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AB-550 Homelessness: point-in-time count results: meetings.(2023-2024)

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Date Published: 04/05/2023 09:00 PM
AB550:v97#DOCUMENT

Amended  IN  Assembly  April 05, 2023
Amended  IN  Assembly  March 02, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 550

Introduced by Assembly Member Schiavo
(Coauthors: Assembly Members Addis, Bonta, Juan Carrillo, Gipson, Grayson, Haney, McCarty, Quirk-Silva, Ramos, and Ting)

February 08, 2023

An act to add Section 50034 50035 to the Government Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


AB 550, as amended, Schiavo. Homelessness: public hearings. point-in-time count results: meetings.
Existing law, the Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify the existing and projected housing needs of all economic segments of the community.
Existing federal law requires a continuum of care, a group organized under the federal McKinney-Vento Homeless Assistance Act, to develop a plan that includes planning for and conducting, at least biennially, a point-in-time count of homeless persons within the geographic area. Existing law requires that information from the point-in-time count be used to, among other things, allocate funding for the Homeless Emergency Aid program and Homeless Housing, Assistance, and Prevention program.
This bill would require a city, county, and city and county, within 60 days after the local continuum of care releases the results of a point-in-time count for a city, county, or city and county’s jurisdiction, to, among other things, agendize the point-in-time count results at a meeting of the city, county, or city and county and present the steps the city, county, or city and county is taking to prevent and end homelessness, including, but not limited to, consideration of specified actions. By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes a county board of supervisors, by ordinance, to cause a validated census of the county or any district therein to be taken in years other than those in which a census is taken by the United States that enumerates all the inhabitants of the county or district, as specified. Existing law, the Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify the existing and projected housing needs of all economic segments of the community.

This bill would require a city, county, and city and county, on or before January 1, 2025, and annually thereafter, to conduct a point-in-time count of homeless persons within that jurisdiction and, on or before January 1, 2026, and annually thereafter, to hold a public hearing to present the data gathered and discuss plans to solve issues related to homelessness in that jurisdiction. The bill would require the city, county, and city and county to, at least 30 days before the public hearing, publish the results of the data gathered on that jurisdiction’s internet website and, within 6 months after the public hearing, to develop a plan to reduce homelessness within that jurisdiction. By requiring local agencies to conduct a point-in-time count of homeless persons and develop a plan to reduce homelessness, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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


SECTION 1.

 Section 50035 is added to the Government Code, to read:

50035.
 (a) For purposes of this section, “continuum of care” and “point-in-time count” have the same meanings 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.
(b) Within 60 days after the local continuum of care releases the results of a point-in-time count for a city, county, or city and county’s jurisdiction, a city, county, and city and county shall do all of the following:
(1) Agendize the point-in-time count results at a meeting of the city, county, or city and county. The results may be agendized at a regular or special meeting.
(2) Designate a member of their staff to present the results at the meeting, if a staff member from the local continuum of care is unable to present the results.
(3) At the meeting described in paragraph (1) or a subsequent meeting of the city, county, or city and county, present the steps the city, county, or city and county is taking to prevent and end homelessness, including, but not limited to, consideration of all of the following:
(A) Making publicly owned land available for development of affordable and supportive housing.
(B) Zoning to allow for the development of affordable, supportive, and interim housing.
(C) Creating appropriate eviction protections and other tenant protections.
(D) Coordinating with neighboring cities, the county, or other governmental entities to ensure people in their jurisdiction have access to services and housing.
(E) Providing hygiene and sanitation services to people living unsheltered.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act adding Section 50035 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 50034 is added to the Government Code, to read:
50034.

(a)On or before January 1, 2025, and annually thereafter, a city, county, and city and county shall conduct a point-in-time count of homeless persons within that jurisdiction. “Point-in-time count” means a count of sheltered and unsheltered homeless persons carried out on one night in the last 10 calendar days of January or at another time as specified by the jurisdiction.

(b)On or before January 1, 2026, and annually thereafter, the city, county, and city and county shall hold a public hearing to present the data gathered pursuant to subdivision (a) and discuss plans to solve issues related to homelessness in that jurisdiction.

(c)At least 30 days before the public hearing, the city, county, and city and county shall publish the results of the data gathered pursuant to subdivision (a) on that jurisdiction’s internet website.

(d)Within six months after the public hearing, the city, county, and city and county shall develop a plan to reduce homelessness within that jurisdiction.

SEC. 2.

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