Bill Text: CA AB1413 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing Accountability Act: disapprovals: California Environmental Quality Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-30 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0.). [AB1413 Detail]
Download: California-2023-AB1413-Amended.html
Section 50224 is added to the Health and Safety Code, to read:
Section 50250 of the Health and Safety Code is amended to read:
Section 50251 of the Health and Safety Code is amended to read:
Section 50252 of the Health and Safety Code is amended to read:
Section 50252.1 of the Health and Safety Code is amended to read:
Section 50253 of the Health and Safety Code is amended to read:
Section 50254 of the Health and Safety Code is amended to read:
Section 50254.1 is added to the Health and Safety Code, to read:
Section 50255 of the Health and Safety Code is amended to read:
Section 50256 of the Health and Safety Code is amended to read:
Section 50257 of the Health and Safety Code is amended to read:
Section 50258 of the Health and Safety Code is amended to read:
Section 50259 of the Health and Safety Code is amended to read:
Section 50259.1 is added to the Health and Safety Code, to read:
Bill Title: Housing Accountability Act: disapprovals: California Environmental Quality Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-30 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0.). [AB1413 Detail]
Download: California-2023-AB1413-Amended.html
Amended
IN
Assembly
April 18, 2023 |
Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1413
Introduced by Assembly Members Ting, Wendy Carrillo, and Luz Rivas |
February 17, 2023 |
An act to amend Sections 50216, 50217, 50218, 50218.5, 50218.6, 50218.7, 50219, 50220.5, 50220.6, 50220.7, 50220.8, 50221, 50222, 50223, 50250, 50251, 50252, 50252.1, 50253, 50254, 50255, 50256, 50257, 50258, and 50259 of, and to add Sections 50223.1, 50224, 50252.2, 50254.1, 50258.1, and 50259.1 to, the Health and Safety Code, relating to homelessness, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1413, as amended, Ting.
Homelessness prevention programs: Department of Housing and Community Development: funding.
Existing law requires the Governor to create the Homeless Coordinating and Financing Council, renamed the California Interagency Council on Homelessness, and specifies the duties of the coordinating council to include creating partnerships among state agencies and departments, local government agencies, and specified federal agencies and private entities, for the purpose of arriving at specific strategies to end homelessness.
Existing law establishes, among various other programs intended to address homelessness in this state, the Homeless Housing, Assistance, and Prevention Program program for the purpose of providing jurisdictions with one-time grant
funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in 4 rounds, which are to be administered by the Interagency Council on Homelessness.
Existing law establishes the Encampment Resolution Funding program 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 requires the California Interagency Council on Homelessness to administer the program in accordance with a specified timeline.
Existing law establishes the Family Homelessness Challenge Grants and Technical Assistance Program to provide one-time grants and technical assistance to local jurisdictions for the purpose of addressing and ending family homelessness. Existing law requires the California Interagency Council on Homelessness to administer the program.
This bill, commencing November 1, 2023, would transfer the duty to administer the 3 above-described programs to the Department of Housing and Community Development. The bill would provide that the department is the successor to, and is vested with, all of the duties, powers, and responsibilities of the council with regard to the programs. The bill would provide that program awards or approvals issued by the council and in effect on October 31, 2023, will be
deemed on and after November 1, 2023, to be an award or approval of the department. The bill would further provide that whenever any reference to the council appears in any regulation or contract with respect to any of the programs, it instead means the department.
Existing law, in order to receive a round 3 or round 4 allocation from the Homeless Housing, Assistance, and Prevention Program, program, requires an applicant to submit an application to the council that includes outcome goals that set definitive metrics for, among other things, reducing the number of persons experiencing homelessness and reducing the number of persons who become homeless for the first time. Existing law requires 18%, or $180,000,000, of the funds allocated for rounds 3 and 4 of the program to be
set aside for awarding bonus funds to recipients that have met their outcome goals.
This bill would require the bonus funds described above that have not been awarded by November 1, 2023, to be made available for round 5 of the program. By reallocating round 3 and round 4 funding to the 5th program round, the bill would make an appropriation.
This bill would delay the operative date of these provisions until November 1, 2023.
This bill, for future rounds of the Homeless Housing, Assistance, and Prevention program, Encampment Resolution Funding program, and Family Homelessness Challenge Grants and Technical Assistance Program, would require an applicant to include in their program application an analysis of outcomes from previous program
rounds, as specified, and the expected number of people experiencing homelessness that will be transitioned into permanent housing for the program round of the application.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) It is the intent of the Legislature that state investments in homelessness programs share the common goal of moving unsheltered homeless individuals into permanent housing and preventing people from falling into homelessness.
(b) It is also the intent of the Legislature to move all housing homeless grant programs to the Department of Housing and Community Development to utilize their expertise in administering grant programs, thereby allowing the Interagency Council on Homelessness to focus on statewide leadership and
coordination around the state’s response to the homelessness crisis.
(c) It is further the intent of the Legislature to deploy as many resources on the ground as possible to address homelessness. This means deploying funds set aside for the Homeless Housing, Assistance, and Prevention Program as a bonus pot and allowing grant recipients to access those funds immediately to address homelessness.
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) “Department” means the Department of Housing and Community Development.
(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 department 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.
(s) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 3.
Section 50217 of the Health and Safety Code is amended to read:50217.
(a) The Homeless Housing, Assistance, and Prevention program is hereby established for the purpose of providing jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.(b) Upon appropriation by the Legislature, the department shall distribute the following amounts in accordance with this chapter:
(1) For
round 1 of the program, six hundred fifty million dollars ($650,000,000) in the 2019–20 fiscal year.
(2) For round 2 of the program, three hundred million dollars ($300,000,000) in the 2020–21 fiscal year.
(3) For round 3 of the program, one billion dollars ($1,000,000,000) in the 2021–22 fiscal year.
(4) For round 4 of the program, one billion dollars ($1,000,000,000) in the 2022–23 fiscal year.
(c) The department shall administer the program. The program shall provide grant funds to cities, counties, continuums of care, and tribes.
(d) The department’s decision to approve or deny an application
and the determination of the amount of funding to be provided shall be final.
(e) The department shall maintain and make available to the public on its internet website records of the following:
(1) The number of applications for program funding received by the department.
(2) The number of applications for program funding denied by the department.
(3) The name of each recipient of program funds.
(4) Each applicant receiving funds pursuant to this chapter shall provide a list of all awards to subrecipients.
(5) Annual reports filed by
recipients pursuant to Sections 50221, 50222, and 50223.
(f) In administering this chapter, the department shall not be subject to 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).
(g) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 4.
Section 50218 of the Health and Safety Code is amended to read:50218.
(a) Upon appropriation by the Legislature, six hundred fifty million dollars ($650,000,000) of the funds administered pursuant to this chapter shall be available for implementing round 1 of the program, as follows:(1) One hundred ninety million dollars ($190,000,000) of the funding available pursuant to this section shall be available for continuums of care. The agency shall calculate these allocations to a continuum of care based on each continuum of care’s proportionate share of the state’s total homeless population, based on the homeless point-in-time count. The agency shall award no more than 40 percent of the allocation made pursuant to this section and no less than five hundred
thousand ($500,000) to an applicant that is a continuum of care.
(2) Two hundred seventy-five million dollars ($275,000,000) of the funding available pursuant to this section shall be available to each city, or city that is also a county, that has a population of 300,000 or more, as of January 1, 2019, according to data published on the Department of Finance’s internet website. The agency shall calculate the allocation to a city based on the city’s proportionate share of the total homeless population of the region served by the continuum of care within which the city is located, based on the homeless point-in-time count. The agency shall not award more than 45 percent of the program allocation to a city. If more than one recipient within the continuum of care meets the requirements of this paragraph, the proportionate share of funds shall be
equally allocated to those jurisdictions.
(3) One hundred seventy-five million dollars ($175,000,000) of the funding available pursuant to this section shall be available to each county. The agency shall calculate the allocation to county based on the county’s proportionate share of the total homeless population of region served by the continuum of care within which the county is located, based on the homeless point-in-time count. The agency shall not award more than 40 percent of the allocation made pursuant to this section to a county.
(4) (A) Once the 2019 point-in-time count numbers have been finalized and posted by the United States Department of Housing and Urban Development, and any determinations described in subdivision (j) of Section 50216
have been announced, the agency shall calculate each jurisdiction’s final program allocation award amount and submit that information to the department. The department shall post this information to its internet website.
(B) The amendments made to subparagraph (A) by the bill adding this subparagraph shall become operative on November 1, 2023.
(5) A program recipient shall not use funding from the program to supplant existing local funds for homeless housing, assistance, or prevention.
(b) A program recipient shall use at least 8 percent, of the funds for services for homeless youth populations.
(c) Of the amount made available pursuant to subdivision (a), no
more than 5 percent shall be expended on state operations.
SEC. 5.
Section 50218.5 of the Health and Safety Code is amended to read:50218.5.
(a) (1) With respect to the moneys made available pursuant to this section, it is the intent of the Legislature that:(A) These moneys build on regional coordination developed through previous rounds of funding of the Homeless Emergency Aid Program (Chapter 5 (commencing with Section 50210)), the program established under this chapter, and COVID-19 funding to reduce homelessness.
(B) These moneys continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to
homelessness.
(C) These moneys be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact.
(D) These moneys be deployed with the goal of reducing the number of homeless individuals in a given region through investing in long-term solutions, such as permanent housing, and that the state be an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments.
(2) It is the intent of the Legislature that additional state funds for homelessness, if provided in future budget years, increase permanent housing
exits, further evidence-based solutions for individuals and families experiencing homelessness, consider outcomes from prior funding awards in making future allocations, and include strong accountability measures.
(b) Upon appropriation by the Legislature, three hundred million dollars ($300,000,000) of the funds administered pursuant to this chapter shall be available for implementing round 2 of the program, as follows:
(1) Ninety million dollars ($90,000,000) of the funding available pursuant to this section shall be available for continuums of care. The department shall calculate these allocations to a continuum of care based on each continuum of care’s proportionate share of the state’s total homeless population, based on the 2019 homeless point-in-time count. The department shall
award no more than 40 percent of the allocation made pursuant to this section and no less than two hundred fifty thousand dollars ($250,000) to an applicant that is a continuum of care.
(2) One hundred thirty millions dollars ($130,000,000) of the funding available pursuant to this section shall be available to each city, or city that is also a county, that has a population of 300,000 or more, as of January 1, 2020, according to data published on the Department of Finance’s internet website. The department shall calculate the allocation to a city based on the city’s proportionate share of the total homeless population of the region served by the continuum of care within which the city is located, based on the 2019 homeless point-in-time count. The agency shall not award more than 45 percent of the program allocation to a city. If more
than one recipient within the continuum of care meets the requirements of this paragraph, the proportionate share of funds shall be equally allocated to those jurisdictions.
(3) Eighty million dollars ($80,000,000) of the funding available pursuant to this section shall be available to each county. The department shall calculate the allocation to a county based on the county’s proportionate share of the total homeless population of the region served by the continuum of care within which the county is located, based on the 2019 homeless point-in-time count. The agency shall not award more than 40 percent of the allocation made pursuant to this section to a county.
(4) A city, city and county, single continuum of care, or county may apply jointly with a counterpart entity or
entities.
(c) Program applicants applying for round 2 grant funds pursuant to this section shall comply with the requirements set forth in Section 50220.5.
(d) Of the amount made available pursuant to subdivision (b), 5 percent shall be set aside for the program administration, including state operations expenditures and technical assistance.
(e) A program recipient shall not use funding from the program allocated under this section to supplant existing local funds for homeless housing, assistance, or prevention.
(f) A program recipient shall use at least 8 percent of the funds allocated under this section for services for homeless youth populations.
(g) Moneys allocated pursuant to this section shall be expended in compliance with Housing First.
(h) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 6.
Section 50218.6 of the Health and Safety Code is amended to read:50218.6.
(a) Upon appropriation by the Legislature, one billion dollars ($1,000,000,000) of the funds administered pursuant to this chapter shall be made available in the 2021–22 fiscal year for implementing round 3 of the program, as follows:(1) Not more than 80 percent, or eight hundred million dollars ($800,000,000), of the funding available pursuant to this section shall be available to applicants that are cities, counties, or continuums of care, as follows:
(A) Thirty percent, or two hundred forty million dollars ($240,000,000), of the funds described in this paragraph shall be available to continuums of care. The department
shall calculate these allocations to a continuum of care based on each continuum of care’s proportionate share of the state’s total homeless population, based on the homeless point-in-time count. The department shall not award more than 40 percent of the allocation made pursuant to this subparagraph to a continuum of care.
(B) Forty-two percent, or three hundred thirty-six million dollars ($336,000,000), of the funds described in this paragraph shall be available to each city, or city that is also a county, that has a population of 300,000 or more, as of January 1, 2020, according to data published on the Department of Finance’s internet website. The department shall calculate the allocation to a city based on the city’s proportionate share of the total homeless population of the region served by the continuum of care within which
the city is located, based on the homeless point-in-time count. The department shall not award more than 45 percent of the program allocation made pursuant to this subparagraph to a city. If more than one recipient within the continuum of care meets the requirements of this subparagraph, the proportionate share of funds shall be equally allocated to those jurisdictions.
(C) Twenty-eight percent, or two hundred twenty-four million dollars ($224,000,000), of the funds described in this paragraph shall be available to each county. The department shall calculate the allocation to a county based on the county’s proportionate share of the total homeless population of the region served by the continuum of care within which the county is located, based on the homeless point-in-time count. The department shall not award more than 40 percent of
the program allocation made pursuant to this subparagraph to a county.
(2) (A) Not more than 18 percent, or one hundred eighty million dollars ($180,000,000), of the funding available pursuant to this section shall be set aside for awarding bonus funds.
(B) Any funds described in subparagraph (A) that have not been awarded by November 1, 2023, shall be made available for round 5 of the program pursuant to this chapter.
(3) Not more than 2 percent, or twenty million dollars ($20,000,000), of the funding available pursuant to this section shall be available to tribal applicants. Notwithstanding any other provision of this chapter, the funds described in this paragraph shall be allocated
as follows:
(A) A tribe may apply for program funds and the
department shall make allocations to tribes on the basis of need. Tribes that apply for program funds pursuant to subparagraph (B) shall be allocated funds up to their requested amount, or up to a total of twenty million dollars ($20,000,000) collectively among all tribal applicants. If the total request for funds exceeds this amount, the department shall determine an allocation methodology based on each tribal applicant’s proportionate share of need relative to all tribes that submit an application for funding.
(B) A tribal applicant seeking funds pursuant to this section shall submit an application to the department, in the form and manner prescribed by the department, no later than June 30, 2022, with the following information:
(i) The amount of grant funds the
tribe is requesting.
(ii) An explanation of the tribe’s local need, including an estimation of the number of people who need homelessness services and the current resources that exist.
(iii) A description of what services on which the tribe plans to spend its grant funds. These activities shall be allowable pursuant to subdivision (e) of Section 50220.7.
(C) Any funds available to tribal applicants pursuant to this paragraph that are unallocated as of July 1, 2024, shall be
made available for round 5 of the program pursuant to this chapter.
(D) A tribal applicant may partner with a local continuum of care or coordinated entry system.
(b) An applicant applying for round 3 program funds pursuant to this section shall comply with the requirements set forth in Section 50220.6.
(c) A program recipient shall not use funding from the program allocated under this section to supplant existing local funds for homelessness services under penalty of disallowance or reduction, or both, of future program funds, as determined by the department.
(d) (1) No more than 5 percent, or fifty million dollars ($50,000,000),
of the funds available pursuant to subdivision (a) shall be used to cover the department’s costs of administration of this section, including state operations expenditures, statewide capacity building, providing ongoing training and technical assistance to recipients, and measuring data and performance.
(2) The department may expend administrative funds until December 31, 2026, to complete grant closeout activities.
(e) A program recipient shall use at least 10 percent of the funds allocated under this section for services for homeless youth populations.
(f) Moneys allocated pursuant to this section shall be expended in compliance with Housing First.
(g) Except as provided in paragraph (2) of subdivision (d), all round 3 program funds, shall be expended by June 30, 2026.
(h) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 7.
Section 50218.7 of the Health and Safety Code is amended to read:50218.7.
(a) Upon appropriation by the Legislature, one billion dollars ($1,000,000,000) of the funds administered pursuant to this chapter shall be made available in the 2022–23 fiscal year for implementing round 4 of the program, as follows:(1) Not more than 80 percent, or eight hundred million dollars ($800,000,000), of the funding available pursuant to this section shall be available to applicants that are cities, counties, or continuums of care, as follows:
(A) Thirty percent, or two hundred forty million dollars ($240,000,000), of the funds described in this paragraph shall be available to continuums of care. The department
shall calculate these allocations to a continuum of care based on each continuum of care’s proportionate share of the state’s total homeless population, based on the homeless point-in-time count. The department shall not award more than 40 percent of the allocation made pursuant to this subparagraph to a continuum of care.
(B) Forty-two percent, or three hundred thirty-six million dollars ($336,000,000), of the funds described in this paragraph shall be available to each city, or city that is also a county, that has a population of 300,000 or more, as of January 1, 2021, according to data published on the Department of Finance’s internet website. The department shall calculate the allocation to a city based on the city’s proportionate share of the total homeless population of the region served by the continuum of care within which
the city is located, based on the homeless point-in-time count. The department shall not award more than 45 percent of the program allocation made pursuant to this subparagraph to a city. If more than one recipient within the continuum of care meets the requirements of this subparagraph, the proportionate share of funds shall be equally allocated to those jurisdictions.
(C) Twenty-eight percent, or two hundred twenty-four million dollars ($224,000,000), of the funds described in this paragraph shall be available to each county. The department shall calculate the allocation to a county based on the county’s proportionate share of the total homeless population of the region served by the continuum of care within which the county is located, based on the homeless point-in-time count. The department shall not award more than 40 percent of
the program allocation made pursuant to this subparagraph to a county.
(2) (A) Not more than 18 percent, or one hundred eighty million dollars ($180,000,000), of the funding available pursuant to this section shall be set aside for awarding bonus funds.
(B) Any funds described in subparagraph (A) that have not been awarded by November 1, 2023, shall be made available for round 5 of the program pursuant to this chapter.
(3) Not more than 2 percent, or twenty million dollars ($20,000,000), of the funding available pursuant to this section shall be available to tribal applicants. Notwithstanding any other provision of this chapter, the funds described in this paragraph shall be allocated
as follows:
(A) A tribe may apply for program funds and the
department shall make allocations to tribes on the basis of need. Tribes that apply for program funds pursuant to subparagraph (B) shall be allocated funds up to their requested amount, or up to a total of twenty million dollars ($20,000,000) collectively among all tribal applicants. If the total request for funds exceeds this amount, the department shall determine an allocation methodology based on each tribal applicant’s proportionate share of need relative to all tribes that submit an application for funding.
(B) A tribal applicant seeking funds pursuant to this section shall submit an application to the department, in the form and manner prescribed by the department, no later than June 30, 2023, with the following information:
(i) The amount of grant funds the tribe
is requesting.
(ii) An explanation of the tribe’s local need, including an estimation of the number of people who need homelessness services and the current resources that exist.
(iii) A description of what services on which the tribe plans to spend its grant funds. These activities shall be allowable pursuant to subdivision (e) of Section 50220.7.
(C) Any funds available to tribal applicants pursuant to this paragraph that are unallocated as of July 1, 2025, shall be
made available for round 5 of the program pursuant to this chapter.
(D) A tribal applicant is encouraged to partner with a local continuum of care or coordinated entry system.
(b) An applicant applying for round 4 program funds pursuant to this section shall comply with the requirements set forth in Section 50220.6.
(c) A program recipient shall not use funding from the program allocated under this section to supplant existing local funds for homelessness services under penalty of disallowance or reduction, or both, of future program funds, as determined by the department.
(d) (1) No more than 5 percent, or fifty
million dollars ($50,000,000), of the funds available pursuant to subdivision (a) shall be used to cover the department’s costs of administration of this section, including state operations expenditures, statewide capacity building, providing ongoing training and technical assistance to recipients, and measuring data and performance.
(2) The department may expend administrative funds until December 31, 2027, to complete grant close-out closeout activities.
(e) A program recipient shall use at least 10 percent of the funds allocated under this section for services for homeless youth populations.
(f) Moneys allocated pursuant to this section shall be expended in compliance with Housing First.
(g) Except as provided in paragraph (2) of subdivision (d), all round 4 program funds, shall be expended by June 30, 2027.
(h) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 8.
Section 50219 of the Health and Safety Code is amended to read:50219.
(a) In order to apply for a round 1 program allocation, an applicant shall submit an application pursuant to the timeline specified in Section 50220 and provide the following, in the form and manner prescribed by the agency:(1) A demonstration of how the jurisdiction has coordinated with other jurisdictions to identify their share of the regional need to address homelessness, and how the requested funds will help meet the jurisdiction’s share of that need.
(2) Identification of all funds currently being used by the applicant to provide housing and homeless services for the homeless populations in the jurisdiction,
including all federal, state, and local funds, and information on programs supported by the identified funds.
(3) An assessment of existing programs to address homelessness and an identification of gaps in housing and homeless services for the homeless populations in the jurisdiction, as identified by the continuum of care pursuant to paragraph (7), including those provided by entities other than the applicant.
(4) Identification of how funds requested in the application will complement the funds described in paragraph (2), close the gaps identified pursuant to paragraph (3), and serve the homeless populations identified pursuant to paragraph (7).
(5) An outline of proposed uses of funds and explanation of how proposed
use of funds meets each of the requirements described in paragraph (4).
(6) A list of measurable goals including but not limited to the number of individuals served and percentage of individuals successfully placed in permanent housing.
(7) If an applicant is a continuum of care, data on the demographics and characteristics of the homeless populations in the jurisdiction and on current programs providing housing and homeless services in the jurisdiction, as reported to the federal government through Homeless Management Information Systems and point-in-time counts.
(8) For a city applying for funds available pursuant to paragraph (2) of subdivision (a) of Section 50218 or a county applying for funds available
pursuant to paragraph (3) of subdivision (a) of Section 50218, a plan demonstrating how these funds will complement the regional needs described in the continuum of care’s plan for a coordinated housing and service system that meets the needs of individuals, unaccompanied youth, and families
experiencing homelessness, as defined in Section 578.7(c) of Title 24 of the Code of Federal Regulations.
(9) Evidence of connection with the continuum of care’s coordinated entry system.
(10) An agreement to participate in a statewide Homeless Management Information System, when it becomes available, and provide data elements to the system in accordance with Section 50220.6.
(b) The agency may request additional documentation and information from the applicant with respect to round 1 program allocations consistent with the requirements of subdivision (a).
(c) Except as provided in subdivisions (d) and (e), a recipient of a round 1 program
allocation shall expend funds on evidence-based solutions that address and prevent homelessness among eligible populations including any of the following:
(1) Rental assistance and rapid rehousing.
(2) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
(3) Incentives to landlords, including, but not limited to, security deposits and holding fees.
(4) Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing.
(5) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth.
(6) Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions.
(7) Prevention and shelter diversion to permanent housing.
(8) New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following:
(i) The number of available shelter beds in the city, county, or region
served by a continuum of care.
(ii) Shelter vacancy rate in the summer and winter months.
(iii) Percentage of exits from emergency shelters to permanent
housing solutions.
(iv) A plan to connect residents to permanent housing.
(d) Up to 5 percent of an applicant’s round 1 program allocation may be expended for the following uses that are intended to meet federal requirements for housing funding:
(1) Strategic homelessness plan, as defined in Section 578.7(c) of Title 24 of the Code of Federal Regulations.
(2) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems.
(e) The applicant shall not use more than 7 percent of a round 1 program allocation for administrative costs incurred by the
city, county, or continuum of care to administer its program allocation. For purposes of this subdivision, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation.
(f) A recipient of a round 1 program allocation shall comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
(g) Notwithstanding Section 27011 of the Government Code, or any other statute governing the deposit of funds in the county treasury, a county may accept or deposit into the county treasury funds from any source for the purpose of administering a project, proposal, or program under this chapter.
(h) For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.
(i) The department shall post submitted final applications to its internet website.
(j) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 9.
Section 50220.5 of the Health and Safety Code is amended to read:50220.5.
(a) To receive a round 2 program allocation, an applicant shall submit an application according to a calendar established by the department consistent with the following requirements:(1) The department shall make an application for round 2 program allocations available no later than November 30, 2020.
(2) Applications shall be due to the department no later than 60 days from the date the department makes those applications available pursuant to paragraph (1).
(3) Within 60 days of receiving an application pursuant to paragraph (2), the department shall
either approve the application or return it to the applicant with written, detailed comments and request one or more of the following specific amendments to the application:
(A) Greater detail on any aspect of the application so that the
department can ensure fidelity with the applicant’s proposed use of funds and stated measurable goals as defined in paragraphs (4) and (5), respectively, of subdivision (b).
(B) Modifications or provision of additional information on the applicant’s proposed funding plan to ensure alignment with the applicant’s stated measurable goals as defined in paragraphs (3), (4), and (5), respectively, of subdivision (b) and with evidence-based solutions to reduce homelessness.
(C) Any other modifications or provision of information that would allow the department to better monitor and evaluate the applicant’s ability to meet objective performance standards in accordance with Sections 50221 and 50222.
(4) An applicant
whose application has been returned pursuant to paragraph (3) shall respond to the department’s requested amendments and submit a revised application within 45 days. Where the revised application differs from the department’s requests, the applicant shall include an explanation of the differences and the rationale for departing from the
department’s requested amendments.
(5) The department shall have 30 days within which to approve the application, as amended, to address the department’s concerns.
(b) An application submitted pursuant to this section shall provide the following information, in the form and manner prescribed by the department:
(1) A demonstration of how the jurisdiction has coordinated, and will continue to coordinate, with other jurisdictions, particularly regarding their share of the regional need to address homelessness, and how the requested funds will help meet the jurisdiction’s share of that need and coordinate with other regional funding.
(2) Identification of all funds currently being used or anticipated to be used by the applicant to provide housing and homeless services for the homeless populations in the jurisdiction, including all federal, state, and local funds. Funds described in this paragraph specifically includes funding made available under the federal Emergency Solutions Grants Program (42 U.S.C. Sec. 11371 et seq.), the federal Community Development Block Grant Program (42 U.S.C. Sec. 5301 et seq.), or the federal Coronavirus Relief Fund (42 U.S.C. Sec. 801) pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) where applicable.
(3) An assessment of the current number of people experiencing homelessness, existing programs and funding which address homelessness within the jurisdiction, and a detailed
identification of gaps in housing and homeless services for the homeless populations in the jurisdiction utilizing any relevant and available data from the United States Department of Housing and Urban Development homeless point-in-time count, continuum of care housing inventory count, longitudinal systems analysis, and Stella tools, as well as any recently conducted local needs assessments.
(4) An outline of proposed uses of funds requested and an explanation of how the proposed use of funds will complement the funds described in paragraph (2) and equitably close the gaps identified pursuant to paragraph (3).
(5) A list of clearly defined and measurable goals, including, but not limited to, the number of individuals to be served and, of those served, the number to be
successfully placed in permanent housing as a result of requested funding.
(6) Evidence of connection with the local homeless coordinated entry system.
(7) An agreement to participate in a statewide Homeless Data Integration System, and to enter individuals served by this funding into the local Homeless Management Information System, in accordance with local protocols.
(c) The department may request additional documentation and information from the applicant with respect to round 2 program allocations consistent with the requirements of subdivision (b).
(d) Except as provided in subdivisions (e) and (f), a recipient of a round 2 program allocation
shall expend funds on evidence-based solutions that address and prevent homelessness among eligible populations including any of the following:
(1) Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees.
(2) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
(3) Street outreach to assist persons experiencing homelessness to access permanent housing and services.
(4) Services coordination, which may include access to workforce, education, and training programs, or other services needed
to promote housing stability in supportive housing.
(5) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth.
(6) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions.
(7) Prevention and shelter diversion to permanent housing, including rental subsidies.
(8) New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following:
(i) The number of available shelter beds in the city, county, or region served by a continuum of care.
(ii) The number of people experiencing unsheltered homelessness in the homeless point-in-time count.
(iii) Shelter vacancy rate in the summer and winter months.
(iv) Percentage of exits from emergency shelters to permanent housing solutions.
(v) A plan to connect residents to permanent housing.
(e) Up to 5 percent of an applicant’s round 2 program allocation may be expended for the following uses that are intended to meet federal requirements for housing funding:
(1) Strategic homelessness plan, as defined in Section 578.7(c) of Title 24 of the Code of Federal Regulations.
(2) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems.
(f) The applicant shall not use more than 7 percent of a round 2 program allocation for administrative costs incurred by the city, county, or continuum of care to administer its program allocation. For purposes of this subdivision, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation.
(g) A recipient of a round 2 program allocation shall comply with
Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
(h) Notwithstanding Section 27011 of the Government Code, or any other statute governing the deposit of funds in the county treasury, a county may accept or deposit into the county treasury funds from any source for the purpose of administering a project, proposal, or program under this chapter.
(i) For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the
receipt of compensation for holding public office or public employment as a representative of the county.
(j) The department shall post submitted final round 2 program applications to its internet website within 30 days of disbursal to the applicant.
(k) (1) (A) On or before May 31, 2023, a recipient shall contractually obligate not less than 50 percent of round 2 program allocations.
(B) Recipients that are counties shall contractually obligate the full round 2 program allocation awarded to them by the department on or before this date. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that serves the county.
(2) If less than 50 percent is obligated after May 31, 2023, recipients that are continuums of care and cities shall not expend any remaining portion of the 50 percent of round 2 program allocations required to have been obligated pursuant to subparagraph (A) of paragraph (1) unless and until both of the following occur:
(A) On or before June 30, 2023, the recipient submits an alternative disbursement plan that includes an explanation for the delay.
(B) The department approves the alternative disbursement plan.
(3) On or before December 31, 2023, recipients that are continuums of care and cities shall return to the department
any funds that have not been expended pursuant to an alternative disbursement plan approved pursuant to subparagraph (B) of paragraph (2) for a subsequent round of awards by the department.
(l) The department may request additional information, as needed, to meet other applicable reporting or audit requirements.
(m) In addition to requirements in Section 50222, the
department may monitor the expenditures and activities of an applicant, as the department deems necessary, to ensure compliance with round 2 program requirements.
(n) The department may, as it deems appropriate or necessary, request the repayment of round 2 program funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements.
(o) Any remaining amounts of round 2 program allocation funds not expended by June 30, 2026, shall revert to, and be paid and deposited in, the General Fund.
(p) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 10.
Section 50220.6 of the Health and Safety Code is amended to read:50220.6.
(a) Notwithstanding any law, a recipient that enters into an agreement as set forth in paragraph (10) of subdivision (a) of Section 50219, paragraph (7) of subdivision (b) of Section 50225.5, clause (iii) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 50220.7, and subparagraph (C) of paragraph (3) of subdivision (b) of Section 50220.8 shall provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System when the system becomes available.(b) (1) The department shall specify the form and substance of the required data elements.
(2) The department may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(c) Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(d) For purposes of this paragraph, “health information” means “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) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 11.
Section 50220.7 of the Health and Safety Code is amended to read:50220.7.
(a) (1) No later than September 15, 2021, the department shall issue a standard agreement for applicants to apply for round 3 program funds, which shall include, at minimum, a requirement for applicants to submit an application that includes a local homelessness action plan and specific outcome goals based on the Homeless Management Information System performance metrics as described in subdivision (b).(2) A standard agreement from an applicant shall be due to the
department no later than 30 days from the date the department issues the standard agreement pursuant to paragraph (1).
(3) If an applicant does not submit a completed standard agreement by the deadline specified in paragraph (2), the department may distribute that applicant’s share of round 3 program funds to an eligible overlapping jurisdiction, as determined by the department.
(4) (A) (i) Upon receipt of a standard agreement, and except as otherwise provided in clause (ii), the department shall allocate 20 percent of an eligible city’s, county’s, or continuum of care’s total allocation pursuant to subdivision (a) of Section 50218.6.
(ii) (I) A city, city and county, single continuum of care, or county may apply jointly with a counterpart entity or entities. An applicant that applies jointly pursuant to this paragraph shall instead be allocated 25 percent of the jointly applying jurisdictions’ total allocation pursuant to subdivision (a) of Section 50218.6.
(II) A joint application submitted pursuant to this clause shall include, at minimum, evidence of collaboration between the jointly applying applicants and an explanation of how the jointly applying applicants will administer the funds allocated to them pursuant to this section.
(B) A recipient may use initial funds awarded pursuant to this paragraph to complete the local homeless action plan, required as provided pursuant to
paragraph (1) and in accordance with the requirements of subparagraph (A) of paragraph (3) of subdivision (b), including paying for any technical assistance or contracted entities to support the completion of the homeless action plan.
(5) Priority for initial funds, above the costs of completing the application, shall be for systems improvement, including, but not limited to, all of the following:
(A) Capacity building and workforce development for service providers within the jurisdiction, including removing barriers to contracting with culturally specific service providers and building the capacity of providers to administer culturally specific services.
(B) Funding existing evidence-based programs serving people experiencing
homelessness.
(C) Investing in data systems to meet reporting requirements or strengthen the recipient’s Homeless Management Information System.
(D) Improving homeless point-in-time counts.
(E) Improving coordinated entry systems to strengthen coordinated entry systems to eliminate racial bias, to create a youth-specific coordinated entry system or youth-specific coordinated entry access points, or to improve the coordinated entry assessment tool to ensure that it contemplates the specific needs of youth experiencing homelessness.
(b) To receive the remaining balance of its round 3 program allocation, an applicant shall submit an application to the
department by June 30, 2022, that includes a local homelessness action plan and specific outcome goals in accordance with the following requirements:
(1) The applicant shall engage with the department on its local plan and outcome goals before submitting a complete application.
(2) For city, county, and continuum of care applicants, local homelessness action plans pursuant to subparagraph (A) of paragraph (3) and outcome goals pursuant to subparagraph (C) of paragraph (3) shall be agendized at a regular meeting of the governing body, including receiving public comment, before being submitted to the department.
(3) A complete application submitted pursuant to this section shall provide the
following information, in the form and manner prescribed by the department:
(A) A local homelessness action plan, which shall include all of the following:
(i) A local landscape analysis that assesses the current number of people experiencing homelessness and existing programs and funding which address homelessness within the jurisdiction, utilizing any relevant and available data from the Homeless Data Integration System, the United States Department of Housing and Urban Development’s homeless point-in-time count, continuum of care housing inventory count, longitudinal systems analysis, and Stella tools, as well as any recently conducted local needs assessments.
(ii) Identification of the number of individuals and
families served, including demographic information and intervention types provided, and demographic subpopulations that are underserved relative to their proportion of individuals experiencing homelessness in the jurisdiction.
(iii) Identification of all funds, including state, federal and local funds, currently being used, and budgeted to be used, to provide housing and homelessness-related services to persons experiencing homelessness or at imminent risk of homelessness, how this funding serves subpopulations, and what intervention types are funded through these resources.
(iv) Applicants may submit an analysis that was completed in the last three-years if it meets the requirements of this subparagraph, with any relevant updates to the current available funding.
(B) A narrative that includes the following:
(i) An outline of proposed uses of funds requested and an explanation of how the proposed use of funds will complement existing local, state, and federal funds and equitably close the gaps identified pursuant to subparagraph (A).
(ii) Evidence of connection with the local homeless Coordinated Entry System.
(iii) An agreement to participate in a statewide Homeless Data Integration System, and to enter individuals served by this funding into the local Homeless Management Information System, in accordance with local protocols.
(iv) A demonstration of
how the jurisdiction has coordinated, and will continue to coordinate, with other jurisdictions, including the specific role of each applicant in relation to other applicants in the region.
(v) A demonstration of the applicant’s partnership with, or plans to use funding to increase partnership with, local health, behavioral health, social services, and justice entities and with people with lived experiences of homelessness.
(vi) A description of specific actions 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.
(vii) A description of how the applicant will make progress in preventing exits to homelessness from institutional settings, include plans to leverage funding from mainstream systems for evidence-based housing and housing-based solutions to homelessness.
(viii) Specific and quantifiable systems improvements that the applicant will take to improve the delivery of housing and services to people experiencing homelessness or at risk of homelessness, including, but not limited to, the following:
(I) Capacity building and workforce development for service providers within the jurisdiction, including removing barriers to contracting with culturally specific service providers and building the capacity of providers to
administer culturally specific services.
(II) Strengthening the data quality of the recipient’s Homeless Management Information System.
(III) Increasing capacity for pooling and aligning housing and services funding from existing, mainstream, and new funding.
(IV) Improving homeless point-in-time counts.
(V) Improving coordinated entry systems to strengthen coordinated entry systems to eliminate racial bias, to create a youth-specific coordinated entry system or youth-specific coordinated entry access points, or to improve the coordinated entry assessment tool to ensure that it contemplates the specific needs of youth experiencing homelessness.
(ix) Plans shall include strategies to meet outcome goals pursuant to subparagraph (C).
(C) (i) Applicants shall establish outcome goals that prevent and reduce homelessness from July 1, 2021, through June 30, 2024, informed by the findings from the local landscape analysis described in subparagraph (A) and the jurisdiction’s base system performance measure from 2020 calendar year data in the Homeless Data Integration System. The outcome goals shall set definitive metrics, based on the United States Department of Housing and Urban Development’s system performance measures, for achieving the following:
(I) Reducing the number of persons experiencing homelessness.
(II) Reducing the number of persons who become homeless for the first time.
(III) Increasing the number of people exiting homelessness into permanent housing.
(IV) Reducing the length of time persons remain homeless.
(V) Reducing the number of persons who return to homelessness after exiting homelessness to permanent housing.
(VI) Increasing successful placements from street outreach.
(VII) Homeless Management Information System trackable data goals related to the outcome goals listed above as they apply to underserved populations and populations disproportionately impacted by
homelessness.
(ii) Each applicant shall determine its outcome goals in consultation with the department, and shall not submit its final outcome goals before consulting with the department.
(iii) The department shall assess outcome goals in the application based on the information provided in the local homeless action plan and the applicant’s baseline data on the performance metrics described in this subparagraph and determine whether the outcome goals adequately further the objectives of reducing and preventing homelessness pursuant to this subparagraph.
(iv) Initial outcome goals should be met no later than June 30, 2024, and outcome goals shall be updated regularly, as funding continues.
(c) The department may request additional documentation and information from the applicant during consultation consistent with respect to round 3 program allocations consistent with the requirements of subdivision (b).
(d) (1) Within 30 days of receiving the final applications pursuant to subdivision (b), the department shall either approve the application and issue the notice of award to allocate the remaining percent of an applicant’s funding pursuant to subdivision (a) of Section 50218.6 or return it to the applicant with written, detailed comments and request one or more of the following specific amendments to the application:
(A) Greater detail on any aspect of the application so that the
department can ensure fidelity with the applicant’s proposed use of funds and agreed upon measurable outcome goals.
(B) Modifications or provision of additional information on the applicant’s proposed funding plan to ensure alignment with the applicant’s stated measurable outcome goals and with evidence-based solutions to reduce homelessness.
(C) Any other modifications or provision of information that would allow the department to better monitor and evaluate the applicant’s ability to meet objective outcome standards in accordance with Sections 50221, 50222, and 50223.
(2) An applicant whose application has been returned pursuant to paragraph (1) shall respond to the department’s requested amendments and
submit a revised application within 30 days of receipt of the department’s detailed comments and request for specific amendments. If the revised application differs from the department’s requests, the applicant shall include an explanation of the differences and the rationale for departing from the department’s requested
amendments.
(3) The department shall have 30 days to approve a revised application if, as amended, it addresses the department’s concerns or to provide the grantee with additional guidance and a deadline extension in the case of documented extenuating circumstance for further amending to fully address the department’s concerns.
(e) Except as provided in subdivision (f), a recipient of a round 3 program allocation, including tribal recipients, shall expend funds on evidence-based solutions that address and prevent homelessness among eligible populations, including any of the following:
(1) Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding
fees.
(2) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
(3) Street outreach to assist persons experiencing homelessness to access permanent housing and services.
(4) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing.
(5) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations, including families and
homeless youth.
(6) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions.
(7) Prevention and shelter diversion to permanent housing, including rental subsidies.
(8) Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing noncongregate shelters, and operations of existing navigation centers and shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following:
(A) The number of available shelter beds in the city, county, or region served by a continuum of care.
(B) The number of people experiencing unsheltered homelessness in the homeless point-in-time count.
(C) Shelter vacancy rate in the summer and winter months.
(D) Percentage of exits from emergency shelters to permanent housing solutions.
(E) A plan to connect residents to permanent housing.
(F) Any new interim sheltering funded by round 3 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.
(9) Improvements to existing
emergency shelters to lower barriers and increase privacy.
(f) An applicant shall not use more than 7 percent of a round 3 program allocation for administrative costs incurred by the city, county, continuum of care, or tribe to administer its program allocation. For purposes of this subdivision, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation.
(g) A recipient of a round 3 program allocation shall comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
(h) Notwithstanding Section 27011 of the Government Code, or any other law governing the deposit of funds
in the county treasury, a county may accept or deposit into the county treasury funds from any source for the purpose of administering a project, proposal, or program under this chapter.
(i) For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.
(j) The department and recipients shall post final round 3 program applications to their respective internet websites
within 30 days of disbursal to the applicant.
(k) (1) (A) Except as otherwise provided in subparagraph (B), a recipient shall contractually obligate not less than 50 percent of round 3 program allocations no later than May 31, 2024.
(B) Recipients that are counties shall contractually obligate the full amount of round 3 program allocation awarded to them by the
department on or before the date specified in subparagraph (A). Any funds that are not contractually obligated by this date shall revert to the continuum of care that serves the recipient county.
(2) If less than 50 percent is obligated after May 31, 2024, recipients that are continuums of care and cities shall not expend any remaining portion of the 50 percent of round 3 program allocations required to have been obligated pursuant to subparagraph (A) of paragraph (1) unless both of the following occur:
(A) On or before June 30, 2024, the recipient submits an alternative disbursement plan that includes an explanation for the delay.
(B) The department approves the alternative disbursement
plan submitted pursuant to subparagraph (A).
(3) On or before December 31, 2024, recipients that are continuums of care and cities shall return to the department any funds that have not been expended pursuant to an alternative disbursement plan approved pursuant to subparagraph (B) of paragraph (2), to be allocated to round 5 of the program pursuant to this chapter.
(l) (1) No later than June 30, 2024, recipients shall demonstrate whether they have successfully met their outcome goals pursuant subparagraph (C) of paragraph (3) of subdivision (b).
(2) Jurisdictions that have not met their outcome goals shall
accept technical assistance from department staff. In addition, jurisdictions that have not met their outcome goals may also be required to limit the allowable uses of these program funds, as determined by the
department.
(m) The department may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements.
(n) In addition to requirements in Section 50222, the department may monitor the expenditures and programmatic activities of an applicant, as the department deems necessary, to ensure compliance with round 3 program requirements and adequate progress towards meeting outcome goals.
(o) The department may, as it deems appropriate or necessary, request the repayment of round 3 program funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements.
(p) Any remaining amounts of round 3 program allocation funds not expended by June 30, 2026, shall be available for round 4 of the program pursuant to Section 50218.7.
(q) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 12.
Section 50220.8 of the Health and Safety Code is amended to read:50220.8.
(a) (1) The department shall make an application for round 4 program allocations available no later than September 30, 2022.(2) Applications shall be due to the department no later than 60 days from the date the department makes those applications available pursuant to paragraph (1).
(3) Within 30 days of receiving an application pursuant to paragraph (2), the department shall either approve the application or return it to the applicant with written, detailed comments and request one or more of the following specific amendments to the application:
(A) Greater detail on any aspect of the application so that the department can ensure fidelity with the applicant’s proposed use of funds and stated performance goals.
(B) Modifications or provision of additional information on the applicant’s proposed funding plan to ensure alignment with evidence-based solutions to reduce homelessness.
(C) Any other modifications or provision of information that would allow the department to better monitor and evaluate the applicant’s ability to meet objective performance standards in accordance with Sections 50221, 50222, and 50223.
(4) An applicant whose application has been returned pursuant to paragraph (3) shall respond to the department’s requested amendments and
submit a revised application within 30 days. Where the revised application differs from the department’s requests, the applicant shall include an explanation of the differences and the rationale for departing from the department’s requested amendments.
(5) The department shall have 30 days within which to approve the application if, as amended, it addressed the
department’s concerns or to provide the grantee with additional guidance and a deadline for further amending to fully address the department’s concerns.
(b) To receive a round 4 program allocation, an applicant shall submit an application to the department. A complete application submitted pursuant to this section shall provide the following information, in the form and manner prescribed by the
department:
(1) A local homelessness action plan that includes the following, with data updated from the local homelessness action plan included in an application for a round 3 program allocation pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 50220.7:
(A) A local landscape analysis that assesses the current number of people experiencing homelessness and existing programs and funding which address homelessness within the jurisdiction, utilizing any relevant and available data from the Homeless Data Integration System, the United States Department of Housing and Urban Development’s homeless point-in-time count, continuum of care housing inventory count, longitudinal systems analysis, and Stella tools, as well as any recently conducted
local needs assessments.
(B) Identification of the number of individuals and families served, including demographic information and intervention types provided, and demographic subpopulations that are underserved relative to their proportion of individuals experiencing homelessness in the jurisdiction.
(C) Identification of all funds, including state, federal and local funds, currently being used, and budgeted to be used, to provide housing and homelessness-related services to persons experiencing homelessness or at imminent risk of homelessness, how this funding serves subpopulations, and what intervention types are funded through these resources.
(2) (A) New outcome goals that are specific,
ambitious, achievable, and quantifiable to prevent and reduce homelessness from July 1, 2022, through June 30, 2025, informed by the findings from the local landscape analysis described in subparagraph (A) of paragraph (1) and the jurisdiction’s outcome goals specified in its application for a round 3 program allocation pursuant to subparagraph (C) of paragraph (3) of subdivision (b) of Section 50220.7. The outcome goals shall be based on the United States Department of Housing and Urban Development’s system performance measures, including:
(i) Reducing the number of persons experiencing homelessness.
(ii) Reducing the number of persons who become homeless for the first time.
(iii) Increasing the number of
people exiting homelessness into permanent housing.
(iv) Reducing the length of time persons remain homeless.
(v) Reducing the number of persons who return to homelessness after exiting homelessness to permanent housing.
(vi) Increasing successful placements from street outreach.
(vii) Homeless Management Information System trackable data goals related to the outcome goals listed above as they apply to underserved populations and populations disproportionately impacted by homelessness.
(B) (i) Each applicant shall determine its outcome goals that build upon prior year goals in
consultation with the department, and shall not submit its final outcome goals before consulting with the department.
(ii) The department shall assess outcome goals in the application based on the information provided in the local homeless action plan and the applicant’s baseline data on the performance metrics described in this paragraph and determine whether the outcome goals adequately further the objectives of reducing and preventing homelessness pursuant to this paragraph, and may request additional documentation, information, or revisions to the outcome goals.
(C) Initial outcome goals should be met no later than June 30, 2025, and outcome goals shall be updated regularly, as funding continues.
(3) A
narrative that includes the following:
(A) An outline of proposed uses of funds requested and an explanation of how the proposed use of funds will complement existing local, state, and federal funds and equitably close the gaps identified pursuant to paragraph (1).
(B) Evidence of connection with the local homeless Coordinated Entry System.
(C) An agreement to participate in a statewide Homeless Data Integration System, and to enter individuals served by this funding into the local Homeless Management Information System, in accordance with local protocols.
(D) A demonstration of how the jurisdiction has coordinated, and will continue to coordinate, with
other jurisdictions, including the specific role of each applicant in relation to other applicants in the region.
(E) A demonstration of the applicant’s partnership with, or plans to use funding to increase partnership with, local health, behavioral health, social services, and justice entities and with people with lived experiences of homelessness.
(F) A description of specific actions 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.
(G) A description of how
the applicant will make progress in preventing exits to homelessness from institutional settings, include plans to leverage funding from mainstream systems for evidence-based housing and housing-based solutions to homelessness.
(H) Specific and quantifiable systems improvements that the applicant will take to improve the delivery of housing and services to people experiencing homelessness or at risk of homelessness, including, but not limited to, the following:
(i) Capacity building and workforce development for service providers within the jurisdiction, including removing barriers to contracting with culturally specific service providers and building the capacity of providers to administer culturally specific services.
(ii) Strengthening the data quality of the recipient’s Homeless Management Information System.
(iii) Increasing capacity for pooling and aligning housing and
services funding from existing, mainstream, and new funding.
(iv) Improving homeless point-in-time counts.
(v) Improving coordinated entry systems to eliminate racial bias or to create a youth-specific coordinated entry system.
(vi) Plans shall include strategies to meet outcome goals pursuant to paragraph (2).
(4) For city, county, and continuum of care applicants, an application pursuant to this subdivision shall be agendized at a regular meeting by the governing body, including receiving public comment, before being submitted to the department.
(c) The department may request
additional documentation and information from the applicant during consultation consistent with respect to round 4 program allocations consistent with the requirements of subdivision (b).
(d) (1) Within 30 days of receiving the final applications pursuant to subdivision (b), the department shall either approve the application and issue the notice of award to disburse 50 percent of an applicant’s funding pursuant to subdivision (a) of Section 50218.7 or return it to the applicant with written, detailed comments and request one or more of the following specific amendments to the application:
(A) Greater detail on any aspect of the application so that the
department can ensure fidelity with the applicant’s proposed use of funds and agreedupon measurable outcome goals.
(B) Modifications or provision of additional information on the applicant’s proposed funding plan to ensure alignment with the applicant’s stated measurable outcome goals and with evidence-based solutions to reduce homelessness.
(C) Any other modifications or provision of information that would allow the department to better monitor and evaluate the applicant’s ability to meet objective outcome standards in accordance with Sections 50221, 50222, and 50223.
(2) Upon approval of an application pursuant to this section, the department shall disburse 50 percent of an eligible city’s, county’s,
or continuum of care’s total allocation pursuant to subdivision (a) of Section 50218.7.
(e) Except as provided in subdivision (f), a recipient of a round 4 program allocation, including tribal recipients, shall expend funds on evidence-based solutions that address and prevent homelessness among eligible populations, including any of the following:
(1) Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees.
(2) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
(3) Street outreach to
assist persons experiencing homelessness to access permanent housing and services.
(4) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing.
(5) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations, including families and homeless youth.
(6) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions.
(7) Prevention and shelter diversion to permanent housing, including rental
subsidies.
(8) Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing noncongregate shelters, and operations of existing navigation centers and shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following:
(A) The number of available shelter beds in the city, county, or region served by a continuum of care.
(B) The number of people experiencing unsheltered homelessness in the homeless point-in-time count.
(C) Shelter vacancy rate in the summer and winter months.
(D) Percentage of exits from emergency
shelters to permanent housing solutions.
(E) A plan to connect residents to permanent housing.
(F) Any new interim sheltering funded by round 4 funds must be low-barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.
(9) Improvements to existing emergency shelters to lower barriers and increase privacy.
(f) An applicant shall not use more than 7 percent of a round 4 program allocation for administrative costs incurred by the city, county, continuum of care, or tribe to administer its program allocation.
For purposes of this subdivision, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation.
(g) A recipient of a round 4 program allocation shall comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
(h) Notwithstanding Section 27011 of the Government Code, or any other law governing the deposit of funds in the county treasury, a county may accept or deposit into the county treasury funds from any source for the purpose of administering a project, proposal, or program under this chapter.
(i) For purposes of Section 1090 of the Government Code, a representative
of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.
(j) The department and recipients shall post final round 4 program applications to their respective internet websites within 30 days of disbursal to the applicant.
(k) (1) A recipient shall contractually obligate not less than 75 percent, and shall expend not less than 50 percent, of the initial round 4 program allocations made to it pursuant to paragraph (2) of
subdivision (d) no later than May 31, 2025.
(2) Upon demonstration by a recipient city, county, or continuum of care that it has complied with the requirement to contractually obligated and expend a minimum amount of its round 4 program allocation pursuant to paragraph (1), and remains on track to meet its outcome goals, as determined by the department pursuant to Section 50223, the department shall disburse to that recipient the remaining 50 percent of its total allocation pursuant to subdivision (a) of Section 50218.7.
(3) If less than 75 percent of a recipient’s round 4 program allocation made pursuant to paragraph (2) of subdivision (d) is obligated, or less than 50 percent of that amount is expended, after
May 31, 2025, the recipient shall not contractually obligate or expend any remaining portion of its round 4 program allocations, and the department shall not allocate to the recipient the remaining 50 percent of its total allocation, unless both of the following occur:
(A) On or before June 30, 2025, the recipient submits an alternative disbursement plan that includes an explanation for the delay.
(B) The department approves the alternative disbursement plan submitted pursuant to subparagraph (A).
(4) On or before December 31, 2026, a recipient shall return to the department any funds that have not been expended pursuant to an alternative disbursement plan approved pursuant to subparagraph
(B) of paragraph (3), to be allocated for round 5 of the program pursuant to this chapter.
(l) (1) No later than June 30, 2025, recipients shall demonstrate whether they have successfully met their outcome goals pursuant to paragraph (2) of subdivision (b).
(2) Jurisdictions that have not met their outcome goals shall
accept technical assistance from department staff. In addition, jurisdictions that have not met their outcome goals may also be required to limit the allowable uses of these program funds, as determined by the
department.
(m) The department may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements.
(n) In addition to requirements in Section 50222, the department may monitor the expenditures and programmatic activities of an applicant, as the department deems necessary, to ensure compliance with round 4 program requirements and adequate progress towards meeting outcome goals.
(o) The department may, as it deems appropriate or necessary, request the repayment of round 4 program funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements.
(p) Any remaining amounts of round 4 program allocation funds, not expended by June 30, 2027, shall revert to, and be paid and deposited in, the General Fund.
(q) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 13.
Section 50221 of the Health and Safety Code is amended to read:50221.
(a) After receiving program funds, a recipient, by January 1 of the year following receipt of the funds and annually on that date thereafter until all funds have been expended, shall submit a report to the department on a form and method provided by the department, that includes all of the following, as well as any additional information the department deems appropriate or necessary:(1) An ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds.
(2) The number of homeless individuals served by the program funds in that year, and a total number served in all years of the program, as well the homeless population served.
(3) The types of housing assistance provided, broken out by the number of individuals.
(4) Outcome data for an individual served through program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful
housing exits.
(b) No later than January 1, 2026, each applicant that receives a round 1 program allocation shall submit to the department a final report in a format provided by the department, as well as detailed uses of all program funds.
(c) The department shall post this information to its internet website within 30 days of receipt and provide notice to the Senate Housing Committee, Assembly Housing and Community Development Committee, and the appropriate Fiscal Committees.
(d) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 14.
Section 50222 of the Health and Safety Code is amended to read:50222.
(a) Beginning in 2021, in addition to the data required on the report under Section 50221, applicants shall provide the following information for both rounds of program allocations through a data collection, reporting, performance monitoring, and accountability framework, as established by the department:(1) Data collection shall include, but not be limited to, information regarding individuals and families served, including demographic information, information regarding partnerships among entities or lack thereof, and participant and regional outcomes.
(2) The performance monitoring and accountability framework shall
include clear metrics, which may include, but are not limited to, the following:
(A) The number of individual exits to permanent housing, as defined by the United States Department of Housing and Urban Development, from unsheltered environments and interim housing resulting from this funding.
(B) Racial equity, as defined by the department in consultation with representatives of state and local agencies, service providers, the Legislature, and other stakeholders.
(C) Any other metrics deemed appropriate by the department and developed in coordination with representatives of state and local agencies, advocates, service providers, and the Legislature.
(3) Data collection and reporting requirements shall support the efficient and effective administration of the program and enable the monitoring of jurisdiction performance and program outcomes.
(b) Based on the data collection, reporting, performance monitoring, and accountability framework established by the department pursuant to subdivision (a), all recipients of a program allocation, no later than January 1 of the year following receipt of funds, and annually on that date thereafter until all funds have been expended, shall submit a report to the
department in a format provided by the department.
(c) No later than January 1, 2027, each recipient that receives a round 2 program allocation shall submit to the department a final report in a format provided by the department, as well as detailed uses of all program funds.
(d) Data collection and data sharing pursuant to this chapter shall be conducted and maintained in accordance with all applicable state and federal privacy and confidentiality laws and regulations.
(e) The client information and records of services provided pursuant to this chapter shall be subject to the requirements of Section 10850 of the Welfare and Institutions Code and shall be exempt from inspection under the California Public
Records Act (Division 10 (commencing with Section 7920.000) of Part 1 of the Government Code).
(f) Notwithstanding any other law, data collected through the administration and operation of this chapter shall be captured based on the Homeless Management Information System data standards set forth by the United States Department of Housing and Urban Development and by any other means specified by the
department, and may be shared with other programs to maximize the efficient and effective provision of public benefits and services, and to evaluate this chapter or its impact on other public benefit and services programs.
(g) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 15.
Section 50223 of the Health and Safety Code is amended to read:50223.
(a) Beginning with round 3 of the program, in addition to the data required under Sections 50221 and 50222, applicants shall provide the following information for all rounds of program allocations through a data collection, reporting, performance monitoring, and accountability framework, as established by the department:(1) (A) Data on the applicant’s progress towards meeting their outcome goals, which shall be submitted annually on December 31 of each year through the duration of the program.
(B) If the applicant has not made significant progress toward their outcome goals, the applicant shall submit a
description of barriers and possible solutions to those barriers.
(C) Applicants that do not demonstrate significant progress towards meeting outcome goals shall accept technical assistance from the department and may also be required to limit the allowable uses of these program funds, as determined by the department.
(2) (A) A quarterly fiscal report of program funds expended and obligated in each allowable budget category approved in their application for program funds.
(B) If the applicant has not made significant progress toward their outcome goals, then the applicant shall report on their outcome goals in their quarterly report.
(3) The department shall compile and post a statewide report that aggregates each applicant’s outcome goals into a single statewide set of metrics.
(b) No later than October 1, 2026, each recipient that receives a round 3 program allocation shall submit to the department a final report in a format provided by the department, as well as detailed uses of all program funds.
(c) No later than October 1, 2027, each recipient that receives a round 4 program allocation shall submit to the department a final report in a format provided by the department, as well as detailed uses of all program funds.
(d) The amendments made to this section by the bill adding this subdivision shall become operative on November 1,
2023.
SEC. 16.
Section 50223.1 is added to the Health and Safety Code, to read:50223.1.
Beginning with round 5 of the program, each applicant shall provide the following information with their application for a program allocation:(a) An analysis of outcomes from the previous two rounds of the program that includes both of the following:
(1) The number of people experiencing homelessness that were sheltered during the program round.
(2) The number of people experiencing homelessness that were transitioned into permanent housing during the program round.
(b) The expected number of people experiencing homelessness that will be transitioned into permanent
housing for the program round.
SEC. 16.SEC. 17.
Section 50224 is added to the Health and Safety Code, to read:50224.
(a) For purposes of the program, commencing November 1, 2023, the department is the successor to, and is vested with, all of the duties, powers, and responsibilities of the California Interagency Council on Homelessness. All program laws prescribing the duties, powers, and responsibilities of the California Interagency Council on Homelessness to which the department succeeds, together with all program rules and guidance established under those laws, are expressly continued in force, including, but not limited to, existing processes and remedies available.(b) Any program award or approval issued by the California Interagency Council on Homelessness and in effect
on October 31, 2023, shall be deemed on and after November 1, 2023, to be an award or approval of the department.
(c) Whenever any reference to the California Interagency Council on Homelessness appears in any regulation or contract with respect to the program, it shall be deemed to refer to the department.
(d) An action relating to the program to which the California Interagency Council on Homelessness is a party shall not abate by reason of the transfer in program duties, powers, and responsibilities to the department, but shall continue in the name of the department, and the department shall be substituted for the California Interagency Council on Homelessness by the court wherein the action is pending. The substitution shall in no way affect the rights of the
parties to the action.
(e) Notwithstanding any other law, this section shall not limit the authority of, and expressly authorizes, the department and the California Interagency Council on Homelessness to delegate, share, provide assistance for, or transfer between themselves administrative responsibilities for the program within the department’s and the board’s respective duties, powers, and responsibilities pursuant to an agreement.
(f) This section shall become operative on November 1, 2023.
SEC. 17.SEC. 18.
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) “County” includes, but is not
limited to, a city and county.
(f) “Department” means the Department of Housing and Community Development.
(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) “Recipient” means an applicant that receives grant funds from the department for the purposes of the program.
(l) “State right-of-way” means real property held in title by the State of California.
(m) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 18.SEC. 19.
Section 50251 of the Health and Safety Code is amended to read:50251.
(a) The Encampment Resolution Funding program is hereby established to, upon appropriation by the Legislature, increase collaboration between the department, local jurisdictions, and continuums of care for the following purposes:(1) Assist local jurisdictions in ensuring the safety and wellness of people experiencing homelessness in encampments.
(2) Provide encampment resolution grants to local jurisdictions and continuums of care to resolve critical encampment concerns and transition individuals into safe and stable housing.
(3) Encourage a data-informed, coordinated
approach to address encampment concerns.
(b) (1) The department shall administer the program.
(2) Notwithstanding paragraph (1), the department may consult with and designate a state agency or department to support the administration of the program.
(c) (1) The department’s decision to approve or deny an application and the determination of the amount of funding to be provided shall be final and not subject to appeal.
(2) In determining which applications to approve, the department shall evaluate and score proposals based on all of the following criteria:
(A) The applicant’s capacity to carry out the proposal.
(B) Whether the site selected for services aligns with the proposed service delivery model.
(C) Whether the demographics and needs of service recipients align with the proposed service delivery model.
(D) The applicant’s ability to develop a detailed service delivery plan, including a description of how individuals will be served with permanent housing solutions.
(E) The applicant’s ability to coordinate with other systems to increase services and housing options.
(F) The applicant’s capacity to involve people with lived experience and
local community partners in the implementation of its project.
(G) The applicant’s ability to recruit and deploy personnel with experience and expertise needed to support the success of their proposal.
(H) The applicant’s ability to demonstrate a prudent and effective use of requested funding relative to the number of people it seeks to serve and the types of services to be provided in the proposal.
(d) The department shall maintain records of the following:
(1) The number of applications for program grants received by the department.
(2) The number of applications for program grants
denied by the department.
(3) The name of each recipient of a program grant.
(4) The amount of funds allocated to each applicant.
(e) The department may adopt regulations to implement this chapter. The adoption, amendment, or repeal of a regulation authorized by this subdivision is hereby exempted from 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).
(f) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 19.SEC. 20.
Section 50252 of the Health and Safety Code is amended to read:50252.
(a) The department shall distribute funding round 1 moneys in accordance with this chapter.(b) Except as specified in subdivision (e), the department shall award the moneys appropriated as competitive grants to applicants to be used to support encampment resolution and rehousing efforts for local jurisdictions. Department staff shall develop and disseminate encampment resolution strategies, case studies, and learnings to local jurisdictions.
(c) Applicants may submit an application for a program grant to the department in a form and manner specified by the department. The application shall include, at a minimum, all
of the following:
(1) Information on the number and demographics of the individuals living in the encampment that the applicant is
requesting funding to help resolve.
(2) A description of why this specific encampment is being prioritized for resolution support.
(3) A description of how the applicant intends to collaborate with state and local partners to mitigate risk and address safety concerns, while ensuring a pathway for individuals living in encampments to move into safe and stable housing.
(4) A description of how the applicant intends to use these funds to connect all individuals living in the encampment to services and housing.
(5) A description of other local resources and funding streams that will be used to ensure the ongoing availability of services and housing
support for people who are moved out of encampments into permanent housing.
(d) When determining grant awards, funding shall be prioritized for:
(1) Jurisdictions that can demonstrate a commitment to cross-systems collaboration and innovative efforts to resolve encampment issues, while focusing on protecting the health and well-being of the individuals living in those encampments.
(2) Jurisdictions that have 50 or more individuals living in the encampment that they are seeking to support with these funds.
(3) The intent of the department is to award grants, to the extent feasible, to a range of applicants that represent the diversity of communities across the
state, including rural, urban, and suburban communities.
(e) Of the moneys available pursuant to subdivision (a), the department may expend up to 5 percent for administration of the program.
(f) This section only applies to funding round 1 moneys and does not apply to additional funding round moneys.
(g) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 20.SEC. 21.
Section 50252.1 of the Health and Safety Code is amended to read:50252.1.
(a) This section only applies to additional funding round moneys and does not apply to funding round 1 moneys.(b) The department shall award additional funding round moneys first to fund projects from prior funding rounds that the department determined satisfied applicable program requirements but were not funded in the prior round.
(c) (1) Any funds remaining after the awards required by subdivision (b) shall be awarded on a rolling basis in accordance with this subdivision.
(2) The department shall begin accepting new applications
for a program grant by five months after the appropriation in the given fiscal year is made.
(3) The department shall cease accepting new applications for a program grant by the earlier of the end of the
fiscal year in which the appropriation is made or the date the funds from the appropriation have been expended.
(4) Applicants shall submit an application for a program grant to the department in a form and manner specified by the department. The application shall include, at a minimum, all of the following:
(A) Information on the number and demographics of the individuals living in the encampment that the applicant is requesting funding to help resolve.
(B) A description of why the specific encampment is being prioritized for resolution support.
(C) A description of how the applicant intends to collaborate with state and local partners to
mitigate risk and address safety concerns while ensuring a pathway for individuals living in encampments to move into safe and stable housing.
(D) A description of how the applicant intends to use these funds to connect all individuals living in the encampment to services and housing.
(E) A description of other local resources and funding streams that will be used to ensure the ongoing availability of services and housing support for people who are moved out of encampments into permanent housing.
(F) A goal for the number of individuals the program will support transitioning from encampments into temporary shelters.
(G) A goal for the number of individuals
the program will support transitioning from encampments into permanent housing.
(5) In awarding grants, funding shall be prioritized for both of the following:
(A) Jurisdictions that can demonstrate a commitment to cross-systems collaboration, including collaborations with state entities, and innovative efforts to resolve encampment issues, while focusing on protecting the health and well-being of the individuals living in those encampments.
(B) Applicants that represent the diversity of communities across the state, including, but not limited to, rural, urban, and suburban communities.
(d) The department may do any of the following:
(1) Monitor grantee performance.
(2) Require a grantee not meeting goals to accept technical assistance from the department.
(3) Limit the allowable uses of program funds for a grantee that is not meeting goals.
(e) The department may use up to 5 percent of money appropriated in a given fiscal year for administration of the program, including capacity building and technical assistance activities in support of program goals.
(f) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 22.
Section 50252.2 is added to the Health and Safety Code, to read:50252.2.
Beginning with round 2 of the program, each applicant shall provide the following information with their application for a program grant:(a) An analysis of outcomes from the previous round of the program that includes both of the following:
(1) The number of people experiencing homelessness that were sheltered during the program round.
(2) The number of people experiencing homelessness that were transitioned into permanent housing during the program round.
(b) The expected number of people experiencing homelessness that will be transitioned into permanent housing for
the program round.
SEC. 21.SEC. 23.
Section 50253 of the Health and Safety Code is amended to read:50253.
(a) The department shall administer the funding round 1 moneys of the program in accordance with the following timelines:(1) The department shall make a program application available no later than October 31, 2021.
(2) Applications shall be due to the department no later than December 31, 2021.
(3) The department shall make initial award determinations no later than March 1, 2022.
(4) If not all funds have been awarded after the first round of grant awards, the department may accept additional applications
and make additional awards until all funds have been allocated.
(b) Recipients of funding round 1 moneys shall expend at least 50 percent of their allocation by June 30, 2023.
(1) Recipients who fail to expend their allocated funds in compliance with this subdivision shall return to the department no less than 25 percent of their total allocation amount for reallocation by the department during subsequent rounds of funding.
(c) Recipients of funding round 1 moneys shall expend all program funds no later than June 30, 2024. Any funds not expended by this date shall be returned to the department to be reallocated pursuant to Section 50252.1.
(d) (1) Recipients of additional funding round moneys pursuant to subdivision (b) of Section 50252.1 shall expend at least 50 percent of their allocation within two fiscal years of the appropriation from the Legislature. Any funds not expended by this date shall be returned to the department and reallocated pursuant to Section 50252.1.
(2) Recipients of additional funding round moneys pursuant to subdivision (b) of Section 50252.1 shall obligate 100 percent of their allocation within two fiscal years of the appropriation from the Legislature.
(3) Recipients that do not meet requirement in paragraph (2) shall submit to the department within 60 days of the end of the second fiscal year a plan for obligating 100 percent of their allocation within six
months.
(4) The department may subject recipients that do not meet the requirement in paragraph (2) to additional corrective action determined by the department.
(5) Recipients of additional funding round moneys pursuant to subdivision (b) of Section 50252.1 shall expend all program funds within three fiscal years of the appropriation. Any funds not expended by this date shall revert to the fund of origin.
(e) (1) Recipients of additional funding round moneys pursuant to subdivision (c) of Section 50252.1 shall expend at least 50 percent of their allocation within two fiscal years of the appropriation from the Legislature.
(2) Recipients
of additional funding round moneys pursuant to subdivision (c) of Section 50252.1 shall obligate 100 percent of their allocation within two fiscal years of the appropriation from the Legislature.
(3) Recipients that do not meet the requirement in paragraph (2) shall submit to the department within 60 days of the end of the second fiscal year a plan for obligating 100 percent of their allocation within six months.
(4) The department may subject recipients that do not meet the requirement in paragraph (2) to additional corrective action determined by the department.
(5) Recipients of additional funding round moneys pursuant to subdivision (c) of Section 50252.1 shall expend all program funds within four fiscal
years of the appropriation. Any funds not expended by this date shall revert to the fund of origin.
(f) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 22.SEC. 24.
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 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 department shall specify the form and substance of the required data elements.
(2) The department 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 department, in addition to any data reported through local Homeless Management Information System, as required by the department 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
department.
(f) The department 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 department 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.
(i) The amendments made to this
section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 23.SEC. 25.
Section 50254.1 is added to the Health and Safety Code, to read:50254.1.
(a) For purposes of the program, commencing November 1, 2023, the department is the successor to, and is vested with, all of the duties, powers, and responsibilities of the California Interagency Council on Homelessness. All program laws prescribing the duties, powers, and responsibilities of the California Interagency Council on Homelessness to which the department succeeds, together with all program rules and guidance established under those laws, are expressly continued in force, including, but not limited to, existing processes and remedies available.(b) Any program award or approval issued by the California Interagency Council on Homelessness and in
effect on October 31, 2023, shall be deemed on and after November 1, 2023, to be an award or approval of the department.
(c) Whenever any reference to the California Interagency Council on Homelessness appears in any regulation or contract with respect to the program, it shall be deemed to refer to the department.
(d) An action relating to the program to which the California Interagency Council on Homelessness is a party shall not abate by reason of the transfer in program duties, powers, and responsibilities to the department, but shall continue in the name of the department, and the department shall be substituted for the California Interagency Council on Homelessness by the court wherein the action is pending. The substitution shall in no way affect the rights of the
parties to the action.
(e) Notwithstanding any other law, this section shall not limit the authority of, and expressly authorizes, the department and the California Interagency Council on Homelessness to delegate, share, provide assistance for, or transfer between themselves administrative responsibilities for the program within the department’s and the board’s respective duties, powers, and responsibilities pursuant to an agreement.
(f) This section shall become operative on November 1, 2023.
SEC. 24.SEC. 26.
Section 50255 of the Health and Safety Code is amended to read:50255.
For purposes of this chapter:(a) “Applicant” means a continuum of care, city, or county.
(b) “Continuum of care” has the meaning provided in Section 578.3 of Title 24 of the Code of Federal Regulations as that section read on May 1, 2021.
(c) “County” includes, but is not limited to, a city and county.
(d) “Department” means the Department of Housing and Community Development.
(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) “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.
(g) “Program” means the Family Homelessness Challenge Grants and Technical Assistance Program established pursuant to this chapter.
(h) “Recipient” means a jurisdiction that receives funds from the department for the purposes of the program.
(i) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 25.SEC. 27.
Section 50256 of the Health and Safety Code is amended to read:50256.
(a) The Family Homelessness Challenge Grants and Technical Assistance Program is hereby established for the purpose of providing one-time grants and technical assistance to local jurisdictions in order to address and end family homelessness.(b) (1) Council staff shall administer the program, which shall provide grants and technical assistance. Technical assistance may be provided directly by department staff or through a contracted entity.
(2) The program shall give preference to proposals that promote rapid innovation, accelerate nascent programs, expand promising practices, and meet new demands and
conditions for solutions targeted towards ending family homelessness. Program funding shall be prioritized for jurisdictions that can demonstrate cross-systems collaboration, multifunder initiatives, and innovative efforts that coordinate across funding streams and systems.
(c) The decision of the department to approve or deny an application and the determination of the amount of funding to be provided shall be final.
(d) The department shall maintain records of the following:
(1) The number of applications for program grants received by the department.
(2) The number of applications for program grants denied by the department.
(3) The name of each recipient of program funds.
(4) The amount of funds allocated to each applicant.
(e) In administering this chapter, the department shall not be subject to 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).
(f) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 26.SEC. 28.
Section 50257 of the Health and Safety Code is amended to read:50257.
(a) Upon appropriation by the Legislature, forty million dollars ($40,000,000) or whatever greater or lesser sum is appropriated for purposes of the program, shall be distributed in accordance with this subdivision.(1) Seventy-five percent of the amount appropriated shall be distributed through two rounds of competitive grants to applicants to be used to accelerate efforts by local jurisdictions to eliminate family homelessness in their communities.
(A) Fifty percent of the amount referenced in this paragraph shall be distributed through the initial round of competitive grant funding.
(B) Fifty percent of the amount referenced in this paragraph shall be distributed through a second round of competitive grant funding. Recipients of the initial round of program funds that demonstrate adequate progress towards their program goals, remain in compliance with all requirements of this program, and demonstrate the most promising and innovative practices which could be scaled and replicated to support statewide efforts to eliminate family homelessness may apply for the second round of grant funding.
(2) Twenty percent of the amount appropriated shall be set aside for intensive technical assistance to local jurisdictions to support the state’s efforts to reach functional zero for family homelessness.
(3) Of the amount appropriated pursuant to this subdivision, up to 5 percent may be expended by the department for the administration of the program. The department may utilize any unused funds from moneys set aside for program administration for technical assistance or to augment existing allocations.
(b) Applications for funding shall include a full description of how the applicant intends to use program funds for rapid innovation, accelerating nascent programs, expanding promising practices, or meeting new demands and conditions where practical work occurs for solutions targeted towards ending family homelessness, and any additional fiscal and programmatic information related to this grant as determined by the department.
(c) The amendments made to this
section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 27.SEC. 29.
Section 50258 of the Health and Safety Code is amended to read:50258.
(a) (1) The department shall make available an application for the first round of allocations no later than March 1, 2022.(2) Applications shall be due to the department no later than 60 days from the date the department makes those applications available pursuant to paragraph (1).
(3) Initial award determinations shall be made no more than 60 days after the deadline to submit applications.
(b) Recipients of funds shall expend at least 50 percent of their first-round allocation by June 30, 2024.
(1) Recipients who fail to expend their allocated funds in compliance with this subdivision shall repay to the department no less than 25 percent of their total allocation amount. The repayment amount shall be determined by the
department based on its evaluation of the circumstances behind the failure to expend the allocated funds in compliance with this section. The repaid funds shall be reallocated by the department during the second round of funding.
(2) Any funds not distributed in the first round of awards or repaid pursuant to paragraph (1), shall be allocated in the second round of funding.
(c) (1) The department shall make available an
application for the second round of allocations no later than December 31, 2023.
(2) Applications shall be due to the department no later than 60 days from the date the department makes the application available pursuant to paragraph (1).
(3) Initial award determinations shall be made no more than 60 days after the deadline to submit applications.
(d) If, after the second round of awards pursuant to this section, not all funds have been awarded, the department may make additional awards or augment existing allocations until all funds have been allocated.
(e) All program funds shall be expended by June 30, 2026. Any funds that are not expended
by this date shall revert to, and be paid and deposited in, the General Fund.
(f) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 30.
Section 50258.1 is added to the Health and Safety Code, to read:50258.1.
Beginning with round 2 of the program, each applicant shall provide the following information with their application for funding:(a) An analysis of outcomes from the previous round of the program that includes both of the following:
(1) The number of people experiencing homelessness that were sheltered during the program round.
(2) The number of people experiencing homelessness that were transitioned into permanent housing during the program round.
(b) The expected number of people experiencing homelessness that will be transitioned into permanent housing for the
program round.
SEC. 28.SEC. 31.
Section 50259 of the Health and Safety Code is amended to read:50259.
(a) All recipients of funds pursuant to this chapter shall provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System, for tracking in the statewide Homeless Data Integration System.(b) (1) The department shall specify the form and substance of required data elements.
(2) The department may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(c) 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 (Division 10 (commencing with Section 7920.000) 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 of funds shall provide information and products developed with grant funds on service delivery models in support of the overall program goal to create scalable solutions to family homelessness in a format and timeframe as
specified by the department.
(f) The amendments made to this section by the bill adding this subdivision shall become operative on November 1, 2023.
SEC. 29.SEC. 32.
Section 50259.1 is added to the Health and Safety Code, to read:50259.1.
(a) For purposes of the program, commencing November 1, 2023, the department is the successor to, and is vested with, all of the duties, powers, and responsibilities of the California Interagency Council on Homelessness. All program laws prescribing the duties, powers, and responsibilities of the California Interagency Council on Homelessness to which the department succeeds, together with all program rules and guidance established under those laws, are expressly continued in force, including, but not limited to, existing processes and remedies available.(b) Any program award or approval issued by the California Interagency Council on Homelessness and in effect on
October 31, 2023, shall be deemed on and after November 1, 2023, to be an award or approval of the department.
(c) Whenever any reference to the California Interagency Council on Homelessness appears in any regulation or contract with respect to the program, it shall be deemed to refer to the department.
(d) An action relating to the program to which the California Interagency Council on Homelessness is a party shall not abate by reason of the transfer in program duties, powers, and responsibilities to the department, but shall continue in the name of the department, and the department shall be substituted for the California Interagency Council on Homelessness by the court wherein the action is pending. The substitution shall in no way affect the rights of the parties to
the action.
(e) Notwithstanding any other law, this section shall not limit the authority of, and expressly authorizes, the department and the California Interagency Council on Homelessness to delegate, share, provide assistance for, or transfer between themselves administrative responsibilities for the program within the department’s and the board’s respective duties, powers, and responsibilities pursuant to an agreement.
(f) This section shall become operative on November 1, 2023.