Bill Text: CA SB933 | 2019-2020 | Regular Session | Amended
Bill Title: Homeless Emergency Aid program: funding.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-05-12 - Referral to Com. on HUMAN S. rescinded due to the shortened 2020 Legislative Calendar. [SB933 Detail]
Download: California-2019-SB933-Amended.html
|
Amended
IN
Senate
March 11, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 933
| Introduced by Senator Wilk |
February 06, 2020 |
An act to amend Section 50211 of Sections 50210, 50214, and 50215 of, and to add Sections 50213.5 and 50215.5 to, the Health and Safety Code, relating to housing. housing, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 933, as amended, Wilk.
Homeless Emergency Aid Program. program: funding.
Existing law establishes the Homeless Emergency Aid program for the purpose of providing localities with one-time flexible block grant funds to address their immediate homelessness challenges. Existing law requires the Business, Consumer Services, and Housing Agency to administer the program in consultation with the Homeless Coordinating and Financing Council. Subject to appropriation by the Legislature, existing law requires the agency to distribute funds, in accordance with specified formulae, to administrative entities and to counties that meet certain requirements, including that the county or the jurisdictions represented by the administrative entity, as applicable, have declared a shelter crisis pursuant to specified law. Existing law requires that applications be submitted by December 31, 2018,
and provides for an allocation of funds in up to 3 rounds. Existing law requires award recipients to expend program funds on one-time uses that address homelessness, including, but not limited to, prevention, criminal justice diversion programs to homeless individuals with mental health needs, and emergency aid, and to submit a report to the agency by January 1, 2020, pertaining to contract expenditures, the number of homeless individuals served by program funds, and progress toward state and local homelessness goals.
This bill would make technical, nonsubstantive changes to these provisions.
This bill would continuously appropriate the sum of $250,000,000 from the
General Fund to be used to provide an allocation of funds to administrative entities under the program. The bill would specify an allocation formula based on the homeless point-in-time count for each administrative entity and require administrative entities to apply for funding in a manner similar to existing provisions of the program. The bill would require that funds allocated pursuant to these provisions be used to fund programs and provide other assistance that prioritizes meeting the needs of veterans and homeless youth, as defined. The bill would require an administrative entity to report to the agency by January 1 of the year following the year in which it received an allocation pursuant to these provisions. The bill would authorize the agency to monitor expenditures and activities of an administrative entity that receives an allocation and to request the repayment of funds allocated from an administrative entity, or pursue any other remedies available to it by law for failure to comply with program
requirements.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 50210 of the Health and Safety Code is amended to read:50210.
For purposes of this chapter, the following definitions shall apply:(a) “Administrative entity” means a unit of general purpose local government or a nonprofit organization that has previously administered federal Department of Housing and Urban Development Continuum of Care funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations that has been designated by the Continuum of Care to administer program funds.
(b) “Agency” means the Business, Consumer Services, and Housing Agency.
(c) “Council” means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and
Institutions Code.
(d) “County” includes, but is not limited to, a city and county.
(e) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on May 1, 2018.
(f) “Homeless point-in-time count” means the 2017 homeless point-in-time counts pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.
(g) “Homeless youth” has the same meaning as defined in paragraph (2) of subdivision (e) of Section 12957 of the Government Code.
(g)
(h) “Program” means the Homeless Emergency Aid program established pursuant to this chapter.
(i) “Veteran” means an individual who meets the service requirements specified in paragraphs (1) and (2) of subdivision (o) of Section 3 of Article XIII of the California Constitution and who is homeless.
SEC. 2.
Section 50213.5 is added to the Health and Safety Code, to read:50213.5.
(a) Notwithstanding Section 13340 of the Government Code, the sum of two hundred fifty million dollars ($250,000,000) is hereby continuously appropriated from the General Fund to the agency to be used to provide grants to administrative entities.(b) The agency shall allocate annually, from the moneys appropriated to it by subdivision (a), the following amounts to administrative entities according to the following groupings based on homeless population:
(1) To administrative entities with a homeless point-in-time count of over 20,000 persons, forty million dollars ($40,000,000).
(2) To administrative entities with a homeless point-in-time count between 4,000 and 19,999 persons, sixty million dollars ($60,000,000).
(3) To administrative entities with a homeless point-in-time count between 2,500 and 3,999 persons, thirty million dollars ($30,000,000).
(4) To administrative entities with a homeless point-in-time count between 1,800 and 2,499 persons, forty-eight million dollars ($48,000,000).
(5) To administrative entities with a homeless point-in-time count between 1,500 and 1,799 persons, eighteen million dollars ($18,000,000).
(6) To administrative entities with a homeless point-in-time count between 1,000 and 1,499 persons, thirty-two million dollars ($32,000,000).
(7) To administrative entities with a homeless point-in-time count between 750 and 999 persons, twelve million dollars ($12,000,000).
(8) To administrative entities with a homeless point-in-time count between 250 and 749 persons, seven million dollars ($7,000,000).
(9) To administrative entities with a homeless point-in-time count of less than 250 persons, two million dollars ($2,000,000).
(10) The agency shall set aside funds for each administrative entity grouping with the funds available for each grouping to be divided equally among administrative entities within that grouping.
(11) Up to one million dollars ($1,000,000) shall be available for the agency to administer the program.
(c) Applications for the first round of awards shall be submitted to the agency on or before December 31 of the year preceding the year for which an administrative entity seeks funding under this section. The agency shall verify whether each funding request meets the minimum criteria established by this chapter and make awards on a continuous basis based on that criteria, but no later than January 31 of
the year for which the administrative entity seeks funding under this section.
(d) (1) If, after the first round of awards pursuant to subdivision (c), not all funds have been claimed by all administrative entities, the agency shall set aside any remaining funds for a second round of awards.
(2) Applications for the second round of awards shall be submitted to the agency on or before April 30 of the year for which an administrative entity seeks funding under this section. The agency shall verify whether each funding request meets the minimum criteria established by this chapter and make awards on a continuous basis based on that criteria, but no later than May 31 of the year for which the administrative entity seeks funding under this
section. Any qualifying administrative entity may apply for funds available in the second round of awards.
(e) If, after the second round of awards pursuant to subdivision (d), not all funds have been claimed by all administrative entities, the remaining unencumbered balance of funding available for the year shall revert to the General Fund.
SEC. 3.
Section 50214 of the Health and Safety Code is amended to read:50214.
(a) (1) Program funds shall be expended on one-time uses that address homelessness, including, but not limited to, prevention, criminal justice diversion programs to homeless individuals with mental health needs, and emergency aid.(2) Program funds allocated pursuant to Section 50213.5 shall be used to fund programs and provide other assistance, as provided in this section, that prioritizes meeting the needs of veterans and homeless youth.
(b) No more than 5 percent of programs funds may be used for administrative costs related to the execution of eligible activities. For purposes of this subdivision, “administrative costs” does not include staff costs directly related to carrying out the eligible activities pursuant to subdivision (a). Program funds shall not be used for overhead or planning activities.
(c) An administrative entity shall use no less than 5 percent of its total allocation to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness.
SEC. 4.
Section 50215 of the Health and Safety Code is amended to read:50215.
(a) (1) No later than January 1, 2020, each recipient of program funds pursuant to Section 50213 shall submit to the agency a report, on a form provided by the agency, pertaining to contract expenditures, the number of homeless individuals served by program funds, and progress toward state and local homelessness goals.(2) The agency may request additional information, as needed, to meet other applicable reporting or audit requirements.
(b) (1) Not less than 50 percent of program funds
allocated pursuant to Section 50213 shall be contractually obligated by January 1, 2020.
(2) One hundred percent of program funds allocated pursuant to Section 50213 shall be contractually obligated by June 30, 2021. Any funds not expended by that date shall be returned to the agency and revert to the General Fund.
(c) The agency may monitor expenditures and activities of an administrative entity, entity that receives an allocation pursuant to Section 50213 as the agency deems necessary, to ensure compliance with program requirements.
(d) The agency may, as it deems appropriate or necessary, request the repayment of funds
allocated pursuant to Section 50213 from an administrative entity, or pursue any other remedies available to it by law for failure to comply with program requirements.
SEC. 5.
Section 50215.5 is added to the Health and Safety Code, to read:50215.5.
(a) (1) No later than January 1 of the year following the year in which the administrative entity received an allocation pursuant to Section 50213.5, each recipient of program funds pursuant to that section shall submit to the agency a report, on a form provided by the agency, pertaining to contract expenditures, the number of homeless individuals served by program funds, and progress toward state and local homelessness goals. The report shall specify the number of veterans and homeless youth served by the contract expenditures.(2) The agency may request additional information, as needed, to meet other applicable reporting or audit requirements.
(b) The agency may monitor expenditures and activities of an administrative entity that receives an allocation pursuant to Section 50213.5, as the agency deems necessary, to ensure compliance with program requirements.
(c) The agency may, as it deems appropriate or necessary, request the repayment of funds allocated pursuant to Section 50213.5 from an administrative entity, or pursue any other remedies available to it by law for failure to comply with program requirements.
(a)The Homeless Emergency Aid program is hereby established for the purpose of providing localities with one-time flexible block grant funds to address the localities’ immediate homelessness challenges.
(b)The agency, in consultation with the council, shall administer the program, which shall provide block grant funds.
(c)The agency’s decision to approve or deny an application and the determination of the amount of funding to be provided shall be final.
(d)The agency shall
maintain records of all of the following:
(1)The number of applications for program funding received by the agency.
(2)The number of applications for program funding denied by the agency.
(3)The name of each recipient of program funds.
(e)In administering this chapter, the agency 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).
