Housing.
AB 179
California Bills
20250AB__017997ENR INTRODUCED 2025-01-08 AMENDED_SENATE 2026-06-26 PASSED_ASSEMBLY 2026-06-29 PASSED_SENATE 2026-06-29 ENROLLED 2026-06-30 2025 AB ENR Introduced by Committee on Budget (Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Caloza, Connolly, Fong, Haney, Hart, Jackson, Lee, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Ward, and Wilson) LEAD_AUTHOR ASSEMBLY Committee on Budget Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Caloza, Connolly, Fong, Haney, Hart, Jackson, Lee, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Ward, and Wilson
An act to amend
Section 8869.84 of the Government Code, to amend Sections 17929, 18942, 50220, 50220.5, 50220.7, 50220.8, 50223, 50230, 50233, 50235, 50239, 50240, 50241, 50242, 50517.5, 50517.8, 50675, 50675.4, 50675.6, and 50675.15 of, to add
Section to, to add
Chapter 3.1 (commencing with
Section 50160) to Part of, to add
Chapter 6.9 (commencing with
Section 51349.1) to Part of, and to add
Part 18 (commencing with
Section 54920) to, Division of, the Health and Safety Code, to amend Sections 75200.2, 75200.3, 75210, 75212, 75214, 75215, 75216, 75217, 75218, 75218.1, and 75218.2 of, to amend, renumber, and add
Section of, to add Sections 75210.1, 75210.2, 75210.3, and 75212.1 to, and to repeal
Section 75200.1 of, the Public Resources Code, and to amend
Section of the Welfare and Institutions Code, relating to housing, and making an appropriation therefor, to take effect immediately, bill related to the budget. housing, and making an appropriation therefor, to take effect immediately, bill related to the budget Housing.
(1) Existing law establishes the Business, Consumer Services, and Housing Agency consisting of various state entities, including the Department of Housing and Community Development and the California Housing Finance Agency. Pursuant to the Governor’s Reorganization Plan No. 1 of 2025, beginning July 1, 2026, existing law eliminates that agency and establishes the California Housing and Homelessness Agency consisting of various state entities, including the Department of Housing and Community Development and the California Housing Finance Agency.
Existing law requires these entities to oversee and administer various state housing programs, including multifamily affordable housing programs. This bill would, to the extent feasible, require a state entity within the California Housing and Homelessness Agency to consider quantifiable in-kind local contributions, defined as a financial or in-kind commitment by a city, county, or city and county, as specified, when awarding competitive multifamily affordable housing funding for new construction projects, as specified.
If a city, county, or city and county is a lead applicant for a project in an affordable multifamily rental or ownership housing development administered by a state entity within that agency and has not committed to waiving any development impact fee, as defined, that it would otherwise impose on the project, the bill would require the awarding agency to reduce the total award amount for the project, as specified. The bill would make these provisions applicable to any notice of funding opportunity issued after July 1, 2027.
(2) Existing law establishes the Homeless Housing, Assistance, and Prevention program (HHAP) for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in rounds and establishes round of the program and states the intent of the Legislature to enact future legislation that specifies the parameters, as specified.
Existing law provides for certain of those remaining amounts of those program allocation funds that have not been expended by certain dates, including by reverting those funds to the General Fund. This bill would require those remaining amounts to be returned to the department for reallocation in a specified procedure, including via a subsequent notice of funding availability. By modifying existing appropriations, this bill would make an appropriation.
(3) Existing law requires applicants for a round or program allocation to establish certain system performance measures to prevent and reduce homelessness. Existing law requires those measures to set definitive metrics for achieving certain goals, including reducing the number of persons experiencing homelessness. This bill would instead require those measures to include, among other things, the number of people experiencing homelessness who are accessing services, and would require applicants to also track demographic data with respect to age, gender, race, and ethnicity for each of those measures.
(4) Existing law establishes eligibility requirements for jurisdictions to receive a round or program allocation, including being a signatory to a regionally coordinated homelessness action plan. Existing law requires that plan to include, among other things, the most recent system performance metrics for the region, including the number of people experiencing homelessness.
This bill would instead require the most recent system performance measures for each region to include, among other things, the number of people experiencing unsheltered homelessness on a single night, and would require applicants to also track demographic data with respect to age, gender, race, and ethnicity for each of those system performance measures.
(5) Existing law requires applicants to provide certain information for all rounds of program allocations through a data collection, reporting, performance monitoring, and accountability framework, as established by the Department of Housing and Community Development. Existing law requires each recipient that receives a round allocation to submit to the department, no later than April 1, 2030, a final report, as specified. This bill would make changes to those data requirements. The bill would require each recipient that receives a round allocation to submit to the department, no later than April 1, 2034, a final report, as specified.
(6) Existing law, through round of HHAP, requires the Department of Housing and Community Development to make available, upon appropriation by the Legislature, $1 billion in the 2024–25 fiscal year for the implementation of the program. Existing law, through round of HHAP, beginning July 1, 2026, appropriates $500,000,000, less a certain amount, for the program, to be disbursed in accordance with certain conditions, including the enactment of legislation declaring that it addresses certain issues.
This bill would require the Department of Housing and Community Development to make available, upon appropriation by the Legislature, the above-described $900,000,000, for round of HHAP, to be administered as additional disbursements of round 6, as provided.
(7) Existing law requires applicants for a round base program allocation to submit an application with certain information within days from the date the department makes the application available. Existing law requires the department to approve the application or return it to the applicant with written detailed comments and request one or more amendments to the application. After approval of the application, existing law requires the department to disburse 50% of the eligible city’s, county’s, or continuum of care’s total allocation, subject to meeting certain conditions.
Existing law requires the department to disburse the remaining 50% of the recipient’s total allocation after demonstrative compliance with certain conditions. This bill would similarly require the department to make 2 50% disbursements of a recipient’s total round program allocation, subject to the recipient meeting certain conditions. The bill would also make conforming changes.
(8) Existing law, the Governor’s Reorganization Plan No. 1 of 2025, beginning July 1, 2026, eliminates the Business, Consumer Services, and Housing Agency and instead establishes the Business and Consumer Services Agency and the California Housing and Homelessness Agency.
The plan also, among other things, establishes the California Interagency Council on Homelessness as an independent entity within the California Housing and Homelessness Agency and renames the existing council as the California Interagency Executive Council on Homelessness, which it establishes within the California Interagency Council on Homelessness. Existing law requires the goals of the Interagency Council on Homelessness to include, among other things, creating a statewide data system or warehouse, known as the Homeless Data Integration System.
To further the efforts to improve the public health, safety, and welfare of people experiencing homelessness in the state, existing law authorizes council staff to collect certain data from continuums of care. This bill would partially effect the above-described changes made by the plan. This bill would, beginning July 1, 2026, require council staff to adopt and periodically publish system performance measures, including age, racial, and ethnic disparities for each measure, as specified.
(9) Existing law authorizes the California Housing Finance Agency to, among other things, make loans to finance affordable housing, including residential structures, housing developments, multifamily rental housing, special needs housing, and other forms of housing, as specified. This bill would require the California Housing Finance Agency to establish the Disaster Rebuilding Assistance Program, to be administered by the agency, for the purpose of supporting construction, reconstruction, and renovation loans for properties damaged or destroyed in a qualified disaster.
This bill would create in the State Treasury the Disaster Rebuilding Fund, to be administered by the agency and continuously appropriated for purposes of the program, and would provide that the moneys deposited in the fund may include, among other things, appropriations from the Legislature from the General Fund or other state fund. By creating a continuously appropriated fund, this bill would make an appropriation.
(10) The Governor’s Reorganization Plan No. 1 of 2025, among other things, establishes the Housing Development and Finance Committee on July 1, 2026, and prescribes its duties. The plan establishes the Housing Development and Finance Executive Committee, with a specified membership, within the Business, Consumer Services, and Housing Agency and prescribes its duties, and then transfers it to the Housing Development and Finance Committee, on July 1, 2026. The plan defines various terms for these purposes.
Existing law requires the Legislative Counsel to prepare for introduction a bill effecting changes made by a Governor’s reorganization plan, as specified, for the purpose of ensuring that statutory law is amended to conform with the changes made by the reorganization plan. This bill would effect the above-described changes made by the plan.
The bill, however, would add additional voting and nonvoting members to the executive committee, and would exempt the executive committee from compliance with the procedural requirements of the Administrative Procedure Act in adopting, amending, or repealing rules and regulations reasonably necessary to carry out the provisions related to its establishment and to the allocation of the executive committee’s share of the state ceiling for qualified residential rental projects, as described, except as provided.
The bill would require the Housing Development and Finance Committee staff to support the Housing Development and Finance Executive Committee. The bill would specify that certain meetings of the Housing Development and Finance Committee would be subject to the Bagley-Keene Open Meeting Act, but certain other meetings would not be considered “meetings” for the purposes of that act, thereby imposing a limitation on the public’s right of access to the meetings of public bodies.
The bill would eliminate a requirement that the Housing Development and Finance Committee submit to the Department of Justice fingerprint images and related information for any employee, prospective employee, contractor, or subcontractor whose duties include, or would include, access to specified confidential or personally identifiable information. The bill would require the executive committee to annually submit supplemental information to specified committee of the Legislature regarding bond utilization, among other information, as provided, and to evaluate certain project monitoring fees, as specified.
The bill would also require the executive committee, beginning in 2028, to prepare an annual demand survey to assess demand for the Housing Development and Finance Committee housing bond allocation, as provided. The bill would also make various technical changes. Existing law generally implements the state volume limit established pursuant to specified federal law. Existing law establishes the California Debt Limit Allocation Committee and requires the committee to determine and announce the state ceiling for the calendar year, as specified.
Existing law allocates the entire state ceiling for each calendar year to the California Debt Limit Allocation Committee to further allocate to state and local agencies, as specified. This bill would, beginning January 1, 2027, and until January 1, 2037, require the California Debt Limit Allocation Committee to dedicate a minimum of 90% of the entire state ceiling to be used for qualified residential rental projects, as specified.
The bill would require the California Debt Limit Allocation Committee, until July 1, 2029, to reserve at least one-half of that 90% to qualified residential rental projects, as defined, awarded funding by the Housing Development and Finance Committee.
After July 1, 2029, if that reserve amount is not reauthorized by the Legislature, the bill would require the California Debt Limit Allocation Committee to reserve at least 40% of that 90% for those qualified residential rental projects, unless the annual demand survey prepared by the Housing Development and Finance Executive Committee, as described above, demonstrates demand exceeding that amount, in which case, under the bill, the reserve amount would be automatically increased up to 50% of that 90% to meet the demand.
This bill, with respect to the reserve described above, would require the Housing Development and Finance Committee, upon approving an application for a multifamily affordable housing program award that has also requested a qualified residential rental project bond allocation, to identify the issuer and transmit the application to the California Debt Limit Allocation Committee, and, when applicable, to the California Tax Credit Allocation Committee.
The bill would require those latter committees, as specified, to make a ministerial allocation of private activity bonds for the project, provided the project meets applicable federal requirements. The bill, until November 1, 2027, would provide a separate process for a private activity bond allocation for projects that received a multifamily affordable housing program award prior to January 1, 2027, and that are not seeking any additional state subsidy, as provided.
(11) Existing law requires the Strategic Growth Council (council) to develop and administer the Affordable Housing and Sustainable Communities Program (AHSC Program) to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development, and that support related and coordinated public policy objectives.
This bill would, beginning with new funding rounds initiated on or after July 1, 2026, divide the administration of the AHSC Program between the council and the Housing Development and Finance Committee (committee), as specified.
The bill would require the council to administer the portion of AHSC Program funding called the AHSC Sustainable Communities Allocation to support flexible infrastructure and community improvement investments that advance greenhouse gas reduction objectives, support sustainable land use patterns, strengthen communities, and facilitate affordable housing opportunities throughout the state. The bill would require the committee to administer the portion of AHSC Program funding called the AHSC Housing Allocation, with a focus on infill housing projects, as specified.
The bill would make conforming changes to provisions relating to the council and the AHSC Program to account for the council’s administration of the AHSC Sustainable Communities Allocation and the committee’s administration of the AHSC Housing Allocation. Existing law requires the council to develop guidelines and selection criteria for the implementation of the AHSC Program. Existing law requires, before the adoption of the guidelines and the selection criteria, the council to conduct at least public workshops to receive and consider public comments, as provided.
Existing law authorizes the council to include in a notice of funding availability, guidelines or criteria for the award of funds to projects that provide home ownership opportunities for low-income individuals. Existing law requires the council, in awarding funds under the AHSC Program, to provide additional points or preference to jurisdictions that have adopted a housing element that meets certain conditions.
This bill would instead require the council to develop guidelines and selection criteria for the implementation of the AHSC Sustainable Communities Allocation and the committee to develop guidelines and selection criteria for the implementation of the AHSC Housing Allocation. The bill would also require the council and committee, before adoption of their respective guidelines and selection criteria, to conduct public outreach statewide instead of public workshops.
For notices of funding availability within the AHSC Housing Allocation released on or after July 1, 2026, the bill would authorize the committee to include guidelines or criteria for the award of funds to projects that provide home ownership opportunities for low-income individuals. The bill would also require the committee, in awarding funds under the AHSC Program, to provide additional points or preference to jurisdictions that have adopted a housing element that meets certain conditions, as specified.
The bill would require the council and the committee to jointly report the progress on the implementation of the AHSC Program, as specified. Existing law prescribes the projects eligible for funding pursuant to the AHSC Program, including, among other projects, housing projects that support infill and compact development and transit projects and programs supporting transit ridership. Existing law requires the council to review and coordinate the activities of member agencies of the council for the AHSC Program, as provided.
This bill would, for notices of funding availability released on or after July 1, 2026, instead prescribe the projects eligible for funding under the AHSC Sustainable Communities Allocation and the projects eligible for funding under the AHSC Housing Allocation, as specified. The bill would repeal the requirement for the council to review and coordinate the activities of member agencies of the council for the AHSC Program.
Existing law requires the Department of Housing and Community Development to perform certain actions relating to loans issued pursuant to the AHSC Program, including, but not limited to, requiring the deposit of all moneys received by the department in repayment of loans made pursuant to the AHSC Program into the Housing Rehabilitation Loan Fund. This bill would require the committee, instead of the department, to perform those actions for the AHSC Housing Allocation.
(12) Existing law establishes the Joe Serna, Jr. Farmworker Housing Grant Program, which requires, subject to the availability of funds, various types of loans and grants to be made for construction, rehabilitation, or development of housing for lower income agricultural employees and their families, as specified. Existing law establishes the Joe Serna, Jr. Farmworker Housing Grant Fund and continuously appropriates the moneys in that fund to the department for purposes of the program, as specified.
Among other things, the program authorizes the Department of Housing and Community Development to adopt criteria determining the number of units in a project to which the restrictions on occupancy contained in the agreement apply, but limits that authority to specified circumstances. This bill would remove that limitation.
Existing law deems households eligible for a grant under the program if the household is deemed eligible by the United States Department of Agriculture under a certain federal program on the basis of the household’s ratio of housing costs to household income, notwithstanding a specified calculation by the Department of Housing and Community Development. This bill would, instead, provide that households are eligible for a grant under the program if they are deemed eligible by the United States Department of Agriculture under that certain federal program.
By expanding the pool of households eligible for grants under the program, the bill would make an appropriation.
(13) Existing law establishes the Multifamily Housing Program, pursuant to which the Department of Housing and Community Development provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development of specified types of housing projects. In the case of rehabilitation projects, to be eligible to receive a loan, the program requires the loan to be necessary to avoid increases in monthly debt service that would have specified effects.
This bill would, instead, provide that in case of rehabilitation projects, the department shall prioritize loans that extend affordability and reduce displacement risk for lower income households. The bill would also make technical changes and would include a statement of legislative intent.
(14) The State Housing Law (SHL) generally regulates buildings used for human habitation and prescribes requirements for the protection of the public health, safety, and general welfare of occupants of buildings.
Among other things, the SHL requires the occupants of the affordable units within a mixed-income multifamily structure to have the same access to the common entrances to, and the common areas and amenities of, the structure as the occupants of the market-rate housing units, and prohibits the structure from isolating the affordable housing units within that structure to a specific floor or an area of a specific floor. The SHL defines various terms for these purposes.
This bill would provide that, for a development that includes both a residential care facility for the elderly licensed pursuant to specified law and units that are not age restricted, the provisions described above only apply to the nonage-restricted housing units and do not apply to the age-restricted units, as specified.
(15) Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every years, and supplements as necessary in the intervening period.
Existing law limits the changes the commission is authorized to adopt during the intervening period to certain categories, including, among others, building standards necessary to incorporate updates to accessibility requirements that align with minimum federal accessibility laws, standards, and regulations. This bill would expand those categories to include changes or modifications made to building codes relating to certain health facilities.
(16) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
(17) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. MAJORITY YES YES NO YES NO NO NO NO NO YES The people of the State of California do enact as follows:
SECTION
Section 8869.84 of the Government Code is amended to read: 8869.84. (
a) The committee shall, as soon as is practicable after the start of each calendar year, determine and announce the state ceiling for the calendar year. (b)
(1) The entire state ceiling for each calendar year is hereby allocated to the committee to further allocate to state and local agencies as provided in this chapter. (2) (A) (
i) Subject to clause (ii), beginning on January 1, 2027, and until January 1, 2037, the committee shall dedicate a minimum of percent of the entire state ceiling to be used for qualified residential rental projects. (ii) Upon unanimous approval of the committee, the amount described in clause (
i) may be reduced to no less than percent for a one-year period. (
B) If there is insufficient demand for qualified residential rental projects during a calendar year, the committee may, for the final funding round in that calendar year, reallocate a portion of unused private activity bonds described in subparagraph (
A) to address demand for other statewide priorities and to ensure utilization of the state ceiling in conformity with federal law. (
C) The Legislature finds and declares that the establishment of a minimum floor of bond capacity for housing pursuant to this paragraph reflects the statewide priority to promote the development and preservation of affordable housing and to provide certainty in long-term planning and investment. This certainty is necessary to enable developers and financing entities to leverage federal resources and deliver projects efficiently. (3) (A) (
i) Beginning January 1, 2027, the committee shall reserve at least one-half of the amount dedicated pursuant to subparagraph (
A) of paragraph (2) to qualified residential rental projects, as defined in the Internal Revenue Code, awarded funding by the Housing Development and Finance Committee. (ii) The reservation described in clause (
i) shall remain in effect until July 1, 2029, unless reauthorized by the Legislature. (iii) If the reservation described in clause (
i) is not reauthorized by the Legislature, the committee shall reserve at least percent of the amount dedicated pursuant to subparagraph (
A) of paragraph (2) for qualified residential rental projects, as defined by
Section 142(
d) of the Internal Revenue Code, that are awarded funding by the Housing Development and Finance Committee. (iv) Notwithstanding clause (iii), if the annual demand survey described in
Section of the Health and Safety Code demonstrates demand exceeding the reservation required by clause (iii), the reservation shall automatically increase, up to percent of the amount dedicated pursuant to subparagraph (
A) of paragraph (2), to meet the demonstrated demand. (B) (
i) With respect to the reserve described in subparagraph (A), the Housing Development and Finance Committee shall, upon approving an application for a multifamily affordable housing program award that has also requested a qualified residential rental project bond allocation, identify the issuer and transmit the application to the California Debt Limit Allocation Committee and, when applicable, to the California Tax Credit Allocation Committee. (ii) Following the application transmittal, the California Debt Limit Allocation Committee, and, when applicable, the California Tax Credit Allocation Committee, shall make a ministerial allocation of private activity bonds for the project, provided the project meets applicable federal threshold requirements. (
C) Notwithstanding subparagraph (B), until November 1, 2027, for projects that have received a multifamily affordable housing program award prior to January 1, 2027, and that are not seeking any additional state subsidy, the issuer shall apply directly to the California Debt Limit Allocation Committee, and, when applicable, to the California Tax Credit Allocation Committee, for an allocation from the reserve described in subparagraph (A).
The California Debt Limit Allocation Committee shall notify the Housing Development and Finance Committee of the recommended allocation awards for approval, and the California Debt Limit Allocation Committee shall make an allocation of private activity bonds from the reserve described in subparagraph (
A) for projects approved by the Housing Development and Finance Executive Committee provided the project meets applicable federal threshold requirements for bonds. (D) (
i) For the calendar year, any unused portion of the reserve described in subparagraph (
A) not allocated by November of the calendar year may be reallocated by the California Debt Limit Allocation Committee for other purposes consistent with federal law. (ii) For the calendar year, and every year thereafter, any unused portion of the reserve described in subparagraph (
A) not allocated by September of the calendar year or any portion determined to be unused by the Housing Development and Finance Executive Committee pursuant to subdivision (
d) of
Section of the Health and Safety Code may be reallocated by the California Debt Limit Allocation Committee for other purposes consistent with federal law. (
c) The committee shall prepare application forms and announce procedures for receipt and review of applications from state and local agencies desiring to issue private activity bonds. (
d) The committee may at any time, before or after granting any allocations in any calendar year to any state agencies or local agencies, announce priorities or reservations of any part of the state ceiling not theretofore allocated either for certain categories of bonds or categories of issuers. (
e) The committee may require any issuer making an application to the committee or MBTCAC for allocation of a portion of the state ceiling to make a deposit, as determined by the committee, of up to percent of the portion requested. If an allocation is not given, the deposit shall be returned. If an allocation is given, the deposit shall be kept, in proportion to the amount of allocation given, until bonds are issued.
Upon that issuance, the deposit shall be returned to the issuer in an amount equal to the product of (1) the amount of the deposit retained times (2) the ratio between the amount of bonds issued divided by the amount of allocation granted. If no bonds are issued prior to the expiration of the allocation, the deposit shall be kept. However, in cases where only a portion or none of the bonds are issued, the committee may return all or part of the deposit if it determines there is good cause to do so. Any portion of a deposit kept shall be deposited in the fund. (
f) The committee may transfer part of the state ceiling to the MBTCAC, to be used for qualified mortgage bonds and exempt facility bonds or for qualified residential rental projects, as those terms are used in the Internal Revenue Code, together referred to as “housing bonds,” with directions and conditions pursuant to which MBTCAC may allocate those amounts to issuers of housing bonds at both the state and local levels. In carrying out these functions, MBTCAC shall act solely as directed or authorized by the committee.
If the committee makes the transfer to MBTCAC authorized by this subdivision, the references in Sections 8869.85, 8869.86, 8869.87, and 8869.88 to the “committee” shall, for purposes of any housing bonds, be deemed to mean MBTCAC. (g)
(1) The committee may establish the Extra Credit Teacher Home Purchase Program to provide federal mortgage credit certificates and reduced interest rate loans funded by mortgage revenue bonds to eligible teachers, principals, vice principals, assistant principals, and classified employees who agree to teach or provide administration or service in a high priority school. Priority for assistance shall be given to eligible teachers, principals, vice principals, and assistant principals.
(2) For purposes of this program, the following
definitions shall apply: (A) “High priority school” means a state K–12 public school that is ranked in the bottom half of the Academic Performance Index developed pursuant to subdivision (
a) of
Section of the Education Code. However, priority shall be given to schools that are ranked in the lowest three deciles. (B) “Classified employee” means an employee of a school district, employed in a position not requiring certification qualifications.
(3) The committee may make reservations of a portion of future calendar year state ceiling limits for up to five future calendar years for that program. The committee may also make future allocations of the state ceiling for up to five years for any issuer under that program. Any future allocation made by the committee shall constitute an allocation of the state ceiling for a future year specified by the committee and shall be deemed to have been made on the first day of the future year so specified.
The committee may condition allocations under the Extra Credit Teacher Home Purchase Program on any terms and conditions that the committee deems necessary or appropriate, including, but not limited to, the execution of a contract between the teacher, principal, vice principal, assistant principal, or classified employee and the issuer whereby the teacher, principal, vice principal, assistant principal, or classified employee agrees to comply with the terms and conditions of the program.
The contract may include, among other things, an agreement by the teacher, principal, vice principal, assistant principal, or classified employee to teach or provide administration or service in a high priority school for a minimum number of years, and provisions for enforcing the contract that the committee deems necessary or appropriate.
(4) If a teacher, principal, vice principal, assistant principal, or classified employee does not fulfill the requirements of a contract entered into pursuant to paragraph (3), the issuer of the mortgage credit certificate or mortgage revenue bond may recover as an assessment from the teacher, principal, vice principal, assistant principal, or classified employee a monetary amount equal to the lesser of (
A) one-half of the teacher’s, principal’s, vice principal’s, assistant principal’s, or classified employee’s net proceeds from the sale of the related residence or (
B) the amount of monetary benefit conferred on the teacher, principal, vice principal, assistant principal, or classified employee as a result of the federal mortgage credit certificate or reduced interest rate loan funded by a mortgage revenue bond, offset by the amount of any federal recapture, as defined by
Section 143(
m) of the Internal Revenue Code. The assessment may be secured by a lien against the residence, which shall decline in amount over the term of the contract as the teacher, principal, vice principal, assistant principal, or classified employee fulfills the term of the contract, and which shall be collected at the time of sale of the residence. Any assessment collected pursuant to this paragraph shall be used for the issuer’s costs in administering the Extra Credit Teacher Home Purchase Program. The issuers shall report annually to the committee the total amount of any assessments collected pursuant to this paragraph and how those assessments were used by the issuer.
(5) If the committee establishes the Extra Credit Teacher Home Purchase Program pursuant to this subdivision, the committee shall report annually to the Legislature the results of the program, including all of the following: (
A) The amount of state ceiling limits allocated to or reserved for the program. (
B) The agencies to which state ceiling limits were issued. (
C) The number of loans or mortgage credit certificates issued to teachers, principals, vice principals, assistant principals, and classified employees. (
D) The schools or school districts at which recipients of assistance are employed, aggregated by decile in which the schools rank on the Academic Performance Index and by the percentage of uncredentialed teachers employed at the schools.
(6) The committee shall not make any reservations of future calendar year state ceiling limits or future allocations of the state ceiling pursuant to this subdivision on or after January 1, 2004, unless a later enacted statute, that is enacted before January 1, 2004, deletes or extends that date. However, reservations and allocations made prior to that date shall remain valid.
SEC. 2.
Section of the Health and Safety Code is amended to read: 17929. (a)
(1) For a mixed-income multifamily structure, both of the following shall apply: (
A) The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common entrances to that structure as the occupants of the market-rate housing units. (
B) The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common areas and amenities of that structure as the occupants of the market-rate housing units.
(2) A mixed-income multifamily structure shall not isolate the affordable housing units within that structure to a specific floor or an area on a specific floor. (
b) For purposes of this section: (1) “Affordable housing unit” means any residential dwelling unit that is restricted by deed or other recorded document as affordable housing for persons and families of low or moderate income, as that term is defined in
Section 50093. (2) “Common entrance” means any area used by the occupants of a mixed-income multifamily structure for ingress to or egress from that structure. (3) “Market-rate housing unit” means any residential dwelling unit that is not an affordable housing unit or a unit occupied by on-site property management staff. (4) “Mixed-income multifamily structure” means any residential structure with five or more residential dwelling units that includes both affordable housing units and market-rate housing units. (
c) For a development that includes both a residential care facility for the elderly licensed pursuant to the California Residential Care Facilities for the Elderly Act (Chapter 3.2 (commencing with
Section 1569) of Division 2) and units that are not age restricted, including, but not limited to, a development that utilizes density bonuses, incentives, concessions, waivers of development standards and parking reductions pursuant to
Section of the Government Code, this
section only applies to nonage-restricted housing units and does not apply to the age-restricted units. (
d) This
section is declaratory of existing law. Nothing in this
section shall be construed to limit the application of existing law, including, but not limited to,
Article 2 (commencing with
Section 12955) of
Chapter of
Part 2.8 of Division of Title of the Government Code,
Section of the Government Code, or Subchapter 7 (commencing with
Section 12005) of
Chapter of Division 4.1 of Title of the California Code of Regulations.
SEC. 3.
Section of the Health and Safety Code is amended to read: 18942. (a)
(1) The commission shall publish, or cause to be published, editions of the code in its entirety once every three years. In the intervening period the commission shall publish, or cause to be published, supplements as necessary. For emergency building standards defined in subdivision (
a) of
Section 18913, an emergency building standards supplement shall be published whenever the commission determines it is necessary.
(2) Changes adopted during the intervening period described in paragraph (1) shall be limited to only the following: (
A) Technical updates to existing code requirements only to the extent necessary to effectuate support or facilitate the incorporation or implementation of those existing code requirements. The updates shall be limited to clarifying, conforming, or coordinating changes that do not materially alter the substance or intent of the existing code provisions. (
B) Emergency building standards. (
C) Amendments by the State Fire Marshal to building standards within the California Wildland-Urban Interface Code (Part of Title of the California Code of Regulations). (
D) The building standards are necessary to incorporate errata or emergency updates to the national model codes specified in
Section 18916, along with any necessary and related state amendments supporting or facilitating the incorporation of errata or emergency updates to the model codes. (
E) Changes or modifications made pursuant to paragraph (6) of subdivision (
b) of
Section 17958, paragraph (6) of subdivision (
c) of
Section 17958.5, or paragraph (6) of subdivision (
c) of
Section 17958.7. (
F) Building standards necessary to incorporate updates to accessibility requirements that align with minimum federal accessibility laws, standards, and regulations. (
G) Changes or modifications made to building codes relating to facilities described in
Section 1200, subdivision (
b) of
Section 1226, and subdivisions (
a) to (c), inclusive, of
Section 1250. (
b) The commission shall publish the text of
Article 2.5 (commencing with
Section 115920) of
Chapter of Part of Division 104, within the requirements for single-family residential occupancies contained in
Part 2.5 of Title of the California Code of Regulations, with the following note: “NOTE: These regulations are subject to local government modification. You should verify the applicable local government requirements at the time of application for a building permit.” (
c) The commission shall publish the text of
Section 116064.2 within Part of Title of the California Code of Regulations. (
d) The commission may publish, stockpile, and sell at a reasonable price the code and materials incorporated therein by reference if it deems the latter is insufficiently available to the public, or unavailable at a reasonable price. Each state department concerned and each city, county, or city and county shall have an up-to-date copy of the code available for public inspection. (e)
(1) Each city, county, and city and county, including charter cities, shall obtain and maintain with all revisions on a current basis, at least one copy of the building standards and other state regulations relating to buildings published in Titles 8, 19, 20, 24, and of the California Code of Regulations. These codes shall be maintained in the office of the building official responsible for the administration and enforcement of this part.
(2) This subdivision shall not apply to a city or county that contracts for the administration and enforcement of the provisions of this part with another local government agency that complies with this section.
SEC. 4.
Chapter 3.1 (commencing with
Section 50160) is added to Part of Division of the Health and Safety Code , to read: 3.1. Local Impact Fees on Affordable Housing Projects 50160. (
a) The Legislature finds and declares as follows:
(1) It is the intent of the Legislature to maximize the production of affordable housing by promoting the efficient use of state financial assistance for new construction administered by entities within the California Housing and Homelessness Agency, and to promote policies that encourage local partnerships, actions, and policies that reduce affordable housing development costs.
(2) It is further the intent of the Legislature to encourage cities, counties, and cities and counties to waive or reduce development impact fees on state-funded affordable housing projects in order to maximize the impact and efficiency of state affordable housing investments.
(3) In this section, it is the intent of the Legislature to focus exclusively on development impact fees or charges imposed by cities, counties, or cities and counties, and not include any fees or charges assessed, imposed, collected, or administered by, or on behalf of, school or community college district, special districts, utilities, or other governmental entities, regardless of whether the authority for such fees derives from a resolution or ordinance of a city, county, or city and county. (b)
(1) Subject to paragraph (2), for purposes of this section, “quantifiable in-kind local contribution” means a financial or in-kind commitment by a city, county, or city and county, including, but not limited to, a waiver, reduction, exemption, or deferral of any of the following development impact fees for a development project by the city, county, or city and county: (
A) A fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with
Section 66000),
Chapter 6 (commencing with
Section 66010),
Chapter 8 (commencing with
Section 66016), and
Chapter 9 (commencing with
Section 66020) of Division of Title of the Government Code). (
B) In-lieu fees for affordability requirements. (
C) A construction excise tax. (
D) In-lieu fees for a requirement that the housing development project provide public art. (
E) In-lieu fees for dedications of parkland imposed pursuant to
Section of the Government Code.
(2) For purposes of this section, “quantifiable in-kind local contribution” does not include any of the following: (
A) A tax, special tax, or other charge imposed by an entity other than a city, county, or city and county. (
B) A fee exempted for a project pursuant to
Section of the Government Code. (
C) A utility fee or charge described or imposed under
Chapter of the Mitigation Fee Act (commencing with
Section 66012) of Division of Title of the Government Code. (c)
(1) To the extent feasible, a state entity within the California Housing and Homelessness Agency, including, but not limited to, the Housing Development and Finance Committee, the Department of Housing and Community Development, and the California Housing Finance Agency, shall consider quantifiable in-kind local contributions when awarding competitive multifamily affordable housing funding for new construction projects.
(2) For purposes of paragraph (1), a quantifiable in-kind local contribution shall be considered an enforceable funding commitment.
(3) When complying with paragraph (1), the state entity shall determine the relative weight assigned to a quantifiable in-kind local contribution in scoring or evaluation applications to encourage cities, counties, and cities and counties to reduce, limit, or defer local development impact fees on state-funded affordable housing projects.
(4) Prioritization for funding administered pursuant to
Section 50675.1.3 shall be granted to projects that waive or reduce impact fees as described in paragraph (1) of subdivision (b). (
d) This
section shall apply to any notice of funding opportunity issued after July 1, 2027. 50161. (a)
(1) Subject to paragraph (2), for purposes of this section, “development impact fee” means any of the following assessed, imposed, or controlled by a city, county, or city and county: (
A) A fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with
Section 66000),
Chapter 6 (commencing with
Section 66010),
Chapter 8 (commencing with
Section 66016), and
Chapter 9 (commencing with
Section 66020) of Division of Title of the Government Code). (
B) In-lieu fees for affordability requirements. (
C) A construction excise tax. (
D) In-lieu fees for a requirement that the housing development project provide public art. (
E) In-lieu fees for dedications of parkland imposed pursuant to
Section of the Government Code.
(2) For purposes of this section, “development impact fee” does not include either of the following: (
A) A fee or charge assessed, imposed, collected, or administered by or on behalf of a school or community college district, special district, utility or other governmental entity other than a city, county, or city and county, regardless of whether the authority for such fee derives from a resolution or ordinance of a city, county, or city and county. (
B) Any fees or charges described in
Chapter of the Mitigation Fee Act (commencing with
Section 66012) of Division of Title of the Government Code. (b)
(1) Subject to paragraph (2), if a city, county, or city and county is a lead applicant for a project in an affordable multifamily rental or ownership housing development program administered by a state entity within the California Housing and Homelessness Agency, including, but not limited to, the Housing Development and Finance Committee, the Department of Housing and Community Development, and the California Housing Finance Agency, and has not committed to waiving any development impact fee it would otherwise impose on the project, the awarding agency shall reduce the total award amount by the amount of development impact fees that the city, county, or city and county will impose on the project. (2) Paragraph (1) only applies to project-specific affordable multifamily rental or ownership housing development funding awards and does not apply to formula-based allocations or block grant allocations to a city, county, or city and county. (3) Paragraph (1) does not apply to funding administered pursuant to
Section 50675.1.3. As a condition of receiving funding pursuant to that section, any local government serving as an applicant or coapplicant shall report to the department at the time of assessment whether the local government has assessed impact fees on the project and, if so, the total amount of those fees. The department shall collect this information for purposes of evaluating compliance with
Section 66016.5 of the Government Code where applicable and the effect of locally imposed impact fees on state-funded housing projects. (
c) This
section shall apply to any notice of funding opportunity issued after July 1, 2027.
SEC. 5.
Section of the Health and Safety Code is amended to read: 50220. (
a) Timelines for round of the program shall be as follows:
(1) No later than February 15, 2020, each applicant shall submit to the agency its program allocation application.
(2) No later than April 1, 2020, the agency shall make award determinations for the program allocations based on the point-in-time count numbers.
(3) If, after the first round of awards pursuant to this section, not all funds have been awarded by the agency, the agency shall set aside any remaining funds for a second round of awards. (4) (A) (
i) On or before May 31, 2023, a recipient shall contractually obligate not less than percent of round program allocations. (ii) Recipients that are counties shall contractually obligate the full allocation awarded to them by the agency at this time. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that serves the county. (
B) If less than percent is obligated after May 31, 2023, recipients that are continuums of care and cities shall not expend any remaining portion of the percent of round program allocations required to have been obligated pursuant to subparagraph (
A) unless and until both of the following occur: (
i) On or before June 30, 2023, the recipient submits an alternative disbursement plan that includes an explanation for the delay. (ii) The agency approves the alternative disbursement plan. (
C) On or before December 31, 2023, recipients that are continuums of care and cities shall return to the agency any funds that have not been expended pursuant to an alternative disbursement plan approved pursuant to subparagraph (
B) for a subsequent round of awards by the agency. (
b) The agency may request additional information, as needed, to meet other applicable reporting or audit requirements. (
c) In addition to requirements in
Section 50221, the agency may monitor the expenditures and activities of an applicant, as the agency deems necessary, to ensure compliance with round program requirements. (
d) The agency may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with round program requirements. (
e) Any remaining amounts of round program allocation funds not expended by June 30, 2025, shall be returned to the department for reallocation in accordance with subdivision (
i) of
Section 50239.
SEC.
Section 50220.5 of the Health and Safety Code is amended to read: 50220.5. (
a) To receive a round program allocation, an applicant shall submit an application according to a calendar established by the council consistent with the following requirements:
(1) The council shall make an application for round program allocations available no later than November 30, 2020.
(2) Applications shall be due to the council no later than days from the date the council makes those applications available pursuant to paragraph (1).
(3) Within days of receiving an application pursuant to paragraph (2), the council 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 council 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 council to better monitor and evaluate the applicant’s ability to meet objective performance standards in accordance with Sections and 50222.
(4) An applicant whose application has been returned pursuant to paragraph (3) shall respond to the council’s requested amendments and submit a revised application within days. Where the revised application differs from the council’s requests, the applicant shall include an explanation of the differences and the rationale for departing from the council’s requested amendments.
(5) The council shall have days within which to approve the application, as amended, to address the council’s concerns. (
b) An application submitted pursuant to this
section shall provide the following information, in the form and manner prescribed by the council:
(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 council may request additional documentation and information from the applicant with respect to round program allocations consistent with the requirements of subdivision (b). (
d) Except as provided in subdivisions (
e) and (f), a recipient of a round 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 percent of an applicant’s round 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 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 percent of a round 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 program allocation shall comply with Housing First as provided in
Chapter 6.5 (commencing with
Section 8255) of Division of the Welfare and Institutions Code. (
h) Notwithstanding
Section 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 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 council shall post submitted final round program applications to its internet website within days of disbursal to the applicant. (k) (1) (
A) On or before May 31, 2023, a recipient shall contractually obligate not less than percent of round program allocations. (
B) Recipients that are counties shall contractually obligate the full round program allocation awarded to them by the council 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 percent is obligated after May 31, 2023, recipients that are continuums of care and cities shall not expend any remaining portion of the percent of round 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 council approves the alternative disbursement plan.
(3) On or before December 31, 2023, recipients that are continuums of care and cities shall return to the council 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 council. (
l) The council may request additional information, as needed, to meet other applicable reporting or audit requirements. (
m) In addition to requirements in
Section 50222, the council may monitor the expenditures and activities of an applicant, as the council deems necessary, to ensure compliance with round program requirements. (
n) The council may, as it deems appropriate or necessary, request the repayment of round 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 program allocation funds not expended by June 30, 2026, shall be returned to the department for reallocation in accordance with subdivision (
i) of
Section 50239.
SEC.
Section 50220.7 of the Health and Safety Code is amended to read: 50220.7. (a)
(1) No later than September 15, 2021, the council shall issue a standard agreement for applicants to apply for round program funds, which shall include, at minimum, a requirement for applicants to submit an application that includes a local homelessness action plan and specific system performance measures based on the Homeless Management Information System performance measures as described in subdivision (b).
(2) A standard agreement from an applicant shall be due to the council no later than days from the date the council 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 council may distribute that applicant’s share of round program funds to an eligible overlapping jurisdiction, as determined by the council. (4) (A) (
i) Upon receipt of a standard agreement, and except as otherwise provided in clause (ii), the council shall allocate 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 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 program allocation, an applicant shall submit an application to the council by June 30, 2022, that includes a local homelessness action plan and specific system performance measures in accordance with the following requirements:
(1) The applicant shall engage with the council on its local plan and system performance measures 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 system performance measures 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 council.
(3) A complete application submitted pursuant to this
section shall provide the following information, in the form and manner prescribed by the council: (
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 system performance measures pursuant to subparagraph (C). (C) (
i) Applicants shall establish system performance measures 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 calendar year data in the Homeless Data Integration System. The system performance measures shall include: (
I) The number of people experiencing homelessness who are accessing services. (II) The number of people experiencing unsheltered homelessness on a single night. (III) The number of people experiencing homelessness who are accessing services for the first time in the past two years. (IV) The number of people exiting homelessness into permanent housing. (
V) The average length of time that people experienced homelessness while accessing services. (VI) The percentage of people who return to homelessness within months of exiting the homelessness response system to permanent housing. (VII) The number of people with successful placements into shelter, interim, or permanent housing from street outreach. (ii) For each of the system performance measures set forth in clause (i), applicants shall also track demographic data with respect to age, gender, race, and ethnicity. (iii) The council shall assess system performance measures in the application based on the information provided in the local homeless action plan and the applicant’s baseline data on the system performance measures described in this subparagraph and determine whether the system performance measures adequately further the objectives of reducing and preventing homelessness pursuant to this subparagraph. (iv) Initial system performance measures should be met no later than June 30, 2024, and system performance measures shall be updated regularly, as funding continues. (
c) The council may request additional documentation and information from the applicant during consultation consistent with respect to round program allocations consistent with the requirements of subdivision (b). (d)
(1) Within days of receiving the final applications pursuant to subdivision (b), the council 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 council can ensure fidelity with the applicant’s proposed use of funds and agreed upon system performance measures. (
B) Modifications or provision of additional information on the applicant’s proposed funding plan to ensure alignment with the applicant’s stated system performance measures and with evidence-based solutions to reduce homelessness. (
C) Any other modifications or provision of information that would allow the council 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 council’s requested amendments and submit a revised application within days of receipt of the council’s detailed comments and request for specific amendments. If the revised application differs from the council’s requests, the applicant shall include an explanation of the differences and the rationale for departing from the council’s requested amendments.
(3) The council shall have days to approve a revised application if, as amended, it addresses the council’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 council’s concerns. (
e) Except as provided in subdivision (f), a recipient of a round 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 funds must be low barrier, comply with Housing First as provided in
Chapter 6.5 (commencing with
Section 8255) of Division 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 percent of a round 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 program allocation shall comply with Housing First as provided in
Chapter 6.5 (commencing with
Section 8255) of Division of the Welfare and Institutions Code. (
h) Notwithstanding
Section 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 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 council and recipients shall post final round program applications to their respective internet websites within days of disbursal to the applicant. (k) (1) (
A) Except as otherwise provided in subparagraph (B), a recipient shall contractually obligate not less than percent of round program allocations no later than May 31, 2024. (
B) Recipients that are counties shall contractually obligate the full amount of round program allocation awarded to them by the council 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 percent is obligated after May 31, 2024, recipients that are continuums of care and cities shall not expend any remaining portion of the percent of round 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 council 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 council any funds that have not been expended pursuant to an alternative disbursement plan approved pursuant to subparagraph (
B) of paragraph (2), and those funds shall be reallocated pursuant to subdivision (
i) of
Section 50239. ( l )
(1) No later than June 30, 2024, recipients shall demonstrate whether they have successfully met their system performance measures pursuant to subparagraph (
C) of paragraph (3) of subdivision (b).
(2) Jurisdictions that have not met their system performance measures shall accept technical assistance from council staff. In addition, jurisdictions that have not met their system performance measures may also be required to limit the allowable uses of these program funds, as determined by the council. (
m) The council 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 council may monitor the expenditures and programmatic activities of an applicant, as the council deems necessary, to ensure compliance with round program requirements and adequate progress towards meeting system performance measures. (
o) The council may, as it deems appropriate or necessary, request the repayment of round 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 program allocation funds not expended by June 30, 2026, shall be returned to the department for reallocation in accordance with subdivision (
i) of
Section 50239.
SEC.
Section 50220.8 of the Health and Safety Code is amended to read: 50220.8. (a)
(1) The council shall make an application for round program allocations available no later than September 30, 2022.
(2) Applications shall be due to the council no later than days from the date the council makes those applications available pursuant to paragraph (1).
(3) Within days of receiving an application pursuant to paragraph (2), the council 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 council can ensure fidelity with the applicant’s proposed use of funds and stated system performance measures. (
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 council 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 council’s requested amendments and submit a revised application within days. Where the revised application differs from the council’s requests, the applicant shall include an explanation of the differences and the rationale for departing from the council’s requested amendments.
(5) The council shall have days within which to approve the application if, as amended, it addressed the council’s concerns or to provide the grantee with additional guidance and a deadline for further amending to fully address the council’s concerns. (
b) To receive a round program allocation, an applicant shall submit an application to the council. A complete application submitted pursuant to this
section shall provide the following information, in the form and manner prescribed by the council:
(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 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 system performance measures 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 system performance measures specified in its application for a round program allocation pursuant to subparagraph (
C) of paragraph (3) of subdivision (
b) of
Section 50220.7. The system performance measures shall include: (
i) The number of people experiencing homelessness who are accessing services. (ii) The number of people experiencing unsheltered homelessness on a single night. (iii) The number of people experiencing homelessness who are accessing services for the first time in the past two years. (iv) The number of people exiting homelessness into permanent housing. (
v) The average length of time that people experienced homelessness while accessing services. (vi) The percentage of people who return to homelessness within months of exiting the homelessness response system to permanent housing. (vii) The number of people with successful placements into shelter, interim, or permanent housing from street outreach. (
B) For each of the system performance measures set forth in subparagraph (
A) applicants shall also track demographic data with respect to age, gender, race, and ethnicity. (
C) Each applicant shall determine its system performance measures that build upon prior year system performance measures in consultation with the council, and shall not submit its final system performance measures before consulting with the council. (
D) The council shall assess system performance measures in the application based on the information provided in the local homeless action plan and the applicant’s baseline data on the system performance measures described in this paragraph and determine whether the system performance measures adequately further the objectives of reducing and preventing homelessness pursuant to this paragraph, and may request additional documentation, information, or revisions to the system performance measures.
(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 system performance measures 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 council. (
c) The council may request additional documentation and information from the applicant during consultation consistent with respect to round program allocations consistent with the requirements of subdivision (b). (d)
(1) Within days of receiving the final applications pursuant to subdivision (b), the council shall either approve the application and issue the notice of award to disburse 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 council can ensure fidelity with the applicant’s proposed use of funds and agreed upon system performance measures. (
B) Modifications or provision of additional information on the applicant’s proposed funding plan to ensure alignment with the applicant’s stated system performance measures and with evidence-based solutions to reduce homelessness. (
C) Any other modifications or provision of information that would allow the council 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 council shall disburse 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 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 funds must be low-barrier, comply with Housing First as provided in
Chapter 6.5 (commencing with
Section 8255) of Division 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 percent of a round 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 program allocation shall comply with Housing First as provided in
Chapter 6.5 (commencing with
Section 8255) of Division of the Welfare and Institutions Code. (
h) Notwithstanding
Section 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 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 council and recipients shall post final round program applications to their respective internet websites within days of disbursal to the applicant. (k)
(1) A recipient shall contractually obligate not less than percent, and shall expend not less than percent, of the initial round 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 program allocation pursuant to paragraph (1), and remains on track to meet its system performance measures, as determined by the council pursuant to
Section 50223, the council shall disburse to that recipient the remaining percent of its total allocation pursuant to subdivision (
a) of
Section 50218.7.
(3) If less than percent of a recipient’s round program allocation made pursuant to paragraph (2) of subdivision (
d) is obligated, or less than percent of that amount is expended, after May 31, 2025, the recipient shall not contractually obligate or expend any remaining portion of its round program allocations, and the council shall not allocate to the recipient the remaining 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 council approves the alternative disbursement plan submitted pursuant to subparagraph (A).
(4) On or before December 31, 2026, a recipient shall return to the council any funds that have not been expended pursuant to an alternative disbursement plan approved pursuant to subparagraph (
B) of paragraph (3), to be reallocated for distribution pursuant to subdivision (
i) of
Section 50239. (
l) No later than June 30, 2025, recipients shall demonstrate whether they have successfully met their system performance measures pursuant to paragraph (2) of subdivision (b). (
m) The council 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 council may monitor the expenditures and programmatic activities of an applicant, as the council deems necessary, to ensure compliance with round program requirements and adequate progress towards meeting system performance measures. (
o) The council may, as it deems appropriate or necessary, request the repayment of round 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 program allocation funds not expended by June 30, 2027, shall be returned to the department for reallocation in accordance with subdivision (
i) of
Section 50239. (
q) The amendments made to this
section by the act adding this subdivision shall become operative on July 1, 2023.
SEC. 9.
Section of the Health and Safety Code is amended to read: 50223. (
a) In addition to the data required under Sections 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 system performance measures, which shall be submitted annually on April of each year reporting through December of the prior year for the duration of the program. (
B) If the applicant has not made significant progress toward their system performance measures, the applicant shall submit a description of barriers and possible solutions to those barriers. (
C) Applicants that do not demonstrate significant progress towards meeting system performance measures 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) Up to a monthly, but no less than a quarterly, fiscal report of program funds expended and obligated in each allowable budget category approved in their application for program funds. (
b) No later than April 1, 2027, each recipient that receives a round 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 April 1, 2028, each recipient that receives a round 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) No later than April 1, 2029, each recipient that receives a round 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. (
e) No later than April 1, 2030, each recipient that receives a round 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. (
f) No later than April 1, 2034, each recipient that receives a round 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. (
g) The department shall post the information described in this
section on its internet website within days of its receipt of the information, and provide notice to the Senate Committee on Housing, Assembly Committee on Housing and Community Development, and the appropriate budget committees.
SEC. 10.
Section of the Health and Safety Code is amended to read: 50230. For purposes of this chapter: (a) “Agency” means the Business, Consumer Services, and Housing Agency. (b) “Applicant” has either of the following meanings:
(1) For purposes of
Article 1 (commencing with
Section 50232), “applicant” means a continuum of care, city, county, or a region for purposes of the regionally coordinated homelessness action plan requirements pursuant to
Article 1.
(2) For purposes of
Article 2 (commencing with
Section 50239), “applicant” means a continuum of care, city, county, or a region for purposes of the regionally coordinated homelessness action plan requirements pursuant to
Article 2. (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 in
Section 578.3 of Title of the Code of Federal Regulations. (e) “Coordinated Entry System” means a centralized or coordinated process developed pursuant to
Section 578.7 of Title 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) “Regionally coordinated homelessness action plan” means the regionally coordinated homelessness action plan described in
Section 50233. (g)
(1) Subject to paragraph (2), “council,” unless context requires otherwise, means the associated staff within the Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to
Section of the Welfare and Institutions Code.
(2) Unless context requires otherwise, “council,” with respect to the administration of this
chapter or
Chapter 6 (commencing with
Section 50216) on or after the effective date of the act adding this paragraph, means department. (h) “Department” means the Department of Housing and Community Development. (i) “Emergency shelter” has the same meaning as defined in subdivision (
e) of
Section 50801. (j) “Grantee” has either of the following meanings:
(1) For purposes of
Article 1 (commencing with
Section 50232), “grantee” means an eligible applicant that has received its initial round base allocation or total round base allocation, as applicable, pursuant to
Article 1 (commencing with
Section 50232).
(2) For purposes of
Article 2 (commencing with
Section 50239), “grantee” means an eligible applicant that has received its initial round base allocation or total round base allocation, as applicable, pursuant to
Article 2 (commencing with
Section 50239). (k) “Homeless” has the same meaning as defined in
Section 578.3 of Title of the Code of Federal Regulations, as that
section read on January 10, 2019. ( l ) “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 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 of Title of the Code of Federal Regulations. (m) “Homeless point-in-time count” means the most recently available point-in-time count data as reflected in the Annual Homeless Assessment Report released by the United States Department of Housing and Urban Development. (n) “Homeless youth” means an unaccompanied youth between and years of age who is experiencing homelessness, as defined in
Section 725(2) 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. (o) “Housing First” has the same meaning as in
Section of the Welfare and Institutions Code, including all of the core components listed therein. (p) “Jurisdiction” means a city, county, continuum of care, or tribe, as defined in this section. (q) “Memorandum of understanding” has the same meaning as defined in subdivision (
f) of
Section 50233. (r) “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. (s) “Program” has either of the following meanings:
(1) For purposes of
Article 1 (commencing with
Section 50232), unless context otherwise requires, “program” means round of the Homeless Housing, Assistance, and Prevention program, or round 5, established pursuant to
Article 1 (commencing with
Section 50232).
(2) For purposes of
Article 2 (commencing with
Section 50239), unless context otherwise requires, “program” means round of the Homeless Housing, Assistance, and Prevention program, or round 6, established pursuant to
Article 2 (commencing with
Section 50239). (t) (1) “Base program allocation” means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges pursuant to the allowable uses specified in
Section 50236. (2) “Homekey supplemental allocation” means the portion of program funds available to eligible jurisdictions as supplementary Homekey resources, as defined in
Section 50237. (u) “Recipient” means a jurisdiction that receives funds pursuant to this
chapter for the purposes of the program. (v)
(1) Except as set forth in paragraph (2), “region” means the geographic area served by a county, including all cities and continuum of care within it. A region that has a continuum of care that serves multiple counties may submit a plan that covers multiple counties and the cities within them or the continuum of care may participate in the regionally coordinated homelessness action plan of each individual county that is part of the continuum of care along with the cities within the county.
(2) All continuums of care within the County of Los Angeles shall be considered part of a single region, along with the county and big cities within the county. (w) “Round 6” means the 2024–25 fiscal year program allocation. (x) “Round 7” means the 2026–27 fiscal year program allocations, administered as additional disbursements of round in accordance with paragraph (2) of subdivision (
b) of
Section 50239. (y) “Small jurisdiction” means a city that is under 300,000 in population as of January 1, 2022, according to data published on the internet website of the Department of Finance. (z) “Tribe” or “tribal applicant” means a federally recognized tribal government pursuant to
Section of Title of the United States Code that is located in California.
SEC. 11.
Section of the Health and Safety Code is amended to read: 50233. (
a) To be eligible for a round base program allocation, a jurisdiction that is not a tribe must apply as part of a region and must be signatory to a regionally coordinated homelessness action plan that has been approved by the council. (
b) The council shall approve a regionally coordinated homelessness action plan when the council determines that the plan meets all of the requirements of this section. (
c) The regionally coordinated homelessness action plan shall include all of the following components:
(1) Identification and analysis of the specific roles and responsibilities of each participating jurisdiction in the region regarding outreach and site coordination, siting and use of available land, the development of shelter, interim, and permanent housing options, and the coordination and connection to the delivery of services to individuals experiencing homelessness, or at risk of experiencing homelessness, within the region. The plan may also include roles and responsibilities of small jurisdictions in the region that elect to engage and collaborate on the plan.
(2) Most recent system performance measures for the region, which shall include all of the following: (
A) The number of people experiencing homelessness who are accessing services. (
B) The number of people experiencing unsheltered homelessness on a single night. (
C) The number of people experiencing homelessness who are accessing services for the first time in the past two years. (
D) The number of people exiting homelessness into permanent housing. (
E) The average length of time that people experienced homelessness while accessing services. (
F) The percentage of people who return to homelessness within months of exiting the homelessness response system to permanent housing. (
G) The number of people with successful placements into shelter, interim, or permanent housing from street outreach.
(3) For each of the system performance measures set forth in paragraph (2), applicants shall also track demographic data with respect to age, gender, race, and ethnicity.
(4) A description of key actions the region intends to take to improve the performance metrics described in paragraph (2). The plan may also include key actions of small jurisdictions in the region that elect to engage and collaborate in the plan. In naming key action steps, a region will identify all of the following: (
A) The sources of federal, state, and local funding the region intends to use to achieve the action steps and objectives. (
B) The lead entity on an action step and collaborating entities partnering to achieve the key action step. (
C) A timeframe for action. (
D) The methods of measuring the success of the action step and related performance metrics.
(5) A description of key actions each participating jurisdiction will take to reduce the number of people falling into homelessness as they exit institutional settings, including, but not limited to, jails, prisons, and hospitals. (6) (
A) An explanation of how each participating jurisdiction is utilizing local, state, and federal funding programs to end homelessness, including, but not limited to, all of the following: (
i) The Homekey program, as described in
Section 50675.1.1. (ii) The No Place Like Home Program (Part 3.9 (commencing with
Section 5849.1) of Division of the Welfare and Institutions Code). (iii) The Multifamily Housing Program (Chapter 6.7 (commencing with
Section 50675) of
Part 2). (iv) The Housing for a Healthy California Program (Part 14.2 (commencing with
Section 53590)). (
v) The Homeless Housing, Assistance, and Prevention Program (Chapter 6 (commencing with
Section 50216)). (vi) Funding distributed to local jurisdictions pursuant to subparagraph (
B) of paragraph (2) of subdivision (
b) of
Section 50470. (vii) The California Emergency Solutions Grants Program (Chapter 19 (commencing with
Section 50899.1) of
Part 2). (viii) The National Housing Trust Fund established pursuant to the Housing and Economic Recovery Act of 2008 (Public Law 110-289), and implementing federal regulations. (ix) HOME Investment Partnerships Act (Chapter 16 (commencing with
Section 50896)). (
x) Parolee or probation programs that are intended to prevent homelessness upon release. (
B) An explanation of how the region is connecting, or will connect, individuals to wraparound services from all eligible federal, state, and local benefit programs, including, but not limited to, housing and homelessness services and supports that are integrated with the broader social services systems and supports, including, but not limited to: (
i) CalWORKs (Chapter 2 (commencing with
Section 11200) of Part of Division of the Welfare and Institutions Code). (ii) CalFresh (Chapter 10 (commencing with
Section 18900) of Part of Division of the Welfare and Institutions Code). (iii) Supplemental Security Income/State Supplemental Program (SSI/SSP) (Subchapter 16 (commencing with
Section 1381) of
Chapter of Title of the United States Code and
Chapter 3 (commencing with
Section 12000) of Part of Division of the Welfare and Institutions Code) and the Cash Assistance Program for Immigrants (CAPI) pursuant to
Chapter 10.3 (commencing with
Section 18937) of
Chapter 10.3 of Part of Division of the Welfare and Institutions Code. (iv) In-home supportive services. (
v) Adult protective services. (vi) Child welfare. (vii) Childcare and development. (viii) Disability benefits advocacy. (ix) Medi-Cal program (Chapter 7 (commencing with
Section 14000) of Part of Division of the Welfare and Institutions Code). (
C) The plan may also include local, state, and federal funding uses of small jurisdictions in the region that elect to engage and collaborate on the plan pursuant to paragraph (4).
(7) A description of specific actions the region 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.
(8) Evidence and an explanation by a continuum of care that shares geographic boundaries with a city, county, or city and county that is using state funding allocated pursuant to this
chapter or is receiving state funding pursuant to the Encampment Resolution Funding program (Chapter 7 (commencing with
Section 50250)) to provide services or housing for place-based encampment resolution, of collaboration with that city, county, or city and county that addresses how people served through encampment resolution have or will be included in prioritization for permanent housing within coordinated entry systems. This paragraph shall not be interpreted to supersede or limit the federal requirements of coordinated entry systems. (
d) Participating jurisdictions shall collaborate to complete the regionally coordinated homelessness action plan and shall engage in a public stakeholder process that includes at least three public meetings before completing the plan. (
e) The participating jurisdictions shall invite and encourage all of the following to engage in the public stakeholder process:
(1) People with lived experience of homelessness.
(2) Youth with lived experience of homelessness.
(3) Local department leaders and staff of qualifying small jurisdictions, including child welfare, health care, behavioral health, justice, and education system leaders.
(4) Homeless service and housing providers working in that region.
(5) Each Medi-Cal Managed Care Plan contracted with the State Department of Health Care Services in the region.
(6) Street medicine providers and other providers directly serving people experiencing homelessness or at risk of homelessness. (
f) The regionally coordinated homelessness action plan shall be reflected in a memorandum of understanding committing each signatory to participation in, and to comply with, the regionally coordinated homelessness action plan. (
g) Smaller jurisdictions in the region may also sign the memorandum of understanding and commit to participation in, and compliance with, the regionally coordinated homelessness action plan. Counties are encouraged to allocate resources from program funding to smaller jurisdictions that participate in and commit to complying with the regionally coordinated homelessness action plan. (
h) Upon receipt of a proposed regionally coordinated homelessness action plan, the council shall review it in coordination with the Department of Housing and Community Development, the State Department of Health Care Services, and the State Department of Social Services. (
i) A qualifying jurisdiction or continuum of care participating in a regionally coordinated homelessness action plan shall post on its internet website that proposed, approved, and amended regionally coordinated homelessness action plan. (
j) The council may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action by a participating jurisdiction in determining whether the regional coordinated homelessness action plan substantially complies with this chapter.
SEC. 12.
Section of the Health and Safety Code is amended to read: 50235. (
a) The council shall make an application for round base program allocations available no later than September 30, 2023. (
b) Applications shall be due no later than days from the date applications are made available pursuant to paragraph (1) of subdivision (a). (c)
(1) Applicants from each region shall submit a single, regional application from their shared region.
(2) Each applicant shall have the discretion to receive their base program allocation directly or may designate a corresponding eligible applicant in their region to serve as the fiscal agent responsible for the administration of funding made available pursuant to this chapter. (
d) Within days of the application deadline pursuant to subdivision (b), the council 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:
(1) Greater detail on any aspect of the application so the council can ensure fidelity with the applicant’s proposed use of funds and stated performance goals.
(2) Modifications or provision of additional information on the applicant’s proposed funding plan to ensure alignment with evidence-based solutions to reduce homelessness.
(3) Any other modifications or provision of information that would allow the council to better mo