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AB-1220 Homelessness: California Interagency Council on Homelessness.(2021-2022)

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Date Published: 09/30/2021 02:00 PM
AB1220:v91#DOCUMENT

Assembly Bill No. 1220
CHAPTER 398

An act to amend Sections 50210 and 50216 of the Health and Safety Code, and to amend Sections 8255, 8256, 8257, and 8260 of the Welfare and Institutions Code, relating to state government.

[ Approved by Governor  September 29, 2021. Filed with Secretary of State  September 29, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1220, Luz Rivas. Homelessness: California Interagency Council on Homelessness.
Existing law requires the Governor to establish the Homeless Coordinating and Financing Council and appoint up to 19 members of that coordinating council, including the Secretary of Business, Consumer Services and Housing, or the secretary’s designee, to serve as the chair of the coordinating council. Existing law requires that the coordinating council be under the direction of an executive director, who is under the direction of the Business, Consumer Services and Housing Agency, and staffed by employees of that agency.
This bill would rename the council to the California Interagency Council on Homelessness and would remove authorization for the Secretary of the Business, Consumer Services and Housing’s designee to serve as chair of the council. The bill would instead require the Secretary of the Business, Consumer Services and Housing Agency and the Secretary of the California Health and Human Services Agency to serve as cochairs of the council. The bill would make other changes to the council’s membership, including adding 5 new members, as specified. The bill would require the council to seek guidance from and meet with an advisory committee to the council, consisting of specified members. The bill would also provide that the appointed members of the council or committees serve at the pleasure of their appointing authority. The bill would require a state agency or department that administers one or more state homelessness programs, as described, upon request of the council, to participate in council workgroups, task forces, or other similar administrative structures and to provide to the council any relevant information regarding those state homelessness programs. The bill would also make conforming changes.
This bill would incorporate additional changes to Sections 8256 and 8257 of the Welfare and Institutions Code proposed by AB 977 to be operative only if this bill and AB 977 are enacted and this bill is enacted last.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 50210 of the Health and Safety Code is amended to read:

50210.
 For purposes of this chapter, the following definitions shall apply:
(a) “Administrative entity” means a unit of general purpose local government or a nonprofit organization that has previously administered federal Department of Housing and Urban Development Continuum of Care funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations that has been designated by the continuum of care to administer program funds.
(b) “Agency” means the Business, Consumer Services and Housing Agency.
(c) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(d) “County” includes, but is not limited to, a city and county.
(e) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on May 1, 2018.
(f) “Homeless point-in-time count” means the 2017 homeless point-in-time counts pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.
(g) “Program” means the Homeless Emergency Aid program established pursuant to this chapter.

SEC. 2.

 Section 50216 of the Health and Safety Code is amended to read:

50216.
 For purposes of this chapter:
(a) “Agency” means the Business, Consumer Services and Housing Agency.
(b) “Applicant” means a continuum of care, city, county, or tribe.
(c) “City” means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters.
(d) “Continuum of care” means the same 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 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, 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.
(f) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(g) “Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801.
(h) “Homeless” 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 10, 2019.
(i) “Homeless Management Information System” 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. The term “Homeless Management Information System” also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
(j)  (1)  “Homeless point-in-time count” means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives. A jurisdiction shall submit documentation of this to the agency by the date by which HUD’s certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction’s application for homeless funding.
(2) For purposes of round 4 of the program described in Section 50218.7, “homeless point-in-time count” means the most recent point-in-time count that requires a sheltered and unsheltered count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations completed by all applicants.
(k) “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)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.
(l) “Housing First” has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein.
(m) “Jurisdiction” means a city, city that is also a county, county, continuum of care, or tribe, as defined in this section.
(n) “Navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
(o) “Program” means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter.
(1) “Round 1” of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019.
(2) “Round 2” of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020.
(3) “Round 3” of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2021.
(4) “Round 4” of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2022.
(p) “Program allocation” means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges.
(q) “Recipient” means a jurisdiction that receives funds from the council for the purposes of the program.
(r) “Tribe” or “tribal applicant” means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code.

SEC. 3.

 Section 8255 of the Welfare and Institutions Code is amended to read:

8255.
 For purposes of this chapter:
(a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257.
(b) “Core components of Housing First” means all of the following:
(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services.
(2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.”
(3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness.
(4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals.
(5) Participation in services or program compliance is not a condition of permanent housing tenancy.
(6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes.
(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction.
(8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents.
(9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.
(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses.
(11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants.
(c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations.
(d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
(2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment.
(B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options. Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance.
(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter.

SEC. 4.

 Section 8256 of the Welfare and Institutions Code is amended to read:

8256.
 (a) Agencies and departments administering state programs created on or after July 1, 2017, shall collaborate with the California Interagency Council on Homelessness to adopt guidelines and regulations to incorporate core components of Housing First.
(b) By July 1, 2019, except as otherwise provided in subdivision (c), agencies and departments administering state programs in existence prior to July 1, 2017, shall collaborate with the council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, if the existing guidelines and regulations do not already incorporate the core components of Housing First.
(c) (1) An agency or department that administers programs that fund recovery housing shall comply with the requirements of subdivision (b) by July 1, 2022.
(2)  Until July 1, 2022, an agency or department that administers programs that fund recovery housing shall additionally do all of the following:
(A) In coordination with the California Interagency Council on Homelessness, consult with the Legislature, the Business, Consumer Services, and Housing Agency, the California Health and Human Services Agency, the United States Department of Housing and Urban Development, and other stakeholders between July 1, 2020, and January 1, 2022, to identify ways to improve the provision of housing to individuals who receive funding from that agency or department, consistent with the applicable requirements of state law.
(B) Comply with the core components of Housing First, other than those components described in paragraphs (5) to (7), inclusive, of subdivision (b) of Section 8255.
(C) Ensure that recovery housing programs meet the following requirements:
(i) A recovery housing program participant shall sign an agreement upon entry that outlines the roles and responsibilities of both the participant and the program administrator to ensure individuals are aware of actions that could result in removal from the recovery housing program.
(ii) If a recovery housing program participant chooses to stop living in a housing setting with an abstinence focus, is discharged from the program, or is evicted from housing, the program administrator shall offer assistance in accessing other housing and services options, including options operated with harm-reduction principles. To the extent practicable, this assistance shall include connecting the individual with alternative housing providers, supportive services, and the local coordinated entry system, if applicable. This clause does not apply to an individual who leaves the program without notifying the program administrator.
(iii) The recovery housing program administrator shall track and report annually to the program’s state funding source the housing outcome for each program participant who is discharged.
(3) For purposes of this subdivision, “recovery housing” means sober living facilities and programs that provide housing in an abstinence-focused and peer-supported community for people recovering from substance use issues. Participation is voluntary, unless that participation is pursuant to a court order or is a condition of release for individuals under the jurisdiction of a county probation department or the Department of Corrections and Rehabilitation.

SEC. 4.5.

 Section 8256 of the Welfare and Institutions Code is amended to read:

8256.
 (a) Agencies and departments administering state programs created on or after July 1, 2017, shall collaborate with the California Interagency Council on Homelessness to adopt guidelines and regulations to incorporate core components of Housing First.
(b) By July 1, 2019, except as otherwise provided in subdivision (c), agencies and departments administering state programs in existence prior to July 1, 2017, shall collaborate with the council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, if the existing guidelines and regulations do not already incorporate the core components of Housing First.
(c) (1) An agency or department that administers programs that fund recovery housing shall comply with the requirements of subdivision (b) by July 1, 2022.
(2)  Until July 1, 2022, an agency or department that administers programs that fund recovery housing shall additionally do all of the following:
(A) In coordination with the California Interagency Council on Homelessness, consult with the Legislature, the Business, Consumer Services and Housing Agency, the California Health and Human Services Agency, the United States Department of Housing and Urban Development, and other stakeholders between July 1, 2020, and January 1, 2022, to identify ways to improve the provision of housing to individuals who receive funding from that agency or department, consistent with the applicable requirements of state law.
(B) Comply with the core components of Housing First, other than those components described in paragraphs (5) to (7), inclusive, of subdivision (b) of Section 8255.
(C) Ensure that recovery housing programs meet the following requirements:
(i) A recovery housing program participant shall sign an agreement upon entry that outlines the roles and responsibilities of both the participant and the program administrator to ensure individuals are aware of actions that could result in removal from the recovery housing program.
(ii) If a recovery housing program participant chooses to stop living in a housing setting with an abstinence focus, is discharged from the program, or is evicted from housing, the program administrator shall offer assistance in accessing other housing and services options, including options operated with harm-reduction principles. To the extent practicable, this assistance shall include connecting the individual with alternative housing providers, supportive services, and the local coordinated entry system, if applicable. This clause does not apply to an individual who leaves the program without notifying the program administrator.
(iii) The recovery housing program administrator shall track and report annually to the program’s state funding source the housing outcome for each program participant who is discharged.
(3) For purposes of this subdivision, “recovery housing” means sober living facilities and programs that provide housing in an abstinence-focused and peer-supported community for people recovering from substance use issues. Participation is voluntary, unless that participation is pursuant to a court order or is a condition of release for individuals under the jurisdiction of a county probation department or the Department of Corrections and Rehabilitation.
(d) (1) Beginning on January 1, 2023, a grantee or entity operating any of the following state homelessness programs, as a condition of receiving state funds, shall enter the required data elements described in paragraph (8) on the individuals and families it serves into its local Homeless Management Information System, as required by the United States Department of Housing and Urban Development guidance described in paragraph (8), unless otherwise exempted by state or federal law:
(A) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code.
(B) The Housing for a Healthy California Program established pursuant to Part 14.2 (commencing with Section 53590) of Division 31 of the Health and Safety Code.
(C) The No Place Like Home Program established pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5.
(D) The Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
(E) The Veterans Housing and Homeless Prevention Act of 2014, as established by Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code.
(F) The Bringing Families Home Program, as established by Article 6 (commencing with Section 16523) of Chapter 5 of Part 4 of Division 9.
(G) The CalWORKs Housing Support Program, as established by Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3 of Division 9.
(H) The Housing and Disability Income Advocacy Program, as established by Chapter 17 (commencing with Section 18999) of Part 6 of Division 9.
(I) The Community Colleges Homeless and Housing Insecure Pilot Project, as established by funds appropriated by the Budget Act of 2019.
(J) The Homeless Housing, Assistance, and Prevention Program established in Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code.
(2) Council staff, in consultation with respective administering state agencies or departments, shall specify the entry format and disclosure frequency for the programs subject to this subdivision to submit the data elements as specified in paragraph (1) to inform and meet the council’s statewide objectives and goals described in Section 8257.
(3) (A)   The requirements of paragraph (1) shall additionally apply to all new state homelessness programs that commence on or after July 1, 2021.
(B) New state homelessness programs and new grantees of the existing state programs described in paragraph (1) may be granted an extension of up to one year from program launch to meet the requirements of this subdivision.
(4) For purposes of this subdivision, state homelessness programs are defined as those programs that are funded, in whole or in part, by the state with the express purpose of addressing or preventing homelessness or providing services to people experiencing homelessness. This definition shall be broadly construed for the purpose of carrying out the requirements of this subdivision.
(5) The requirements of paragraphs (1) and (3) do not supplant any existing requirements imposed on a grantee or entity operating a state program described in this subdivision that require the program to report data into their local Homeless Management Information Systems before January 1, 2023.
(6) (A)   Any grantee or entity operating a program described in paragraph (1) or (3) that does not already collect and enter into the local Homeless Management Information System the data elements required under this subdivision shall, upon request, receive technical assistance and guidance from council staff and, as available, from federal partners, including, but not limited to, the United States Department of Housing and Urban Development.
(B) When a grantee or entity operating a program requests technical assistance, the council shall inform the respective administering state agency or department and offer the opportunity to partner or coordinate the provision of technical assistance.
(7) Any grantee or entity operating a program described in paragraph (1) shall, upon request, be granted an extension to meet the requirements in this subdivision, provided noncompliant grantees are making good faith progress towards meeting the requirements. An extension granted under this paragraph shall not extend beyond July 1, 2023. For purposes of this paragraph, “making good faith progress” includes, but is not limited to, engaging in technical assistance offered under paragraph (6) and establishing a plan to comply with this subdivision.
(8) For purposes of this subdivision, required data elements are the Universal Data Elements (Items 3.01–3.917) and the Common Data Elements (Items 4.02–4.20 and Item W5 of the Individual Federal Partner Program Elements) drawn from the United States Department of Housing and Urban Development Homeless Management Information System Data Standards. When necessary, due to federal changes to the items indicated in this paragraph, the required data elements may be amended to maintain alignment with federal standards.
(9) Beginning January 1, 2022, council staff shall provide aggregate data summaries collected in full pursuant to this subdivision to the respective administering state agencies or departments that oversee relevant programs within 45 days of receipt. Where feasible, council staff shall notify the respective administering state agencies or departments at least 14 days before sharing, publicly using, or referencing the data, including, but not limited to, using the data for any substantive analysis, summary statistics, or other findings.

SEC. 5.

 Section 8257 of the Welfare and Institutions Code is amended to read:

8257.
 (a) The Governor shall create an Interagency Council on Homelessness.
(b) The council shall have all of the following goals:
(1) To oversee implementation of this chapter.
(2) To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.
(3) To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness.
(4) To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age.
(5) To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas.
(6) To make policy and procedural recommendations to legislators and other governmental entities.
(7) To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding.
(8) To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding.
(9) To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.
(10) To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness.
(11) To ensure accountability and results in meeting the strategies and goals of the council.
(12) To identify and implement strategies to fight homelessness in small communities and rural areas.
(13) To create a statewide data system or warehouse, that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9) and CalWORKs (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9).
(14) To set goals to prevent and end homelessness among California’s youth.
(15) To improve the safety, health, and welfare of young people experiencing homelessness in the state.
(16) To increase system integration and coordinating efforts to prevent homelessness among youth who are currently or formerly involved in the child welfare system or the juvenile justice system.
(17) To lead efforts to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness.
(18) To identify best practices to ensure homeless minors who may have experienced maltreatment, as described in Section 300, are appropriately referred to, or have the ability to self-refer to, the child welfare system.
(c) (1) The council shall consist of the following members:
(A) The Secretary of the Business, Consumer Services and Housing Agency and the Secretary of the California Health and Human Services Agency, who both shall serve as cochairs of the council.
(B) The Director of Transportation.
(C) The Director of Housing and Community Development.
(D) The Director of Social Services.
(E) The Director of the California Housing Finance Agency.
(F) The Director or the State Medicaid Director of Health Care Services.
(G) The Secretary of Veterans Affairs.
(H) The Secretary of the Department of Corrections and Rehabilitation.
(I) The Executive Director of the California Tax Credit Allocation Committee in the Treasurer’s office.
(J) The State Public Health Officer.
(K) The Director of the California Department of Aging.
(L) The Director of Rehabilitation.
(M) The Director of State Hospitals.
(N) The executive director of the California Workforce Development Board.
(O) The Director of the Office of Emergency Services.
(P) A representative from the State Department of Education, who shall be appointed by the Superintendent of Public Instruction.
(Q) A representative of the state public higher education system who shall be from one of the following:
(i) The California Community Colleges.
(ii) The University of California.
(iii) The California State University.
(2) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the council from two different stakeholder organizations.
(3) The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council.
(4) The council shall hold public meetings at least once every quarter.
(d) The council shall regularly seek guidance from and, at least twice a year, meet with an advisory committee. The cochairs of the council shall appoint members to this advisory committee that reflects racial and gender diversity, and shall include the following:
(1) A survivor of gender-based violence who formerly experienced homelessness.
(2) Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program.
(3) Stakeholders with expertise in solutions to homelessness and best practices from other states.
(4) Representatives of committees on African Americans, youth, and survivors of gender-based violence.
(5) A current or formerly homeless person who lives in California.
(6) A current or formerly homeless youth who lives in California.
(7) This advisory committee shall designate one of the above-described members to participate in every quarterly council meeting to provide a report to the council on advisory committee activities.
(e) Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules.
(f) Upon request of the council, a state agency or department that administers one or more state homelessness programs, including, but not limited to, an agency or department represented on the council pursuant to subdivision (c), the agency or department shall be required to do both of the following:
(1) Participate in council workgroups, task forces, or other similar administrative structures.
(2) Provide to the council any relevant information regarding those state homelessness programs.
(g) The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses.
(h) The appointed members of the council or committees, as described in this section, shall serve at the pleasure of their appointing authority.
(i) The Business, Consumer Services and Housing Agency shall provide staff for the council.
(j) The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.
(k) There shall be an executive officer of the council under the direction of the Secretary of Business, Consumer Services and Housing.
(l) The council shall be under the direction of the executive officer and staffed by employees of the Business, Consumer Services and Housing Agency.

SEC. 5.5.

 Section 8257 of the Welfare and Institutions Code is amended to read:

8257.
 (a) The Governor shall create an Interagency Council on Homelessness.
(b) The council shall have all of the following goals:
(1) To oversee implementation of this chapter.
(2) To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.
(3) To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness.
(4) To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age.
(5) To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas.
(6) To make policy and procedural recommendations to legislators and other governmental entities.
(7) To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding.
(8) To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding.
(9) To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.
(10) To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness.
(11) To ensure accountability and results in meeting the strategies and goals of the council.
(12) To identify and implement strategies to fight homelessness in small communities and rural areas.
(13) To create a statewide data system or warehouse, which shall be known as the Homeless Data Integration System, that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9) and CalWORKs (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9). Upon creation of the Homeless Data Integration System, all continuums of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, that are operating in California shall provide collected data elements, including, but not limited to, health information, in a manner consistent with federal law, to the Homeless Data Integration System.
(A) Council staff shall specify the form and substance of the required data elements.
(B) Council staff may, as required by operational necessity, and in accordance with paragraph (8) of subdivision (d) of Section 8256, amend or modify data elements, disclosure formats, or disclosure frequency.
(C) To further the efforts to improve the public health, safety, and welfare of people experiencing homelessness in the state, council staff may collect data from the continuums of care as provided in this paragraph.
(D) Any health information or personal identifying information provided to, or maintained within, the Homeless Data Integration System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(E) For purposes of this paragraph, “health information” includes “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.
(14) To set goals to prevent and end homelessness among California’s youth.
(15) To improve the safety, health, and welfare of young people experiencing homelessness in the state.
(16) To increase system integration and coordinating efforts to prevent homelessness among youth who are currently or formerly involved in the child welfare system or the juvenile justice system.
(17) To lead efforts to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness.
(18) To identify best practices to ensure homeless minors who may have experienced maltreatment, as described in Section 300, are appropriately referred to, or have the ability to self-refer to, the child welfare system.
(19) To collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs.
(c) (1) The council shall consist of the following members:
(A) The Secretary of the Business, Consumer Services and Housing Agency and the Secretary of the California Health and Human Services Agency, who both shall serve as cochairs of the council.
(B) The Director of Transportation.
(C) The Director of Housing and Community Development.
(D) The Director of Social Services.
(E) The Director of the California Housing Finance Agency.
(F) The Director or the State Medicaid Director of Health Care Services.
(G) The Secretary of Veterans Affairs.
(H) The Secretary of the Department of Corrections and Rehabilitation.
(I) The Executive Director of the California Tax Credit Allocation Committee in the Treasurer’s office.
(J) The State Public Health Officer.
(K) The Director of the California Department of Aging.
(L) The Director of Rehabilitation.
(M) The Director of State Hospitals.
(N) The executive director of the California Workforce Development Board.
(O) The Director of the Office of Emergency Services.
(P) A representative from the State Department of Education, who shall be appointed by the Superintendent of Public Instruction.
(Q) A representative of the state public higher education system who shall be from one of the following:
(i) The California Community Colleges.
(ii) The University of California.
(iii) The California State University.
(2) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the council from two different stakeholder organizations.
(3) The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council.
(4) The council shall hold public meetings at least once every quarter.
(d) The council shall regularly seek guidance from and, at least twice a year, meet with an advisory committee. The cochairs of the council shall appoint members to this advisory committee that reflects racial and gender diversity, and shall include the following:
(1) A survivor of gender-based violence who formerly experienced homelessness.
(2) Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program.
(3) Stakeholders with expertise in solutions to homelessness and best practices from other states.
(4) Representatives of committees on African Americans, youth, and survivors of gender-based violence.
(5) A current or formerly homeless person who lives in California.
(6) A current or formerly homeless youth who lives in California.
(7) This advisory committee shall designate one of the above-described members to participate in every quarterly council meeting to provide a report to the council on advisory committee activities.
(e) Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules.
(f) Upon request of the council, a state agency or department that administers one or more state homelessness programs, including, but not limited to, an agency or department represented on the council pursuant to subdivision (c), the agency or department shall be required to do both of the following:
(1) Participate in council workgroups, task forces, or other similar administrative structures.
(2) Provide to the council any relevant information regarding those state homelessness programs.
(g) The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses.
(h) The appointed members of the council or committees, as described in this section, shall serve at the pleasure of their appointing authority.
(i) The Business, Consumer Services and Housing Agency shall provide staff for the council.
(j) The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.
(k) There shall be an executive officer of the council under the direction of the Secretary of Business, Consumer Services and Housing.
(l) The council shall be under the direction of the executive officer and staffed by employees of the Business, Consumer Services and Housing Agency.

SEC. 6.

 Section 8260 of the Welfare and Institutions Code is amended to read:

8260.
 The following definitions apply for purposes of this chapter:
(a) “Act” means the Homeless Youth Act of 2018 enacted by this chapter.
(b) “Continuum of care” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(c) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council as described in Section 8257.
(d) “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)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.

SEC. 7.

 Section 4.5 of this bill incorporates amendments to Section 8256 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 977. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 8256 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 977, in which case Section 4 of this bill shall not become operative.

SEC. 8.

 Section 5.5 of this bill incorporates amendments to Section 8257 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 977. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 8257 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 977, in which case Section 5 of this bill shall not become operative.