s), “Housing First” means adhering to the core components specified in Section 8255, except that recipients may fund recovery housing if the tenant chooses to live in an abstinence-based setting over a harm reduction setting and the housing otherwise complies with all other core components of Housing First described in
Section 8255, including requirements that tenants have leases, that they are not evicted for relapse or failure to participate in services, and that they are provided services to relocate to housing offering a harm reduction model if they choose to live in such housing.
(r) “Housing navigation” means services that assist program participants with locating permanent housing with private market landlords or property managers who are willing to accept rental assistance or operating subsidies for the program participants to assist those program participants in obtaining local, state, or federal assistance or subsidies; completing housing applications for permanent housing or housing subsidies and, when applicable, move-in assistance; and obtaining documentation needed to access permanent housing and rental assistance or subsidies.
(s) “Interim intervention” means a safe place to live that is low barrier but does not qualify as permanent housing and includes, but is not limited to, emergency shelters, navigation centers, motel vouchers, recovery-oriented interim interventions, Project Roomkey or Project Homekey sites used as interim housing, a cabin or similar communities, and recuperative or respite care, as those terms may be defined under any other applicable local, state, or federal program. For purposes of this subdivision, an interim intervention shall be deemed to be “low barrier” if all of the following apply:
(1) The interim intervention is a Housing First, service-enriched intervention focused on moving people into permanent housing that provides temporary living facilities while case managers connect
individuals experiencing homelessness to permanent housing, income, public benefits, and health services. Notwithstanding subdivision (q), for purposes of interim interventions “Housing First” shall not require a lease.
(2) The interim intervention utilizes best practices to reduce barriers to entry, including, but not limited to, allowing partners and older minors, unless the interim intervention is a population-specific site; allowing pets; allowing storage of possessions; allowing residents to engage in treatment for substance use disorders including medications for addiction treatment; offering services to connect persons to permanent housing; providing privacy; and providing linkage to a coordinated entry system.
(3) The interim intervention offers a harm reduction approach,
except where tenants request an abstinence-based model.
(4) The interim intervention has a system for entering information regarding client stays, demographics, income, and exit destination through a local HMIS or similar system.
(t) “Large city” means a city or city and county, whether general law or chartered, with a population of 300,000 or greater based on the most recent American Community Survey.
(u) “Master leasing” means that a single lease covers multiple properties leased from a landlord or property manager to a recipient or subrecipient that the recipient or subrecipient sublets to program participants. The single lease shall comply with all applicable provisions of this chapter and be subject to the
rights and responsibilities of tenancy under the laws of this state.
(v) “Multifamily rental housing” meansreal estate consisting of one or more buildings that contain five or more residential rental units.
(w) “Operating subsidy” means a subsidy that allows an individual or household to occupy a permanent housing or supportive housing project while paying no more than 30 percent of their income on rent for the cost of operating projects, such as security, utilities, staffing, and paying off debt. An “operating subsidy” may include an operating subsidy reserve for at least 17 years.
(x) “Participant” or “tenant” mean a person or household that is a member of the eligible population and receives assistance under
this chapter.
(y) “Permanent housing” means a structure or set of structures with no limit on length of stay, even if accompanied by time-limited rental subsidy, that is subject to applicable landlord-tenant law and has no requirement to participate in supportive services as a condition of access to or continued occupancy in the housing.
(z) “Point-in-time count” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2021.
(aa) “Populations who face barriers to accessing housing” include, but are not limited to, all of the following:
(1) Survivors of gender-based violence.
(2) Persons who are at least 50 years of age and are experiencing homelessness or exiting nursing care with nowhere to go upon exit.
(3) Persons with high-acuity chronic medical or behavioral health conditions experiencing homelessness or who were homeless when admitted to an institutional setting or who have nowhere to live upon discharge from an institutional setting.
(4) Persons exiting justice settings who were homeless when incarcerated or who have a history of homelessness prior to incarceration and have nowhere to live upon discharge.
(ab) “Prevention and problem-solving” and “rapid resolution” mean using targeted person-centered, short-term housing or services
approaches to assist households who are at imminent risk of homelessness or have recently fallen into homelessness to maintain their current housing or identify an immediate and safe housing alternative within their social network.
(ac) “Program” means the Bring California Home Program established and implemented in accordance with this chapter.
(ad) (1) “Rare, brief, and nonrecurrent” means strategies to help the state and communities build lasting systems addressing the immediate crisis of homelessness that are able to respond to housing instability and homelessness quickly and efficiently.
(2) Making homelessness “rare” means incorporating strategies for system building, partnerships with mainstream
systems, and diversion and prevention strategies.
(3) Making homelessness “brief” means leveraging strategies to support comprehensive outreach, low barrier emergency shelter, coordinated entry systems, and swift connections to permanent housing, with Housing First practices underpinning every element of the response.
(4) Making homelessness “nonrecurring” means people exit to permanent housing stably and successfully and do not return to homelessness, as they are able to use housing as a platform for accessing services that allow them to stabilize and thrive.
(ae) “Reasonable rent” means an amount of rental payments that does not exceed two times the fair market rent and is consistent with the market rent in the
community in which the multifamily rental housing is located. For purposes of this subdivision, “fair market rent” means the rent, including the cost of utilities, as established by the United States Department of Housing and Urban Development pursuant to Parts 888 and 982 of Title 24 of the Code of Federal Regulations, as those parts read on January 1, 2021, for units by number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of nonluxury nature with suitable amenities.
(af) “Recipient” means a large city or a county that applies jointly with a continuum of care and receives funds under the program, as applicable.
(ag) “Recovery housing” means
housing geared toward individuals who choose to live in an abstinence-only environment over a harm reduction model, while learning how to sustain long-term recovery from substance use disorders, that allows for medications for addiction treatment, that provides housing navigation services to tenants who wish to leave recovery housing for a harm reduction model, and that otherwise follows the core components of Housing First described in Section 8255 and the provisions of this chapter.
(ah) “Rental assistance” means a tenant-based rental subsidy provided to a landlord or property manager to assist a tenant in paying the difference between 30 percent of the tenant’s household income and the reasonable rent for the multifamily rental housing unit, as determined by the recipient.
(ai) “Severe rent burden” means a condition in which a person or family pays more than 50 percent of their total household income, as reported by the American Community Survey.
(aj) “Shared housing” means a type of permanent housing in which tenants have their own lease, with all of the rights and responsibilities of tenancy under the laws of this state, and may share occupancy of that permanent housing with one or more other tenants, or share use of either or both a kitchen and a bathroom with one or more other tenants, subject to the applicable conditions specified in this chapter.
(ak) “Subrecipient” means a unit of local government or a private nonprofit organization that the recipient determines is qualified to undertake the eligible activities for which the recipient seeks
funds under the program, and that enters into a contract with the recipient to undertake those eligible activities in accordance with the requirements of the program.
(al) “Supportive housing” means permanent housing that is occupied by an eligible tenant and that is linked to onsite or offsite tenancy transition services and tenancy sustaining services that assist the supportive housing tenants in retaining housing, improving residents’ health status, and maximizing residents’ ability to live and, when possible, work in the community.
(am) “Tenancy acquisition services” means staff dedicated to engaging property owners to rent housing units to the eligible population
through rental assistance.
(an) “Tenancy sustaining services” means, using evidence-based service models, any of the following:
(1) Early identification and intervention of behaviors that may jeopardize housing security.
(2) Education and training on the rights and responsibilities of the tenant and the landlord.
(3) Coaching on developing and maintaining key relationships with landlords or property managers.
(4) Assistance in resolving disputes with landlords and neighbors to reduce the risk of eviction.
(5) Advocacy and linkage with
community resources to prevent eviction when housing may become jeopardized.
(6) Care coordination and advocacy with health care professionals.
(7) Assistance with a housing recertification process.
(8) Coordinating with the tenant to review and update a housing support and crisis plan.
(9) Training in being a good tenant and lease compliance.
(10) Benefits advocacy.
(11) Evidence-employment services.
(12) Services connecting individuals to education.
(13) Any other service that supports individuals and families to promote housing stability, foster community integration and inclusion, and develop natural support networks and that are offered through a trauma-informed, culturally-competent approach.
(ao) “Tenancy transition services” means using evidence-based service models to provide any of the following:
(1) Screening and assessing the tenant’s preferences and barriers to successful tenancy.
(2) Developing an individualized housing support plan that includes motivational interviewing and goal setting.
(3) Assistance with the housing application and search
process.
(4) Identifying resources to cover expenses for move-in and furniture costs.
(5) Ensuring that the living environment is safe and ready for move-in.
(6) Assisting and arranging for the details of the move.
(7) Developing a housing support crisis plan that includes prevention and early intervention when housing is jeopardized.
(8) Engagement services.
(9) Any other evidence-based services that an individual tenant may require to move into permanent housing.
(ap) “Very
low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code.
13054.
(a) Notwithstanding any other law and to the extent allowable under federal law, assistance, services, or supports received pursuant to this chapter are not income of the participant for purposes of determining eligibility for, or benefits pursuant to, any public assistance program. Participation in other benefits or housing or housing-based services programs shall not disqualify a person or household from being a participant for purposes of housing or services funded pursuant to this chapter.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid provision or application.
13055.
(a) The council shall administer allocations from the fund to counties and continuums of care that apply jointly pursuant to Section 13058 and to large cities that apply pursuant to Section 13059. The council shall administer the fund and allocate the moneys in the fund as follows:(1) The council may expend up to 5 percent of the moneys available in the fund in any calendar year for purposes of administering the program, including for ongoing technical assistance and training to recipients, measuring data and performance, and the costs of the Franchise Tax Board incurred in implementing this chapter.
(2) The council shall set aside two hundred million dollars ($200,000,000) for bonus awards to recipients, as provided in subdivision (e) of Section 13056.
(3) (A) The council shall allocate the remaining amount in the fund after the allocations made pursuant to paragraphs (1) and (2) as follows:
(i) Sixty percent of the amount described in this paragraph to counties and continuums of care applying jointly, pursuant to Section 13058.
(ii) Forty percent of the amount described in this paragraph to large cities, pursuant to Section 13059.
(B) The council shall allocate funding to eligible recipients in accordance with this
paragraph that apply and meet the applicable threshold requirements under Section 13058 or 13059, as applicable, according to the following formula:
(i) The council shall afford 70 percent weight based on the 2019 homeless point-in-time count conducted by the United States Department of Housing and Urban Development for the relevant jurisdiction.
(ii) The council shall afford 30 percent weight based on the number of extremely low income households who are severely rent burdened in the relevant jurisdiction, based on the most recent American Community Survey at the time of the application.
(b) Each recipient and subrecipient shall ensure that any expenditure of moneys allocated to it pursuant to this chapter serves the
eligible population, unless otherwise expressly provided in this chapter.
(c) Moneys allocated pursuant to this chapter shall not be used to pay for land acquisition or for construction work.
13056.
(a) In allocating moneys under the program, the council shall comply with the following:(1) No later than September 1, 2022, the council shall develop guidelines and draft notices of funding availability or requests for proposal in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2) No later than January 1, 2023, and no later than March 1 of each year thereafter, the council shall issue award notices.
(3) No later than March 31, 2023, and no later than April 1 of every other year thereafter, the council shall allocate all available funding for each two-year cycle.
(4) The council shall issue a notice of funding availability or request for proposal, as applicable, on a consistent basis every two years.
(b) (1) The council shall develop a simple application that an entity eligible to receive an allocation under this chapter may use to apply for that allocation and, consistent with the requirements of this chapter, common standards for recipients to monitor, report, and ensure accountability, provide services, and subsidize housing. The council shall, to the extent feasible and consistent with the requirements of this
chapter, ensure that the common standards are the same or similar for each applicant.
(2) To the extent feasible, the council shall work with the agency to connect services available under other programs, including, but not limited to, services provided under the Medi-Cal Act (Chapter 7 (commencing with Section 14000)), to housing opportunities through the fund.
(c) The council shall issue applications for allocations to counties and continuums of care, pursuant to Section 13058, and to large cities, pursuant to Section 13059, on the same date and subject to the same deadlines. The council shall require that recipients under Sections 13058 and 13059, as applicable, provide the following information in their applications:
(1) The expected outcomes, numeric goals, and performance measures established through consultation between the applicant and council staff pursuant to subdivision (g), as well as a description of policy changes the applicant will take to ensure racial and gender equity in service delivery, housing placements, and housing retention and changes to procurement or other means of affirming racial and ethnic groups that are overrepresented among residents experiencing homelessness have equitable access to housing and services.
(2) A description of the specific actions, including funding allocations, that will be taken to affirmatively eliminate gender disparities in accessing homeless systems.
(3) Evidence that the
applicant will adhere to Housing First in housing and housing-based services programs.
(4) Specific roles and responsibilities for each local agency, continuum of care, and providers, including roles and responsibilities in implementing systems improvements.
(5) A description of how the applicant will prevent returns to homelessness among the eligible population.
(6) Goals for cross-agency collaboration, including demonstration of collaboration between large cities, counties, and continuums of care, to foster evidence-based solutions to homelessness.
(7) An identification of the agency or agencies that will administer the funding, ensuring agencies have relevant
experience.
(8) In the case of a joint application by a county and a continuum of care pursuant to Section 13058, a description of how the recipient will align and leverage state funding with existing resources to create a flexible pool of funds.
(9) In the case of a joint application by a county and a continuum of care pursuant to Section 13058, a description of how the applicant will prevent exits to homelessness from institutional settings, including plans to scale funding from mainstream systems for evidence-based housing and housing-based solutions to homelessness.
(10) Ways in which the applicant will include people with lived expertise of homelessness in planning and decisionmaking.
(11) Processes to include youth and adults with lived expertise of homelessness in decisionmaking, which may include, but is not be limited to, planning and program delivery, advisory boards, and technical assistance.
(d) (1) Based on the statewide needs and gaps analysis conducted pursuant to Section 8257.1, the council shall establish performance outcomes to make homelessness rare, brief, and nonrecurring, and develop guidelines, with stakeholder input, to include criteria in setting state and recipient performance outcome goals, informed by United States Department of Housing and Urban Development system performance measures.
(2) The council shall consult with applicants to identify ambitious
and achievable performance outcomes that are measurable and consistent with United States Department of Housing and Urban Development performance standards. The council shall work with applicants to achieve more challenging outcomes for each progressive grant cycle.
(3) Applicants shall demonstrate an intent to apply before engaging in consultation with the council pursuant to paragraph (2), and may submit an application once the council approves the applicant’s performance outcomes.
(4) Based on criteria in guidelines and data of needs in the recipient’s jurisdiction, the council and each recipient shall establish the performance outcomes for the initial cycle within the first year of award. These performance outcomes may include systems changes to help the recipient meet subsequent
performance outcomes and reductions in the number of people living in unsheltered settings.
(5) The council and each recipient shall establish outcome goals before each subsequent grant cycle, as follows:
(A) Performance outcomes in subsequent cycles shall include, at minimum, the following:
(i) A specified reduction in the number of people experiencing homelessness.
(ii) Specific outcomes for more equitably serving populations
overrepresented among the eligible population.
(iii) Specified reductions in racial and gender disparities among people experiencing homelessness in subsequent grant cycles.
(B) Other performance outcomes may include, but are not limited to, the following:
(i) A minimum number of people experiencing homelessness who are diverted from a homeless shelter or who have successfully accessed permanent housing during the relevant period.
(ii) Minimum reductions in people becoming homeless, including targeted homelessness prevention and reductions in returns to homelessness.
(iii) A minimum
number of people exiting homelessness during the relevant period.
(iv) Commitments of funding to solve homelessness from existing resources used to address mental illness, substance use, medical care, the justice system, and child welfare involvement within the jurisdiction.
(v) Meaningful commitments of local housing and homeless services funding toward solving homelessness.
(vi) Memoranda of understanding for interjurisdictional collaboration, with specific agreements to meet performance standards.
(e) The council shall establish a process and guidelines for awarding bonus funding to recipients under Sections 13058 and 13059, from the moneys
described in paragraph (3) of subdivision (a) of Section 13055, in accordance with the following:
(1) (A) The council shall award bonus funding to each recipient in the first two-year cycle of the recipient’s award.
(B) A recipient shall use bonus funding awarded pursuant to this paragraph for the following purposes:
(i) Conducting or working with a technical assistance provider to conduct or update a countywide homeless gaps and needs analysis.
(ii) Capacity building and workforce development for the jurisdiction’s administering staff and providers.
(iii) Funding gaps in existing
evidence-based programs serving people experiencing homelessness.
(iv) Investing in data systems to meet reporting requirements or strengthen the recipient’s HMIS.
(v) Creating a mechanism for pooling and aligning housing and services funding from existing, mainstream, and new funding.
(vi) Strengthening existing interim interventions to ensure those systems operate safely in the wake of COVID-19 and other public health crises.
(vii) Improving homeless point-in-time counts.
(viii) Improving coordinated entry systems or creating a youth-specific coordinated entry system.
(ix) Funding operating subsidy reserves in capital projects, if the jurisdiction does not require the above systems improvements.
(2) (A) If, after the first or a subsequent grant cycle, as applicable, a recipient has achieved the performance outcomes approved by the council pursuant to subdivision (d) for that cycle, the council shall award bonus funding in the next award cycle.
(B) A recipient may use bonus funding awarded pursuant to this paragraph for any purpose, consistent with the following requirements:
(i) The recipient shall use the bonus funding awarded pursuant to this paragraph to serve the
eligible population or people at imminent risk of homelessness, as defined in this chapter.
(ii) The recipient shall report to the council on the use of bonus funding awarded pursuant to this paragraph and request approval from the council for that use.
(iii) The recipient may only use bonus funding for the purpose reported pursuant to clause (ii) if the council approves that use of funding. The council shall approve a requested use of funding if, in the council’s judgment, the recipient’s proposed use would further the purposes of this chapter.
(3) If, by a date determined by the council at the end of the first or a subsequent grant cycle, as applicable, a recipient has failed to achieve the outcomes approved by the council
pursuant to subdivision (d) for that cycle, the council shall reduce or deny bonus funding to that recipient in the next award cycle. Any moneys dedicated for bonus funding pursuant to paragraph (2) of subdivision (a) of Section 13055 that is not awarded to a recipient in any award cycle for failure to achieve outcomes, as provided in this paragraph, shall revert to the fund and the council shall allocate those moneys as bonus funds to other recipients that have met their approved outcomes in accordance with this subdivision.
(f) The council shall work closely with recipients under Sections 13058 and 13059 to provide technical assistance to those recipients and their subrecipients in complying with the requirements of this chapter and achieving the performance standards approved by the council pursuant to subdivision (d). Technical assistance
under this subdivision shall include, but is not limited to, all of the following:
(1) Using data to develop a systems model that identifies investments needed for evidence-based interventions to impact system flow and exits to permanent housing, based on a gaps and needs analysis.
(2) Working regionally to scale up housing and services interventions.
(3) Adopting Housing First core components.
(4) Reducing racial disparities in homelessness and racial and gender disparities in access to housing and services.
(5) Creating a flexible subsidy pool or other mechanism that aligns housing
and services funding, including funding under this chapter, as well as existing funding under mainstream programs.
(6) Meeting United States Department of Housing and Urban Development performance metrics and standards for reductions in homelessness.
(g) The council shall develop quality standards with which each recipient shall comply. These quality standards shall include, but are not limited to, the following:
(1) (A) (i) Except as otherwise provided in clause (ii), each housing unit shall include a bathroom and an easily accessible kitchen or kitchenette.
(ii) If the tenant resides in a single-room occupancy setting, each
housing unit shall be equipped with either a bathroom within the unit or a shared bathroom and a shared kitchen that is easily accessible to tenants. Jurisdictions shall give preference to units with bathrooms and sinks within the unit.
(B) For purposes of this paragraph, the council shall develop standards for a kitchen or kitchenette to be deemed easily accessible consistent with the requirements of this chapter.
(2) Shared housing units funded under the program shall be subject to the following restrictions:
(A) Before referring a tenant to shared housing, the referring entity shall consider the following:
(i) Any functional limitations of the tenant.
(ii) Whether the proposed housing configuration may put the tenant at risk of gender-based violence, consistent with training on gender-based violence.
(B) Referrals to shared housing shall be consistent with tenant choice in whether to participate in shared housing and with whom the tenant will reside in that shared housing.
(C) A provider of shared housing shall offer services appropriate to meet the needs of tenants living in that shared housing, including services in mitigating conflicts between tenants and services helping tenants move to other housing options, according to tenant choice.
(D) For all shared housing units, each participant, other than a participant
who is a minor accompanied by an adult or two adult participants who constitute a single household, shall be offered their own bedroom with a door that has a functioning lock and be required to sign a separate lease agreement.
(3) Supportive housing funded under the program shall comply with the following requirements:
(A) A majority of the services shall be provided onsite, and any offsite services shall be easily accessible to tenants through transportation.
(B) Each tenant shall have a tenancy support specialist that the tenant knows, with a specialist-to-tenant ratio that is consistent with best practices for the population served.
(h) (1) (A) Except as otherwise provided in subparagraph (B), each recipient shall expend moneys allocated to it under the program according to the following schedule:
(i) For the first award cycle, the recipient shall contractually obligate 100 percent of the amount allocated to it pursuant to this chapter within three years, and expend the entirety of that amount within four years, of entering into the initial grant agreement.
(ii) For each award cycle after the first award cycle, each recipient shall contractually obligate 100 percent of the amount allocated to it pursuant to this chapter within one year, and expend the entirety of that amount within two years.
(B) Notwithstanding the time periods
specified in subparagraph (A), moneys used to provide an operating subsidy reserve for permanent housing shall be expended over a period of at least 17 years.
(2) (A) If a recipient fails to obligate or expend moneys allocated to it, uses grant moneys allocated to it under this chapter for a purpose not authorized under the program, or fails to apply for an allocation of grant funds within the initial award cycle under the program, the council shall do either of the following:
(i) Select an alternative entity to administer that recipient’s allocation through a competitive application process, in accordance with the requirements of subparagraph (C).
(ii) Solely establish the performance outcomes and
program priorities for the recipient jurisdiction, consistent with the
requirements and purposes of this chapter, and work with local, regional, or statewide public entities to administer the recipient’s allocation on behalf of the recipient.
(B) If the council determines that there is no alternative entity that can effectively administer a recipient’s allocation, any moneys previously allocated to that recipient and not expended shall revert to the fund for further allocation to other recipients in accordance with this chapter.
(C) An alternative entity selected pursuant to clause (i) of subparagraph (A) shall be a public entity or a nonprofit entity with relevant experience.
(D) (i) An alternative entity selected pursuant to clause (i) of subparagraph
(A) shall administer a recipient’s allocation pursuant to this paragraph for a minimum of two grant cycles after entering into a grant agreement.
(ii) After the second grant cycle administered by an alternative entity, the council may reinstate the original recipient to administer moneys allocated in subsequent grant cycles if, in the council’s judgment, the recipient has demonstrated the capability to effectively administer those moneys consistent with the purposes of this chapter. The council shall develop a process by which a recipient may seek reinstatement pursuant to this clause.
(i) The council shall establish a process for awarding recipients under Sections 13058 and 13059 grants in subsequent years in accordance with the following:
(1) To the extent feasible, each recipient under Sections 13058 and 13059 shall continue to receive annual allocations on a consistent date selected by the council that aligns favorably with other, similar allocations of state moneys, including, but not limited to, allocations of tax credits by the California Tax Credit Allocation Committee.
(2) If a city that is not a large city at the time of the initial allocation subsequently becomes a large city and meets the threshold criteria under the program after the first year of allocations pursuant to this chapter, the council shall revise the amount of annual allocations to recipients under Section 13059 at least 180 days, but no more than one year, after the date on which the city establishes eligibility
under this chapter. Consistent with the requirements of this chapter, the council may establish a revised formula that minimizes the impact on existing recipients.
(j) If deemed appropriate or necessary, the council shall request the repayment of funds from a recipient or pursue any other remedies available by law for failure to comply with the requirements of this chapter.
(k) The council shall establish an advisory committee to inform state and local policies, practices, and programs, which shall include individuals with relevant lived experiences, with respect to the following:
(1) The experiences of African Americans and other overrepresented racial and ethnic
groups experiencing homelessness.
(2) The experiences of women and female-identified persons experiencing homelessness.
(3) The experiences of youth experiencing homelessness, including a youth advisory board.
(l) A county and continuum of care applying jointly pursuant to Section 13058 may elect in the grant agreement to request that the State Department of Social Services contract with local agencies or nonprofit organizations providing the housing and housing-based services described in this chapter in exchange for a percentage of the allocation to the county and continuum of care for administrative costs under Section 13058, as determined by the State Department of Social Services.
(m) Any housing or interim intervention receiving a subsidy under this chapter shall comply with all applicable state laws governing building safety and habitability.
(n) Each recipient and subrecipient shall comply with the core components of Housing First described in subdivision (b) of Section 8255.
(o) The council shall not require recipients to submit invoices for payment, and shall fund the entire grant awarded under Sections 13058 or 13059, as applicable, within 60 days of notice of award.
13057.
(a) Each recipient shall annually report to the council, in the form and manner prescribed by the council, on the data reported to the United States Department of Housing and Urban Development and, in addition, the following information:(1) The amount of fund moneys expended on each eligible activity under Section 13058 or 13059, as applicable, and the number of people served under the program.
(2) Steps taken to advance racial and gender equity within the recipient’s programs and services.
(3) Steps taken to improve systems serving the
eligible population.
(b) The council shall seek philanthropic funding to augment funding for evaluations under this chapter.
(c) The council shall conduct regular monitoring and audits of the activities and outcomes of recipients under Sections 13058 and 13059. In complying with the requirements of this subdivision, the council shall develop a process for monitoring how recipients are spending allocations and compliance with this chapter and whether each recipient’s activities are resulting in pathways to permanent housing, permanent housing placements, and permanent housing retention.
(d) Notwithstanding Section 10231.5 of the Government Code, no later than January 1, 2024, and every fifth January 1 thereafter, the
council shall evaluate the outcomes of the program and submit a report documenting that evaluation to the Assembly Committee on Housing and Community Development and the Senate Committee on Housing in compliance with Section 9795 of the Government Code. The evaluation shall include, but not be limited to, the following:
(1) Data reported by recipients pursuant to this section, including data on the number of people served and the number of participants accessing permanent housing.
(2) The status of coordinated entry systems and training or capacity building programs across a sample of geographically diverse communities.
(3) Innovations developed to reduce exits from
institutional settings to homelessness and the outcomes of these innovations.
(4) The progress of recipient coordination and collaboration and housing stability outcomes.
(5) Any agreements reached and coordination brokered between jointly applying counties and continuums of care and cities to use funds in a consistent manner, to prioritize specific populations jointly, to scale up interventions by working across regions, and to offer housing and housing-based services.
(6) The extent to which racial and ethnic demographic groups of persons overrepresented in the homeless population are served under the program, including housing opportunities, housing placements,
and housing retention.
(7) The extent to which women and female-identified people are served under the program, including access to housing opportunities, housing placements, and housing retention.
(8) To the extent feasible, impacts on other state programs,
including, but not limited to, the utilization of acute care or skilled nursing facilities funded through the Medi-Cal Act (Chapter 7 (commencing with Section 14000)), recidivism to prison, and avoidance of foster care placements, as well as reductions or avoidance of other institutional settings, including hospitals, among the eligible population.
13058.
(a) A county and continuum of care that submit a joint application and meet the requirements of this section shall be eligible to receive an allocation of moneys from the fund.(b) A county and continuum of care that jointly receive an allocation pursuant to this chapter may use up to 10 percent of the amount of that allocation for the costs of administering the allocation. For purposes of this subdivision, “costs of administering” do not include costs associated with staffing to provide services, data collection, or reporting or costs to subrecipients to provide housing or services to the eligible population. Recipients shall pay a reasonable administrative rate to
all subrecipients.
(c) (1) A county and continuum of care applying jointly for an allocation shall provide the following evidence of collaboration to the council:
(A) Either of the following:
(i) Evidence that the board of supervisors of the county and the governing body of the continuum of care each approved the joint funding plan before the submission of the application.
(ii) A memorandum of understanding between the chief executive officer, or equivalent officer, of the county and of the continuum of care that establishes the allocation plan for the use of the moneys allocated under this chapter.
(B) Evidence of collaborative planning between the county and the continuum of care, which may include, but is not limited to, meeting agenda or minutes of the board of supervisors of the county and the governing body of the continuum of care.
(2) If the geographic area of a continuum of care covers territory located in more than one county, each of those counties shall submit a single application that includes a plan outlining the roles, functions, identified uses, and processes for cross-jurisdictional housing referrals between each county.
(d) Recipients under this section shall use the allocation of moneys provided under this chapter for one or more of the following eligible activities:
(1) Rental
assistance and master leasing for permanent housing.
(2) Operating subsidies for funding building security, utilities, janitorial costs, and similar costs in existing affordable and
supportive housing projects.
(3) Operating costs of transitional housing projects serving persons under 25 years of age that comply with the core components of Housing First described in subdivision (b) of Section 8255.
(4) Incentives to landlords to provide permanent housing, including, but not limited to, payment of security deposits, holding fees, signing bonuses, repairs made in advance of occupancy to ensure compliance with habitability standards, and contractors to assist the landlord in making repairs.
(5) Move-in assistance, including, but not limited to, security deposits, utility assistance, furniture, and other household goods.
(6) Housing navigation, housing acquisition support, housing transition, and tenancy support services to help participants move into housing and remain stably housed, housing-based employment services, and linkages to education.
(7) For persons at imminent risk of homelessness, homelessness prevention, problem solving, and other rapid resolution programs to assist these persons in becoming or remaining stably housed, so long as these interventions are targeted to people likely to become homeless, based on data.
(8) Systems improvements, including, but not limited to, strengthening coordinated entry systems and assessment systems, collaboration between city and county agencies to coordinate resources and prevent discharges from institutional settings into homelessness,
and HMIS system and data matching advances.
(9) (A) Subject to subparagraph (B), payment of an amount equal to the nonmedical out-of-home care rate for individuals without incomes and the enhanced services rates for those with or without incomes in licensed residential facilities for eligible participants who require care and supervision due to high vulnerability and complex needs. Moneys expended for the purposes described in this paragraph may be used to pay for the costs of board and care of eligible participants.
(B) (i) Funding for the activities described in subparagraph (A) shall not exceed 20 percent of the recipient’s allocation.
(ii) Eligible participants shall only be
referred to licensed residential facilities in the following instances:
(I) If a licensed health care professional refers the eligible participant as requiring care and supervision.
(II) If an existing supportive housing tenant’s care needs can no longer be met in supportive housing, as determined by a licensed health care professional.
(iii) The council shall ensure recipients have developed a local process to ensure participant referrals to licensed residential facilities are to the least restrictive, most integrated setting possible, provide tenants, to the extent possible, with choice in where to live and with whom to share housing, monitor quality to ensure that facilities offer high-quality and dignified care and
services, and that individuals are not referred to facilities that do not meet their needs due to a lack of other housing options, or as the only option for people experiencing homelessness to access long-term stability. Monitoring of quality is not intended to replace or duplicate the responsibilities of the Community Care Licensing Division of the State Department of Social Services.
(iv) The council shall review data as it becomes available and report to the Assembly Committee on Housing and Community Development and Senate Committee on Housing on publicly released, independent research and data on the need of people experiencing homelessness for care and supervision or alternatives for referral of people with high vulnerability and complex needs to access less restrictive options. A report required to be submitted pursuant to this
clause shall be submitted in compliance with Section 9795 of the Government Code.
(10) (A) Subject to subparagraph (B), one or more of the following:
(i) Shelter diversion and operating support for interim interventions.
(ii) Safe parking programs, including safe parking programs for
college students experiencing homelessness.
(iii) Moving persons from congregate shelters or sites to noncongregate shelter for the purposes of complying with public health guidance during and after the COVID-19 pandemic and other future public health emergencies where public health officials recommend social distancing to mitigate disease spread.
(B) (i) Except as otherwise provided in clause (ii), the recipient shall use no more than 50 percent of its allocation in the first grant cycle, and no more than 30 percent of each subsequent grant cycle, for the activities described in this paragraph.
(ii) The council may waive or increase the limitation
specified in this subparagraph with respect to the activities described in clause (i) of subparagraph (A) if the recipient demonstrates, to the satisfaction of the council, that the recipient is funding a similar ratio of permanent housing to interim housing, consistent with data and reflected in the intent of this section and the council’s guidelines.
(e) During the term of any allocation provided to a county and continuum of care that apply jointly pursuant to this section, the
recipient shall do all of the following:
(1) Offer robust services in supportive housing, as well as housing navigation, housing acquisition support, and housing transition services, through a standardized contract that the county and the continuum of care develop in collaboration with homeless service providers, using evidence-based standards.
(2) Funnel resources through a mechanism or develop a mechanism within 180 days of entering into a grant agreement to combine moneys allocated under this chapter with local private and existing local, state, and federal public moneys across the continuum of care, the county, or a multicounty region toward common standards for funding permanent housing, services, and, if necessary, interim interventions.
(3) Allocate funding for rental assistance and operating subsidies through an agency with experience administering housing subsidies and recruiting landlords. The agency may be a housing authority formed pursuant to the Housing Authorities Law (Chapter 1 (commencing with Section 34200) of Part 2 of Division 24 of the Health and Safety Code), a nonprofit organization, or another public entity that administers other moneys for purposes similar to those described in this chapter.
(4) Adopt, and require any subrecipients to adopt, the core components of Housing First described in subdivision (b) of Section 8255 for purposes of administering moneys allocated pursuant to this chapter and implement low-barrier policies for interim interventions funded under this chapter.
(5) Utilize a process for referral of participants to housing through a coordinated entry system, or an alternative process that ensures that persons and areas with the greatest vulnerabilities
receive priority for supportive housing, or, in the absence of an established process, develop a plan for funding systems improvements to create a system in compliance with this paragraph within one year of receiving the allocation, subject to the following:
(A) If the recipient uses funding to pay for operating or services costs of housing converted from existing hotels, motels, or apartments, the recipient may continue to house residents of the existing property, even if not referred through a coordinated entry or similar system.
(B) The recipient may use funding to house participants outside of the boundaries of the county or continuum of care, if housing is available, the referral is based on participant choice, and the referring county or continuum of care funds
the housing and any necessary services, or the receiving county or continuum of care notifies the referring agency within two weeks of intent to fund the costs of housing and any necessary services.
(C) To the extent feasible, referrals to housing should take into account participant choice, and services should include efforts to assist people to move into communities in which they are residing, if consistent with participant choice, and where the participant has access to services and community amenities.
(6) Use HMIS data for all outcomes reporting.
(7) Establish or use an existing process for training services and property management staff in evidence-based and best practices.
(8) Ensure that survivors of gender-based violence are able to access housing and housing-based services.
(9) Prioritize a portion of resources to populations experiencing homelessness who face barriers to accessing housing or who make up a disproportionate number of people experiencing homelessness, based on data from a needs and gaps analysis or an amendment updating an existing needs and gaps analysis, consistent with the following:
(A) Prioritizing specific populations for resources under this paragraph shall not exclude serving other populations.
(B) The recipient shall ensure that prioritization pursuant to this paragraph does not result in a disproportionate impact on African American or indigenous
populations or other persons of color.
(10) Ensure that at least 10 percent of the amount of allocation it receives under this chapter serves participants who are youth experiencing homelessness, in accordance with the following
requirements:
(A) The continuum of care applying jointly with the county shall ensure that the coordinated entry system used to assess and refer youth to housing created with funding provided under the program includes a youth-specific coordinated entry access point and uses screening and assessment tools that contemplate the specific needs of youth experiencing homelessness.
(B) Recipients and subrecipients shall offer supportive services designed to meet the unique needs of youth experiencing homelessness, which may include, but is not limited to, the following:
(i) Problem-solving services to maintain existing housing.
(ii) Housing
navigation and housing acquisition support.
(iii) Substance use disorder education, prevention, or treatment services, including group supports.
(iv) Access to education and employment assistance, including, but not limited to, literacy and graduation equivalent diploma programs, vocational training, and supports to enroll and participate in institutions providing secondary or postsecondary education, including supports to applying for financial aid.
(v) Independent living skill development, economic stability, and mobility services.
(vi) Counseling, tenancy support, and case management services.
(vii) Screening, assessment, and treatment or referral of behavioral and physical health care services.
(viii) Services for pregnant and parenting youth.
(ix) Services for lesbian, gay, bisexual, transgender, and questioning youth.
(x) Family support, including family reunification, when safe and appropriate, and engagement and intervention, when appropriate.
(xi) Family finding services to identify appropriate family members.
(xii) Outreach to youth who are experiencing homelessness.
(xiii) Legal representation and
connection to public benefits for which the unaccompanied homeless youth are eligible or entitled to receive, including foster care.
(C) Providers with which a recipient contracts to provide services to youth in accordance with this paragraph shall proactively engage youth experiencing homelessness to determine which supportive services meet the needs of each participant and, if appropriate, the participant’s family.
(D) Providers with whom recipients contract to provide services to youth shall work with colleges and universities to market programs to students experiencing homelessness.
(f) (1) Upon the request of a large city located within a recipient county, and pursuant to a memorandum of understanding,
the county shall allocate a portion of the moneys allocated to it under this chapter for support services and operating subsidies for new supportive housing units in the city, provided that the county recipient obligates and uses the moneys allocated to it within the time periods specified in subdivision (h) of Section 13056. The amount provided to a large city pursuant to this paragraph shall not exceed 40 percent of the large city’s proportionate share of the county’s most recent homeless point-in-time count, unless the recipient county, in its discretion, determines that greater amount is appropriate.
(2) The recipient county’s obligation to fund support services and operating subsidies pursuant to this subdivision shall be proportionate to the share of funding for new housing used for those
purposes from the total amount allocated to the recipient under this chapter.
(3) Nothing in this subdivision shall be construed to require a county or continuum of care to allocate moneys provided under this chapter to a large city to fund services provided at any interim intervention that the city funded.
(4) Notwithstanding any other provision of this chapter, in committing operating subsidies to a supportive housing project funded by a large city pursuant to this subdivision, a recipient may commit an operating subsidy reserve that includes at least 17 years for those operating subsidies.
(g) Each jointly applying county and continuum of care
shall ensure that funding received and allocations made pursuant to this chapter are used consistent with data on geographic need.
13059.
(a) A large city that submits an application and meets the requirements of this section shall be eligible to receive an allocation from the fund.(b) A large city that receives an allocation pursuant to this chapter may use up to 10 percent of the amount of that allocation for the costs of administering the allocation. For purposes of this subdivision, “costs of administering” do not include costs associated with staffing to provide services, data collection, or reporting or costs to subrecipients to provide housing or services to the eligible populations. Recipients shall pay a reasonable administrative rate to all subrecipients.
(c) Recipients under this section shall use the allocation of moneys provided under this chapter for one or more of the following eligible activities:
(1) Operating subsidy reserves, capitalized over at least 17 years, for affordable housing projects that serve the eligible population.
(2) Flexible funding to help the eligible population move into permanent housing and, for persons under 25 years of age, into transitional housing that follows the core components of Housing First, consistent with the individual’s choice.
(3) Prevention and problem-solving.
(4) (A) Subject to subparagraph (B), one or more of the following:
(i) Interim interventions based on an annual needs assessment and taking into consideration commitments made over the five years prior to the date of the recipient’s application to shelter beds that have not yet been constructed or created.
(ii) Activities to move persons from congregate sites to noncongregate shelters for the purposes of complying with public health guidance during and after the COVID-19 pandemic and future public health emergencies where social distancing is recommended to mitigate disease spread.
(iii) Outreach, engagement,
and other services to assist persons in connecting to permanent housing.
(iv) Health interventions, including, but not limited to, hygiene centers.
(v) Storage of belongings.
(vi) Safe parking and overnight, warm places where persons can sleep, including safe parking sites for college students experiencing homelessness.
(B) (i) Except as otherwise provided in clause (ii), the recipient shall use no more than 50 percent of its allocation in the first grant cycle, and no more than 35 percent of each subsequent grant cycle, for
the activities described in this paragraph.
(ii) The council may waive or increase the limitation specified in this subparagraph with respect to the activities described in clause (i) of subparagraph (A) if the recipient demonstrates, to the satisfaction of the council, that the recipient is funding a similar ratio of permanent housing to interim housing, consistent with local data on need.
(d) During the term of any allocation provided to a large city that applies pursuant to this section, the recipient shall do all of the following:
(1) (A) Refer tenants to supportive housing units through a coordinated entry system, or an alternative process that ensures that persons with the greatest vulnerabilities
receive priority. To the extent feasible, referrals shall take into account participant choice, and referral services shall include efforts to refer persons in a community in which they choose to reside and have access to community-based services and natural supports.
(B) If a recipient uses funding to pay for operating or services costs of housing converted from existing hotels, motels, or apartments, the recipient may continue to house residents of the existing property, even if not referred through a coordinated entry or similar system.
(C) A recipient may use funding to house participants outside of the boundaries of the city, provided that housing is available, referral is based on participant choice, and the referring city funds the housing and any necessary services, or
the receiving city or county, if within an unincorporated area, notifies the referring agency within two weeks of intent to fund the costs of housing and any necessary services.
(D) To the extent feasible, referrals to housing should take into account participant choice, and services should include efforts to assist people to move into communities in which they are residing, if consistent with participant choice, and where the participant has access to services and community amenities.
(2) Allocate funding through a local competitive application process.
(3) Use either or both of the following:
(A) HMIS data for all outcomes reporting.
(B) A coordinated entry system to enter and share data across the homelessness system.
(4) Prioritize a portion of resources to populations experiencing homelessness who face barriers to accessing housing or who make up a disproportionate number of people experiencing homelessness, based on data from a needs and gaps analysis or an amendment updating an existing needs and gaps analysis, consistent with the following:
(A) Prioritizing specific populations for resources under this paragraph shall not exclude serving other populations.
(B) The recipient shall ensure that prioritization pursuant to this paragraph does not result in a disproportionate impact on African American
or indigenous populations or other persons of color.
(5) Ensure that at least 10 percent of the amount of allocation it receives under this chapter serves participants who are youth experiencing homelessness, in accordance with the following requirements:
(A) The large city shall ensure that the coordinated entry system used to assess and refer youth to housing created with funding provided under the program includes a youth-specific coordinated entry access point and uses screening and assessment tools that contemplate the specific needs of youth experiencing homelessness.
(B) Recipients and subrecipients shall offer supportive services designed to meet the unique needs of youth experiencing homelessness, which may
include, but is not limited to, the following:
(i) Problem-solving services to maintain existing housing.
(ii) Housing navigation and housing acquisition support.
(iii) Substance use disorder education, prevention, or treatment services, including group supports.
(iv) Access to education and employment assistance, including, but not limited to, literacy and graduation equivalent diploma programs, vocational training, and supports to enroll and participate in institutions providing secondary or postsecondary education, including supports to applying for financial aid.
(v) Independent living skill
development, economic stability, and mobility services.
(vi) Counseling, tenancy support, and case management services.
(vii) Screening, assessment, and treatment or referral of behavioral and physical health care services.
(viii) Services for pregnant and parenting youth.
(ix) Services for lesbian, gay, bisexual, transgender, and questioning youth.
(x) Family support, including family reunification, when safe and appropriate, and engagement and intervention, when appropriate.
(xi) Family finding services to identify appropriate family members.
(xii) Outreach to youth who are experiencing homelessness.
(xiii) Legal representation and connection to public benefits for which the unaccompanied homeless youth are eligible or entitled
to, including foster care.
(C) Providers with which a recipient contracts to provide services to youth in accordance with this paragraph shall proactively engage youth experiencing homelessness to determine which supportive services meet the needs of each participant and, if appropriate, the participant’s family.
(D) Providers with whom recipients contract to provide services to youth shall work with colleges and universities to market programs to students experiencing homelessness.