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AB-2593 Joint Exercise of Powers Act: Sacramento County Partnership on Homelessness.(2023-2024)



Current Version: 06/06/24 - Amended Senate

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AB2593:v97#DOCUMENT

Amended  IN  Senate  June 06, 2024
Amended  IN  Assembly  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2593


Introduced by Assembly Members McCarty, Hoover, and Stephanie Nguyen

February 14, 2024


An act to add Section 6539.8.5 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2593, as amended, McCarty. Joint Exercise of Powers Act: Sacramento County Partnership on Homelessness.
The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law requires the agreement to set forth its purpose or the power to be exercised, among other things.
This bill would authorize any qualified local agency, as defined, to enter into a joint powers agreement with any other qualified local agencies pursuant to the act to create and operate a joint powers agency, named the Sacramento County Partnership on Homelessness, to assist the homeless population, to coordinate homelessness response, and to develop and manage a comprehensive strategic plan to address homelessness within the County of Sacramento. The bill would require the agreement to set forth incorporate, among other things, the composition and membership requirements of the board of directors that governs the partnership, would set forth the composition and voting procedures of the board, and would require the partnership to comply with the regulatory guidelines of each specific state funding source received. The bill would require the board of directors to be made up of, among other members, one elected member from each qualified local agency that is a party to the agreement, would require those members to serve without compensation, and would authorize reimbursement for their actual expenses, as specified. The bill would require the partnership to, within 5 years of the date on which it is established, adopt a comprehensive strategic plan to address homelessness within the County of Sacramento and submit the plan to the appropriate policy and fiscal committees of the Legislature, subject to specified requirements.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 6539.8.5 is added to the Government Code, to read:

6539.8.5.
 (a) (1) Notwithstanding any law, any qualified local agency may enter into a joint powers agreement with any other qualified local agencies pursuant to this chapter to create and operate a joint powers agency to assist the homeless population, to coordinate homelessness response, and to develop and manage a comprehensive strategic plan to address homelessness within the County of Sacramento.
(2) The joint powers agency created pursuant to this section shall be known as the Sacramento County Partnership on Homelessness, and shall be created and operate pursuant to this section.
(3) The joint powers agreement created pursuant to this section shall incorporate both of the following:
(A) The composition and membership requirements of the board of directors, in accordance with subdivision (b).
(B) Applicable components of the Homeless Services Partnership Agreement adopted by the City of Sacramento and the County of Sacramento, as determined by the board of directors.
(b) (1) The Sacramento County Partnership on Homelessness shall be governed by a board of directors. directors made up of all of the following board members:

(2)The agreement shall set forth the composition and membership requirements of the board of directors.

(A) One elected member from each qualified local agency that is a party to the joint powers agreement.
(B) At least two members, in addition to the members described in subparagraph (A), who are experts in homeless or housing policy, are not elected officials of a local agency, and are selected by a majority vote of the other members of the board of directors.

(3)

(2) The voting procedures of the partnership’s board of directors may be determined by taking into consideration the population of each qualified local agency that is a member of the partnership.

(4)

(3) An executive director shall serve as the partnership’s chief executive officer and as the secretary of the board of directors, but shall not have voting rights. Actual expenses shall be approved before they are incurred.
(4) Members of the board of directors shall serve without compensation. Members of the board of directors may be reimbursed for actual expenses that are approved by the board of directors before they are incurred.
(c) The Sacramento County Partnership on Homelessness shall comply with the regulatory guidelines of each specific state funding source received.
(d) The Sacramento County Partnership on Homelessness shall, within five years of the date on which it is established, adopt a comprehensive strategic plan to address homelessness within the County of Sacramento and submit the plan to the appropriate policy and fiscal committees of the Legislature.
(1) A plan to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative four years after the date on which the plan is required to be submitted.

(d)

(e) For purposes of this section, “qualified local agency” means a city or county that has jurisdiction within the geographical borders of the County of Sacramento and that has a population of at least 50,000, as determined by the most recent federal decennial census or a subsequent census between United States decennial censuses that is validated by the Demographic Research Unit of the Department of Finance. Sacramento.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the County of Sacramento with regard to the homelessness crisis.