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AB-1017 Homelessness: Striking Worker Emergency Homelessness Prevention program.(2023-2024)

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Date Published: 09/13/2023 09:00 PM
AB1017:v98#DOCUMENT

Amended  IN  Senate  September 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1017

Introduced by Assembly Member Members Holden and Friedman

February 15, 2023

An act to amend Section 627 of, and to repeal Sections 22353, 22353.2, 22353.3, 22353.4, and 22353.5 of, the Vehicle Code, relating to vehicles. An act to amend Sections 50250 and 50254 of, and to add Sections 50254.1, 50254.2, and 50254.3 to, the Health and Safety Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


AB 1017, as amended,  Holden. Engineering and traffic surveys: equestrian safety. Homelessness: Striking Worker Emergency Homelessness Prevention program.
Existing law establishes the Encampment Resolution Funding program to award moneys appropriated as competitive grants to assist cities, counties, and continuums of care in ensuring the safety and wellness of people experiencing homelessness in encampments, to provide encampment resolution grants to resolve critical encampment concerns and transition individuals into safe and stable housing, and to encourage a data-informed, coordinated approach to address encampment concerns. Existing law authorizes a continuum of care, city, or county to submit a specified application to the California Interagency Council on Homelessness for a program grant, and requires the council to prioritize funding applicants that demonstrate a commitment to cross-systems collaboration and innovative efforts to resolve encampment issues, as specified. Existing law requires the council to administer the program in accordance with a specified timeline. Existing law requires grant recipients to provide specified data elements, including health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
This bill would, upon appropriation by the Legislature, create within the Encampment Resolution Funding program the Striking Worker Emergency Homelessness Prevention (SWEHP) program administered by the Labor and Workforce Development Agency. The bill would specify that purpose of the program would be to prevent workers suffering strike-related hardship, as defined, from becoming homeless due to a prolonged labor dispute by making zero-interest loans available to eligible striking workers to assist them in paying their housing costs. The bill would require the agency, in consultation with the Business, Consumer Services, and Housing Agency, to develop an internet website and online application for the program, as specified. The bill would require an applicant for the program to electronically sign a declaration of strike-related hardship, as specified, under penalty of perjury. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would make other conforming changes to the Encampment Resolution Funding program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires an engineering and traffic survey of highway and traffic conditions conducted by a state or local authority for the purpose of setting speed limits to include consideration of certain factors, including prevailing speeds, accident records, and highway, traffic, and roadside conditions. Existing law also authorizes a local authority conducting such a survey to consider additional factors, including pedestrian and bicycle safety and residential density, as specified.

This bill would authorize a local authority to consider equestrian safety when conducting an engineering and traffic survey.

Existing law allows specified cities to consider equestrian safety when conducting an engineering and traffic survey.

This bill would repeal those provisions.

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

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


SECTION 1.

 Section 50250 of the Health and Safety Code is amended to read:

50250.
 For purposes of this chapter, the following definitions shall apply:
(a) “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
(b) “Agency” means the Business, Consumer Services, and Housing Agency.
(c) “Applicant” means a continuum of care or local jurisdiction
(d) “Continuum of care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(f) “County” includes, but is not limited to, a city and county.
(g) “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
(h) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i) “Local jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(j) “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
(k) “Prolonged labor dispute” means a strike or a lockout that lasts 30 or more consecutive weekdays.

(k)

(l) “Recipient” means an applicant that receives grant funds from the council for the purposes of the program.

(l)

(m) “State right-of-way” means real property held in title by the State of California.
(n) “Striking worker” means a worker who is not working because of a strike or a lockout by their employer.
(o) “Striking Worker Emergency Homelessness Prevention program” or “SWEHP program” means the program established pursuant to Section 50254.1.
(p) “Strike-related financial hardship” means that a striking worker has been out of work due to a strike or lockout by their employer during a prolonged labor dispute and is unable to pay their housing costs due to financial distress.

SEC. 2.

 Section 50254 of the Health and Safety Code is amended to read:

50254.
 (a) Notwithstanding any other law, all recipients of funds pursuant to this chapter Sections 50251, 50252, 50252.1, and 50253 shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
(b) (1) The council shall specify the form and substance of the required data elements.
(2) The council may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(3) Grantees shall report individual, client-level data for persons served by grant funding to the council, in addition to any data reported through local Homeless Management Information System, as required by the council for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
(4) Council staff may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
(c) Any health information or personal identifying information provided to or maintained within the statewide Homeless Data Integration System pursuant to this section 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).
(d) 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.
(e) All recipients shall provide information and products developed with grant funds on service delivery models in support of the overall program goal to mitigate risk and address safety concerns in encampments, while ensuring a pathway for individuals living in encampments to move into safe and stable housing, in a format and timeframe specified by the council.
(f) The council shall evaluate the data and outcomes reported by recipients to assess efficacy of programs and identify scalable best practices for encampment resolution that can be replicated across the state.
(g) The council shall report to the chairs of the relevant fiscal and policy committees in both houses on the outcomes, learnings, and best practice models identified through this program. The report shall be submitted in compliance with Section 9795.
(h) Contracts entered into to implement this chapter shall be exempt from all of the following:
(1) Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code.
(2) The personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(3) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and the State Contracting Manual.
(4) Notwithstanding Section 11546 of the Government Code, from review or approval of any division of the Department of Technology, upon approval from the Department of Finance.
(5) From the review or approval of any division of the Department of General Services.

SEC. 3.

 Section 50254.1 is added to the Health and Safety Code, to read:

50254.1.
 (a) There is hereby created within the program, upon appropriation by the Legislature, the Striking Worker Emergency Homelessness Prevention (SWEHP) program.
(b) Notwithstanding subdivision (b) of Section 50251, the SWEHP program shall be administered by the Labor and Workforce Development Agency.
(c) The purpose of the SWEHP program shall be to prevent workers suffering strike-related hardship from becoming homeless due to a prolonged labor dispute by making zero-interest loans available to eligible striking workers to assist them in paying their housing costs.
(d) The Labor and Workforce Development Agency, in consultation with the Business, Consumer Services, and Housing Agency, shall develop an internet website and online application for the SWEHP program.
(e) (1) No funds appropriated to the Encampment Resolution Funding program before the effective date of the measure that added this section shall be used for the SWEHP program.
(2) No more than 50 percent of the funds appropriated to the Encampment Resolution Funding program after the effective date of the measure that added this section shall be used for the SWEHP program.

SEC. 4.

 Section 50254.2 is added to the Health and Safety Code, to read:

50254.2.
 (a) The Labor and Workforce Development Agency, in consultation with the Business, Consumer Services, and Housing Agency, shall develop a publicly accessible internet website where a striking worker can complete an online application for the SWEHP program that allows for secure transmission of the required supporting documentation, consistent with Section 50254.3.
(b) The internet website shall also contain all of the following tools to assist a striking worker:
(1) A checklist to determine likelihood of eligibility.
(2) A calculator to determine the amount of housing cost assistance that is needed.
(3) A calculator to budget for repayment of a loan when work resumes.

SEC. 5.

 Section 50254.3 is added to the Health and Safety Code, to read:

50254.3.
 (a) The Labor and Workforce Development Agency shall verify applications and supporting documentation for relief pursuant to the SWEHP program in order to determine the eligibility of applicants for a zero-interest loan to pay their housing costs.
(b) (1) In order to be eligible to receive a loan pursuant to the SWEHP program, an applicant shall be required to electronically sign a declaration of strike-related hardship certifying under penalty of perjury that the applicant meets all of the following eligibility criteria:
(A) They have not worked for the past 30 consecutive weekdays due to a strike or lockout by their employer, or they did not work for 30 consecutive weekdays due to a strike or a lockout by their employer that occurred during the six months before the effective date of the measure that added this section.
(B) They have suffered financial hardship due to the loss of income from the prolonged labor dispute and are unable to pay their housing costs. In order to establish the existence of a financial hardship, the applicant shall submit any information, including information related to reasonable personal expenses, requested by the Labor and Workforce Development Agency for purposes of making that determination.
(C) They were current on their lease or mortgage payments before the strike or lockout began.
(D) They are named on the lease or mortgage agreement for the housing in which they are currently residing.
(2) The declaration of strike-related hardship shall require the applicant to attest, under penalty of perjury, the amount of the monthly rent or mortgage payment that they are unable to pay due to strike-related hardship and the total monthly rent or mortgage they are obligated to pay pursuant to their lease or mortgage agreement.
(3) The declaration of strike-related hardship shall require the applicant to attest, under penalty of perjury, that, without assistance from the SWEHP program, they are at imminent risk of losing their housing and potentially becoming homeless.
(4) An applicant shall not be eligible to receive a loan pursuant to the SWEHP program until they have repaid any previous loan that applicant has received pursuant to the SWEHP program.
(5) Only one individual per household shall be eligible to receive a loan pursuant to the SWEHP program.
(c) An applicant for the SWEHP program shall be required to provide the Labor and Workforce Development Agency with personal information including, but not limited to, all of the following:
(1) Name.
(2) Current address.
(3) Occupation.
(4) Employment history.
(5) Certified labor organization membership.
(6) Rental property manager or mortgage lender contact information.
(7) A copy of the lease or mortgage agreement.
(8) Bank routing number and account routing number.
(d) An applicant for the SWEHP program shall provide a letter from their rental property manager or mortgage lender stating the amount owed by the applicant.
(e) A loan recipient shall be required to sign a promissory note acknowledging a minimum monthly payment schedule for repayment of the loan to the Encampment Resolution Funding program.
(f) A loan recipient shall be afforded a six-month period after work resumes to begin repayment of the loan. Repayment of the full amount of the loan shall occur within four years after that initial six-month period.
(g) A loan recipient shall receive monthly loan payments via direct electronic deposit to the bank account specified in their application.
(h) A loan recipient shall receive monthly repayment notices electronically and in hard copy.
(i) A loan recipient shall repay the loan monthly via electronic deposit to the Encampment Resolution Funding program.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 627 of the Vehicle Code is amended to read:
627.

(a)“Engineering and traffic survey,” as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.

(b)An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:

(1)Prevailing speeds as determined by traffic engineering measurements.

(2)Accident records.

(3)Highway, traffic, and roadside conditions not readily apparent to the driver.

(c)When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following:

(1)Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:

(A)Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.

(B)Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.

(C)The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).

(2)Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused.

(3)Equestrian safety.

SEC. 2.Section 22353 of the Vehicle Code is repealed.
SEC. 3.Section 22353.2 of the Vehicle Code is repealed.
SEC. 4.Section 22353.3 of the Vehicle Code is repealed.
SEC. 5.Section 22353.4 of the Vehicle Code is repealed.
SEC. 6.Section 22353.5 of the Vehicle Code is repealed.