Existing law requires the Governor to create the Homeless Coordinating and Financing Council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. Existing law requires the Governor to appoint up to 17 members of the council, including representatives from specified state agencies and departments, and state advocates or other members of the public or state agencies at the Governors discretion.

This bill would additionally require the Governor to appoint a representative from the State Department of Education to be a member of the council.

This bill would incorporate additional changes to Section 8257 of the Welfare and Institutions Code proposed by SB 687 to be operative only if this bill and SB 687 are enacted and this bill is enacted last.

Existing law requires the Governor to create the Homeless Coordinating and Financing Council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. Existing law requires the Governor to appoint up to 17 members of the council, including representatives from specified state agencies and departments, and state advocates or other members of the public or state agencies at the Governors discretion.

This bill would additionally require the Governor to appoint a representative from the State Department of Education to be a member of the council.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 58

Author:(Luz Rivas)

As Amended Ver:August 26, 2019

Majority vote

SUMMARY:

Adds a representative of the California Department of Education (CDE) to the state Homeless Coordinating and Financing Council (HCFC).

The Senate Amendments:

Incorporate changes to SB 687 (Rubio) of the current legislative session, to avoid chaptering out conflicts.

COMMENTS:

Homeless youth: On a single night in January 2018, there were approximately 36,361 unaccompanied homeless youth under the age of 25, which represents between 7% and 10% of people experiencing homelessness as individuals. A homeless youth is defined as a minor younger than 18 or a young adult between 18 and 24 years old who is living independently without shelter. Homelessness among youth differs from homelessness among adults and families with children, and can often include sleeping on the streets, living in cars, living in shelters, or couch surfing – which refers to the practice of moving between temporary living arrangements, often a friend or family member's couch, without a secure place to live. One in 30 adolescent minors between ages 13 and 17 experiences homelessness in a year, and roughly 25% involves couch surfing only. Due to increased susceptibility to exploitation and violence, homeless youth may develop substance use issues or engage in survival sex in order to find shelter or food.

LEAs: School districts, county offices of education, and charter schools – are required by the McKinney-Vento Act and by state law to identify homeless students enrolled in their schools and to provide them certain rights and supportive services. These rights include access to preschool; immediate enrollment without regard to immunization and other records; access to district-funded transportation services; exemption from certain local graduation requirements; the right to a fifth year of high school, if needed; and credit for partial coursework, among others. However, these rights and services are only granted once a designated McKinney-Vento liaison, teacher, or other district or school site employee has affirmatively identified a student as homeless.

As recently as 2017, over a quarter of California schools – about 2,700 of 10,500 schools – reported that they had identified no homeless students at all, and as a result provided no McKinney-Vento services. The largest of these include high schools with total enrollment over 2,500 students. According to the California Department of Education, at the district level, 400 districts statewide have reported enrolling zero homeless students.

HCFC: In 2016, SB 1380 (Mitchell), Chapter 847, created the HCFC to coordinate the state's response to homelessness. SB 1380 required all state agencies or departments that operate programs that provide housing or housing-related services to people experiencing homelessness or at risk of homelessness to adopt guidelines and regulations to include Housing First policies. In 2017, SB 918 (Wiener), Chapter 841 expanded the role of the HCFC to add a focus on homeless youth by requiring the HCFC to set and measure progress towards goals to prevent and end homelessness among youth in California. The HCFC meets every quarter.

In 2018, the HCFC was tasked with administering the Homeless Emergency Assistance Program (HEAP) to provide localities with flexible block grant funds to address their immediate homelessness challenges. To qualify to receive funds, a city, county or joint powers authority must declare a shelter crisis and a CoC must demonstrate collaboration with the city and county. Funding can be used for emergency housing vouchers, rapid re-housing, construction of emergency shelters, among other uses.

The Homeless Emergency Aid Block Grants provide $500 million in one-time funding to enable local governments to respond to homelessness. Allocations are as follows:

1. $250 million to Continuums of Care based on 2017 homeless point in time count;
2. $150 million direct allocation to a city or city that is also a county with a population of 330,000 or more as of January 1, 2018; and
3. $100 million to Continuums of Care based on their percentage of the statewide 2017 homeless population.

Housing First Approach: Housing First is an evidence-based housing model that centers on providing people experiencing homelessness with housing as quickly as possible and then providing services as needed.  A core component of Housing First includes a tenant screening process that promotes accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. This model recognizes that an individual experiencing homelessness should be provided shelter and stability before underlying issues can be successfully tackled. The housing first model is contrasted with a model known as "housing readiness," which is exhibited in some transitional housing models. This model requires homeless people to earn their way into transitional housing and make progress on certain goals; when they are deemed well enough; they earn their spot in permanent housing. The Federal government through the leadership of the US Interagency Council of Homelessness has successfully integrated the housing first approach into programs at the federal level.

According to the Author:

According to the author, "currently, the more than 200,000 homeless students in California account for nearly 4% of the total public school population. This bill would give the CDE, who oversees and coordinates the homeless liaisons (LEA) tasked with identifying and assisting homeless students at every LEA, a seat at the table, the bill will help the HCFC accomplish its objective of combating homelessness. Per the federal McKinney-Vento Act, which is implemented by CDE, schools are often the first points of contact to identify interface with, and assist homeless students and families. However, CDE is not a member of the HCFC."

Arguments in Support:

Supporters argue that this bill will those most acquainted with identifying and assisting homeless youth will be represented on the HCFC.

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, minor and absorbable costs to CDE to participate on the Council.

VOTES:

ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-0-0

YES: Chiu, Diep, Gabriel, Gloria, Kiley, Limón, Maienschein, Quirk-Silva

ASM APPROPRIATIONS: 17-0-1

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Friedman, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ABS, ABST OR NV: Maienschein

ASSEMBLY FLOOR: 72-0-8

YES: Aguiar-Curry, Bauer-Kahan, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Limón, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Berman, Chiu, Cooley, Frazier, Eduardo Garcia, Levine, Low

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

UPDATED:

VERSION: August 26, 2019

CONSULTANT: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0001865

 THIRD READING  

Bill No: AB 58

Author: Luz Rivas (D), et al.

Amended: 8/26/19 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/10/19

AYES: Hurtado, Beall, Jackson, Pan, Wiener

NO VOTE RECORDED: Stone

SENATE HOUSING COMMITTEE: 11-0, 7/2/19

AYES: Wiener, Morrell, Bates, Caballero, Durazo, McGuire, Moorlach, Roth, Skinner, Umberg, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 72-0, 4/11/19 (Consent) - See last page for vote

SUBJECT: Homeless Coordinating and Financing Council

SOURCE: Author

DIGEST:

This bill increases the number of members of the Homeless Coordinating and Financing Council (Council) appointed by the Governor from 17 to 18, by requiring the Governor to appoint a representative from the California Department of Education (CDE) to the Council.

Senate Floor Amendments of 8/26/19 incorporate changes in law proposed by SB 687 (Rubio) to be operative only if this bill and SB 687 are enacted and this bill is enacted last.

ANALYSIS:

Existing federal law:

1. Establishes the United States Interagency Council on Homelessness (US ICH) to coordinate a federal response to homelessness and create a national partnership at every level of government and with the private sector to end homelessness. (42 USC § 11311)
2. Defines the word “homeless” for the purpose of housing assistance, to mean an individual or family who lacks a fixed, regular, and adequate nighttime residence, such as:
   1. A primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
   2. A supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or
   3. Exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. (42 CFR 91.5)

Existing state law:

1. Defines “Housing First” to mean the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services. It includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer-term rental assistance, income assistance, or employment. (WIC 8255(d))
2. States Legislative findings and declarations about homelessness, the housing shortfall and other related issues including: the Legislature finds and declares that there exists within the urban and rural areas of the state a significant number of persons without decent, safe, and sanitary housing. This shortage is inimical to the health, safety, and welfare of the residents of this state and the sound growth of its communities. Without the assistance contemplated in existing law, it is not financially feasible for private enterprise and private investors to provide decent, safe, and sanitary emergency housing for persons who are homeless. (HSC 50003.3)
3. Establishes a Homeless Coordinating and Financing Council to oversee and coordinate the implementation of the Housing First guidelines and regulations in California, and to identify resources and services that can be accessed to prevent and end homelessness in California. (WIC 8255 et. seq)
4. Requires the Governor to appointment up to 17 members of the Council, including representatives of multiple state departments, as provided, and a formerly homeless person and formerly homeless youth who both live in California. (WIC 8257(c)(1))
5. Requires the Senate Committee on Rules and the Speaker of the Assembly to each appoint one representative to the Council from two different stakeholder organizations. (WIC 8257(c)(2))
6. Requires the Business, Consumer Services and Housing Agency to provide staff for the Council. (WIC 8257(h))
7. Establishes the California Emergency Solutions Grants Program, administered by the Department of Housing and Community Development (HCD), to fund activities that address the needs of homeless individuals and families and assist them to regain stability in permanent housing as quickly as possible. Permissible uses of funding include:
   1. Engaging homeless individuals and families living on the street;
   2. Operating homeless shelters and providing essential services to shelter residents;
   3. Rapid rehousing programs; and
   4. Prevention efforts for families and individuals at risk of homelessness. (HSC 50899.1 et seq.)

This bill requires the Governor to appoint a representative from CDE to be a Council member.

Background

Purpose of the Bill: According to the author, “California leads the nation in terms of youth homelessness, with more than 260,000 public school students being identified as homeless by the CDE. The adverse impact that housing instability has on academic performance and graduation rates is well documented.” This bill “ensures those who work directly with homeless students are given a seat at the table by requiring the Governor to appoint a representative from CDE” to the Council, per the author.

Homelessness in California: According to the Annual Homeless Assessment Report produced by U.S. Department on Housing and Urban Development (HUD) on a single night in 2018, there were 129,972 homeless people in California. Of those, 89,543 were unsheltered. According to this report, California has the nation’s largest homeless population - 24 percent of the nation’s total. Additionally, California accounted for nearly half, 47 percent, of all unsheltered people in the country in 2018.

The health, personal, and economic challenges that chronically homeless individuals and families face and the lack of effective, coordinated services to address these problems often lead to a cycle of housing instability and health deterioration. Health conditions of those experiencing long-term homelessness often prevent housing stability, while persistent homelessness impedes access to needed health and employment services. Consequently, people who are chronically homeless cycle through costly emergency-driven public systems – emergency shelters, emergency rooms, detoxification centers, criminal justice facilities – without getting the ongoing care they need to address severe mental illness, substance abuse disorders, or chronic health conditions.

Homeless Students: Federal law, the McKinney-Vento Act, requires all school districts, county offices of education, and charter schools to identify homeless students enrolled in their schools and provide those students with certain rights and supportive services. These rights include: access to preschool, immediate enrollment without regard to immunization and other records; access to district funded transportation services; exemption from certain local graduation requirements; the right to a fifth year of high school, if needed; and credit for partial course work, among others. These rights and services are only available to students who have been designated by their school district’s McKinney-Vento liaison, a teacher or other local education agency (LEA) or school employee, as meeting the McKinney-Vento Act’s definition of “homeless-youth.” The McKinney-Vento Act defines “homeless youth” as a student who lacks a fixed, regular, and adequate nighttime residence.

In addition to identifying homeless students, a McKiney-Vento liaison is required to record information related to homeless students in their school or LEA. Each LEA is then required to annually report their homeless student data to CDE, where it is compiled, certified, and submitted to the U.S. Department of Education. This data set then represents California’s total number of kindergarten through 12^th grade homeless student population.

In 2014, the California Homeless Youth Project released a report on the California’s growing homeless student population. The report noted that during the 2012-2013 school year, nearly 270,000 of California’s students experienced homelessness. According to data collected annually by CDE, there has been little change, with counties reporting 269,507 enrolled homeless students as of April 2019. It’s likely that this data does not reflect a total count of California’s homeless students, as CDE data shows that only one county, Modoc County, reports having no enrolled homeless youth. Additionally, as recently as 2017, over a quarter of schools - about 2,700 of 10,500 schools – reported that they had no identified homeless students and thus were providing no McKinney-Vento Services. Additionally, CDE notes that 400 school districts statewide have reported enrolling zero homeless students.

Per their 2014 report, the California Homeless Youth Project notes that data on homeless students may not provide a completely accurate picture of California’s homeless student population because it does not include students who have dropped out of school due to circumstances surrounding their homelessness, nor does it include preschool-aged children. Furthermore, the California Homeless Youth Project highlights the fact that many schools may not identify all of their homeless students, as they may be unaware of a child or youth’s housing situation and the child or their parents may hesitate to disclose this information to school staff.

Homeless Coordinating and Financing Council (Council). SB 1380 (Mitchell, Chapter 847, Statutes of 2016) created the Council to coordinate the state’s response to homelessness. As created by SB 1380, the Council was housed within the Department of Housing and Community Development (HCD), which was further responsible for providing staff for the Council. SB 850 (Senate Committee on Budget and Fiscal Review, Chapter 48, Statues of 2018) moved the Council from HCD to the Business, Consumer Services and Housing Agency. SB 850 also authorized the creation of an Executive Director to oversee the Council, as well as the allocation of several staff members.

The Council was created in part to oversee the state’s implementation of “Housing First.” By July 1, 2019, agencies and departments administering state programs relating to homelessness are required to collaborate with the Council to revise or adopt guidelines and regulations that incorporate core components of Housing First.

The Council is also responsible for the administration of $500 million in Homeless Emergency Aid Program block grant funds, which was created to provide one time funding to enable local governments to respond to homelessness. Those funds have been awarded to 43 CoCs and 11 large cities. Grant awardees have committed to allocating these funds to the following categories: 38 percent services; 34 percent capital improvements; 14 percent rental assistance; 7 percent homeless youth; 4 percent administration; and 3 percent other.

Related/Prior Legislation

SB 333 (Wilk, 2019) requires the Council, by July 1, 2021, to develop and implement a statewide strategic plan for addressing homelessness in the state. This bill also requires the Council, by January 1, 2021, to implement strategic plans to assist HUD CoC lead agencies to better implement HUD recommended activities and/or better meet federal HUD requirements. The bill is waiting to be heard in the Assembly Appropriations Committee.

SB 573 (Chang, 2019) makes an annual appropriation of $250 million from the General Fund to the Homeless Emergency Aid Program, administered by the Council. This is a two-year bill currently in the Assembly Housing and Community Development.

SB 687 (Rubio, 2019) increases the number of Council members appointed by the Governor from 17 to 20, requiring the Governor to additionally appoint a formerly homeless college student, a formerly homeless veteran, and a formerly homeless parent. The bill is waiting to be heard in the Assembly Appropriations Committee.

SB 850 (Senate Committee on Budget and Fiscal Review, Chapter 48, Statutes of 2018) provided for over $600 million in funding to various projects aimed at reducing homelessness. As well as moved the Council from HCD to the Business, Consumer Services, and Housing Agency. SB 850 also authorized the creation of an Executive Director to oversee the Council and provided for the allocation of several staff members.

SB 1380 (Mitchell, Chapter 847, Statutes of 2016) established the Council to oversee implementation of the Housing First regulations and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. It also required state agencies or departments that fund, implement, or administer state housing or housing-related services programs to adopt guidelines and regulations to include Housing First policies.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/27/19)

California Coalition for Youth
California School Employees Association

Child Care Resource Center

City of Santa Monica
Los Angeles County Office of Education

Los Angeles Unified School District

OPPOSITION: (Verified 8/27/19)

None received

ASSEMBLY FLOOR: 72-0, 4/11/19

AYES: Aguiar-Curry, Bauer-Kahan, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Limón, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Berman, Chiu, Cooley, Frazier, Eduardo Garcia, Levine, Low

Prepared by: Taruyn Smith / HUMAN S. /

8/29/19 14:47:38

**** END ****

 THIRD READING 

Bill No: AB 58

Author: Luz Rivas (D), et al.

Amended: 5/1/19 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/10/19

AYES: Hurtado, Beall, Jackson, Pan, Wiener

NO VOTE RECORDED: Stone

SENATE HOUSING COMMITTEE: 11-0, 7/2/19

AYES: Wiener, Morrell, Bates, Caballero, Durazo, McGuire, Moorlach, Roth, Skinner, Umberg, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 72-0, 4/11/19 (Consent) - See last page for vote

SUBJECT: Homeless Coordinating and Financing Council

SOURCE: Author

DIGEST:

This bill increases the number of members of the Homeless Coordinating and Financing Council (Council) appointed by the Governor from 17 to 18, by requiring the Governor to appoint a representative from the California Department of Education (CDE) to the Council.

ANALYSIS:

Existing federal law:

1. Establishes the United States Interagency Council on Homelessness (US ICH) to coordinate a federal response to homelessness and create a national partnership at every level of government and with the private sector to end homelessness. (42 USC § 11311)
2. Defines the word “homeless” for the purpose of housing assistance, to mean an individual or family who lacks a fixed, regular, and adequate nighttime residence, such as:
   1. A primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
   2. A supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or
   3. Exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. (42 CFR 91.5)

Existing state law:

1. Defines “Housing First” to mean the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services. It includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer-term rental assistance, income assistance, or employment. (WIC 8255(d))
2. States Legislative findings and declarations about homelessness, the housing shortfall and other related issues including: the Legislature finds and declares that there exists within the urban and rural areas of the state a significant number of persons without decent, safe, and sanitary housing. This shortage is inimical to the health, safety, and welfare of the residents of this state and the sound growth of its communities. Without the assistance contemplated in existing law, it is not financially feasible for private enterprise and private investors to provide decent, safe, and sanitary emergency housing for persons who are homeless. (HSC 50003.3)
3. Establishes a Homeless Coordinating and Financing Council to oversee and coordinate the implementation of the Housing First guidelines and regulations in California, and to identify resources and services that can be accessed to prevent and end homelessness in California. (WIC 8255 et. seq)
4. Requires the Governor to appointment up to 17 members of the Council, including representatives of multiple state departments, as provided, and a formerly homeless person and formerly homeless youth who both live in California. (WIC 8257(c)(1))
5. Requires the Senate Committee on Rules and the Speaker of the Assembly to each appoint one representative to the Council from two different stakeholder organizations. (WIC 8257(c)(2))
6. Requires the Business, Consumer Services and Housing Agency to provide staff for the Council. (WIC 8257(h))
7. Establishes the California Emergency Solutions Grants Program, administered by the Department of Housing and Community Development (HCD), to fund activities that address the needs of homeless individuals and families and assist them to regain stability in permanent housing as quickly as possible. Permissible uses of funding include:
   1. Engaging homeless individuals and families living on the street;
   2. Operating homeless shelters and providing essential services to shelter residents;
   3. Rapid rehousing programs; and
   4. Prevention efforts for families and individuals at risk of homelessness. (HSC 50899.1 et seq.)

This bill requires the Governor to appoint a representative from CDE to be a Council member.

Background

Purpose of the Bill: According to the author, “California leads the nation in terms of youth homelessness, with more than 260,000 public school students being identified as homeless by the CDE. The adverse impact that housing instability has on academic performance and graduation rates is well documented.” This bill “ensures those who work directly with homeless students are given a seat at the table by requiring the Governor to appoint a representative from CDE” to the Council, per the author.

Homelessness in California: According to the Annual Homeless Assessment Report produced by U.S. Department on Housing and Urban Development (HUD) on a single night in 2018, there were 129,972 homeless people in California. Of those, 89,543 were unsheltered. According to this report, California has the nation’s largest homeless population - 24 percent of the nation’s total. Additionally, California accounted for nearly half, 47 percent, of all unsheltered people in the country in 2018.

The health, personal, and economic challenges that chronically homeless individuals and families face and the lack of effective, coordinated services to address these problems often lead to a cycle of housing instability and health deterioration. Health conditions of those experiencing long-term homelessness often prevent housing stability, while persistent homelessness impedes access to needed health and employment services. Consequently, people who are chronically homeless cycle through costly emergency-driven public systems – emergency shelters, emergency rooms, detoxification centers, criminal justice facilities – without getting the ongoing care they need to address severe mental illness, substance abuse disorders, or chronic health conditions.

Homeless Students: Federal law, the McKinney-Vento Act, requires all school districts, county offices of education, and charter schools to identify homeless students enrolled in their schools and provide those students with certain rights and supportive services. These rights include: access to preschool, immediate enrollment without regard to immunization and other records; access to district funded transportation services; exemption from certain local graduation requirements; the right to a fifth year of high school, if needed; and credit for partial course work, among others. These rights and services are only available to students who have been designated by their school district’s McKinney-Vento liaison, a teacher or other local education agency (LEA) or school employee, as meeting the McKinney-Vento Act’s definition of “homeless-youth.” The McKinney-Vento Act defines “homeless youth” as a student who lacks a fixed, regular, and adequate nighttime residence.

In addition to identifying homeless students, a McKiney-Vento liaison is required to record information related to homeless students in their school or LEA. Each LEA is then required to annually report their homeless student data to CDE, where it is compiled, certified, and submitted to the U.S. Department of Education. This data set then represents California’s total number of kindergarten through 12^th grade homeless student population.

In 2014, the California Homeless Youth Project released a report on the California’s growing homeless student population. The report noted that during the 2012-2013 school year, nearly 270,000 of California’s students experienced homelessness. According to data collected annually by CDE, there has been little change, with counties reporting 269,507 enrolled homeless students as of April 2019. It’s likely that this data does not reflect a total count of California’s homeless students, as CDE data shows that only one county, Modoc County, reports having no enrolled homeless youth. Additionally, as recently as 2017, over a quarter of schools - about 2,700 of 10,500 schools – reported that they had no identified homeless students and thus were providing no McKinney-Vento Services. Additionally, CDE notes that 400 school districts statewide have reported enrolling zero homeless students.

Per their 2014 report, the California Homeless Youth Project notes that data on homeless students may not provide a completely accurate picture of California’s homeless student population because it does not include students who have dropped out of school due to circumstances surrounding their homelessness, nor does it include preschool-aged children. Furthermore, the California Homeless Youth Project highlights the fact that many schools may not identify all of their homeless students, as they may be unaware of a child or youth’s housing situation and the child or their parents may hesitate to disclose this information to school staff.

Homeless Coordinating and Financing Council (Council). SB 1380 (Mitchell, Chapter 847, Statutes of 2016) created the Council to coordinate the state’s response to homelessness. As created by SB 1380, the Council was housed within the Department of Housing and Community Development (HCD), which was further responsible for providing staff for the Council. SB 850 (Senate Committee on Budget and Fiscal Review, Chapter 48, Statues of 2018) moved the Council from HCD to the Business, Consumer Services and Housing Agency. SB 850 also authorized the creation of an Executive Director to oversee the Council, as well as the allocation of several staff members.

The Council was created in part to oversee the state’s implementation of “Housing First.” By July 1, 2019, agencies and departments administering state programs relating to homelessness are required to collaborate with the Council to revise or adopt guidelines and regulations that incorporate core components of Housing First. To that end, the Council had adopted a Housing First Checklist to be used by state agencies to assess their homelessness-related programs and make recommendations on any changes required to bring their programs into alignment with Housing First statute. The Council has also drafted, but not yet adopted, criteria for Housing First requirements and a proposed 2019 Action Plan is under consideration.

The Council is also responsible for the administration of $500 million in Homeless Emergency Aid Program block grant funds, which was created to provide one time funding to enable local governments to respond to homelessness. Those funds have been awarded to 43 CoCs and 11 large cities. Grant awardees have committed to allocating these funds to the following categories: 38 percent services; 34 percent capital improvements; 14 percent rental assistance; 7 percent homeless youth; 4 percent administration; and 3 percent other.

Related/Prior Legislation

SB 333 (Wilk, 2019) requires the Council, by July 1, 2021, to develop and implement a statewide strategic plan for addressing homelessness in the state. This bill also requires the Council, by January 1, 2021, to implement strategic plans to assist HUD CoC lead agencies to better implement HUD recommended activities and/or better meet federal HUD requirements. The bill is waiting to be heard in the Assembly Appropriations Committee.

SB 573 (Chang, 2019) makes an annual appropriation of $250 million from the General Fund to the Homeless Emergency Aid Program, administered by the Council. This is a two-year bill currently in the Assembly Housing and Community Development.

SB 687 (Rubio, 2019) increases the number of Council members appointed by the Governor from 17 to 20, requiring the Governor to additionally appoint a formerly homeless college student, a formerly homeless veteran, and a formerly homeless parent. The bill is waiting to be heard in the Assembly Appropriations Committee.

SB 850 (Senate Committee on Budget and Fiscal Review, Chapter 48, Statutes of 2018) provided for over $600 million in funding to various projects aimed at reducing homelessness. As well as moved the Council from HCD to the Business, Consumer Services, and Housing Agency. SB 850 also authorized the creation of an Executive Director to oversee the Council and provided for the allocation of several staff members.

SB 1380 (Mitchell, Chapter 847, Statutes of 2016) established the Council to oversee implementation of the Housing First regulations and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. It also required state agencies or departments that fund, implement, or administer state housing or housing-related services programs to adopt guidelines and regulations to include Housing First policies.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/12/19)

California Coalition for Youth
California School Employees Association

City of Santa Monica
Los Angeles County Office of Education

Los Angeles Unified School District

OPPOSITION: (Verified 8/12/19)

None received

ASSEMBLY FLOOR: 72-0, 4/11/19

AYES: Aguiar-Curry, Bauer-Kahan, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Limón, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Berman, Chiu, Cooley, Frazier, Eduardo Garcia, Levine, Low

Prepared by: Marisa Shea / HUMAN S. /

8/15/19 14:46:27

**** END ****

SENATE COMMITTEE ON HOUSING

Senator Scott Wiener, Chair

2019 - 2020 Regular

Bill No: AB 58 Hearing Date: 7/2/2019

SUBJECT: Homeless Coordinating and Financing Council

DIGEST: This bill adds a representative from the California Department of Education (CDE) to the Homeless Coordinating and Financing Council (HCFC).

ANALYSIS:

Existing law:

1. Establishes the HCFC, with the purpose of coordinating the state’s response to homelessness by utilizing Housing First practices.
2. Defines “Housing First” to mean the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
3. Requires the Governor to appoint up to 17 members to the HCFC. These include the Secretary of BCSH, or their designee, who shall serve as HCFC chair, and representatives of the following:
   1. The state Department of Transportation.
   2. The state Department of Housing and Community Development.
   3. The state Department of Social Services.
   4. The California Housing Finance Agency.
   5. The state Department of Health Care Services.
   6. The state Department of Veterans Affairs.
   7. The state Department of Corrections and Rehabilitation.
   8. The California Tax Credit Allocation Committee.
   9. The Victim Services Program in the Office of Emergency Services.
   10. A formerly homeless person who lives in California.
   11. A formerly homeless youth who lives in California.
   12. Two representatives of local agencies or organizations that participate in the US Department of Housing and Urban Development’s (HUD) Continuum of Care (CoC) Program.
   13. State advocates or other members of the public or state agencies, at the Governor’s discretion.
   14. Two different stakeholder organizations, appointed by the Senate Rules Committee and the Assembly Speaker.
4. Authorizes the HCFC to invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information.
5. Establishes a number of goals for the HCFC, including, among others:
   1. Creation of partnerships among state agencies and departments, local government agencies, participants in HUD’s CoC program, federal agencies, the U.S. Interagency Council on Homelessness, nonprofit agencies working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness.
   2. Brokering agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding.
   3. Serving as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California.

This bill adds a representative from the CDE to the membership of the HCFC.

COMMENTS

1. Purpose of the bill. The author states that as California’s housing shortage intensifies, its homeless population continues to surge. Particularly troubling is the rise in student homelessness. Currently, California leads the nation in terms of youth homelessness, with more than 200,000 public school students being identified as homeless by the CDE. The author states that this is evident in her district, where many schools, including Telfair Elementary where she attended, report very high percentages of student homelessness. The adverse impact that housing instability has on academic performance and graduation rates is well documented. If homeless students are not given the support they need to obtain stable housing, the cycle of under-education, unemployment, and homelessness is likely to continue to grow. This bill would ensure that those who work directly with homeless students are given a seat at the table by requiring the Governor to appoint a representative from the CDE to the HCFC.
2. How does the state identify homeless students? Existing federal law, the McKinney-Vento Homeless Assistance Act (Act), requires all school districts, county offices of education, and charter schools to identify homeless students enrolled in their schools and provide those students with certain rights and supportive services. These rights include access to preschool; immediate enrollment without regard to immunization and other records; access to district-funded transportation services; exemption from certain local graduation requirements; the right to a fifth year of high school, if needed; and credit for partial coursework, among others. These rights and services are only available to students who have been designated by their school district’s McKinney-Vento liaison, a teacher or other local education educational agency (LEA) or school employee, as meeting the Act’s definition of “homeless youth” (e.g., a student who lacks a fixed, regular, and adequate nighttime residence). In addition to identifying homeless students, a McKinney-Vento liaison is required to record information related to homeless students in their school or LEA. Each LEA is then required to annually report their homeless data to CDE, which subsequently certifies it and submits it to the U.S. Department of Education.
3. How many homeless students are there in California? A report by the California Homeless Youth project, California’s Homeless Students: A Growing Population (September 2014) found that during the 2012-13 school year, nearly 270,000 of California’s students experienced homelessness. According to data collected annually by CDE, there has been little change, with counties reporting 269,507 enrolled homeless students as of April 2019. CDE data indicates that only one county (Modoc) reports having zero enrolled homeless youth, and as recently as 2017, over a quarter of schools – about 2,700 of 10,500 schools – reported they had no identified homeless students and thus were providing no McKinney-Vento services. CDE notes that 400 school districts statewide have reported enrolling zero homeless students.

The California Homeless Youth Project report notes that data on homeless students may not provide a completely accurate picture of the state’s homeless student population because it does not include students who have dropped out of school due to circumstances related to their homeless situation, nor does it include preschool-aged children. Furthermore, the report highlights the fact that many schools may not identify all of their homeless students, as they may be unaware of a child’s or youth’s housing situation, and the child or their parents may hesitate to disclose this information to school staff.

1. The HCFC. SB 1380 (Mitchell, 2016) created the HCFC to coordinate the state’s response to homelessness with the state Department of Housing and Community Development (HCD). The HCFC is tasked with collaborating with all state agencies to ensure they revise or adopt guidelines and regulations that incorporate the core components of Housing First, if they do not already do so. In 2017, SB 918 (Wiener) expanded the role of the HCFC by requiring it to set and measure progress toward goals to prevent and end homelessness among California’s youth. Last year, the HCFC was further tasked with administering the newly created Homeless Emergency Assistance Program (HEAP) to provide localities with flexible block grant funds to address their immediate homelessness challenges.
2. Seventeen and counting. Existing law requires the Governor to appoint up to 17 members of the HCFC. This bill would add an 18^th member, and SB 687 (Rubio, 2019) would add three more members. These bills pose the risk of making the HCFC so large it cannot effectively do its work; attempting to get 21 people in the same room to work together could be a difficult task. Existing law authorizes the HCFC to invite stakeholders and other state agencies to participate in meetings or provide information, and requires the HCFC to coordinate and create partnerships with other agencies in addressing homelessness. In addition, there is already a seat on the HCFC for a formerly homeless youth, who could presumably speak directly to the experience of trying to attend school while homeless.
3. Double referral. This bill was heard in the Human Services Committee on June 10th, where it was approved on a 5-0 vote.

Related Legislation:

SB 687 (Rubio, 2019) — increases the number of HCFC members appointed by the Governor from 17 to 20 by requiring the Governor to additionally appoint a formerly homeless college student, a formerly homeless veteran, and a formerly homeless parent. This bill is in the Assembly Housing Committee.

SB 333 (Wilk, 2019) — requires the HCFC, by July 1, 2021, to develop and implement a statewide strategic plan for addressing homelessness in the state. Also requires the HCFC, by January 1, 2021, to implement strategic plans to assist Continuums of Care to better implement US Department of Housing and Urban Development (HUD) recommended activities and/or to better meet federal HUD requirements. This bill is in the Assembly Housing Committee.

AB 67 (Luz Rivas, 2019) — requires HCD, in coordination with the HCFC, to create a state homeless integrated data warehouse, as specified. This bill will be heard in this committee today.

AB 307 (Reyes, 2019) — requires the HCFC to develop a grant program to support homeless youth and to prevent and end homelessness among California’s youth, as specified. This bill will be heard in this committee today.

AB 1702 (Luz Rivas, 2019) — requires BCSH to create additional staff positions at the HCFC and requires the HCFC to make recommendations to the Legislature on streamlining homeless programs and service delivery. This bill will also be heard in this committee today.

SB 918 (Wiener, Chapter 841, Statutes of 2018) — establishes the Homeless Youth Act of 2018 to better serve the state’s homeless youth population and requires the HCFC to take on additional related responsibilities that are focused on addressing the needs of youth experiencing homelessness.

SB 850 (Senate Committee on Budget and Fiscal Review, Chapter 48, Statutes of 2018) — provided for over $600 million in funding to various projects aimed at reducing homelessness. Also moved the HCFC from HCD to BCSH, authorized the creation of an HCFC Executive Director, and provided for the allocation of several staff members to HCFC.

SB 1380 (Mitchell, Chapter 847, Statues of 2016) — established the HCFC to oversee implementation of the Housing First regulations and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. It also required state agencies or departments that fund, implement, or administer state housing or housing-related services programs to adopt guidelines and regulations to include Housing First policies.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 26, 2019.)

SUPPORT:

California Alternative Payment Program Association
California Coalition For Youth
California School Employees Association
California State Association Of Counties
Child Care Alliance Of Los Angeles
Child Care Resource Center
Corporation For Supportive Housing
Housing California
John Burton Advocates For Youth
Los Angeles County Office Of Education
Los Angeles Unified School District
Non-Profit Housing Association Of Northern California
Santa Monica; City Of
Shelter Partnership
Southern California Association Of Nonprofit Housing
Union Station Homeless Services

OPPOSITION:

None received.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Hurtado, Chair

2019 - 2020 Regular

Subject: Homeless Coordinating and Financing Council

SUMMARY

This bill increases the number of Homeless Coordinating and Financing Council (Council) members appointed by the governor from 17 to 18, requiring the governor to additionally appoint a representative from the California Department of Education (CDE).

ABSTRACT

Existing Law:

1. Establishes the United States Interagency Council on Homelessness (US ICH) to coordinate a federal response to homelessness and create a national partnership at every level of government and with the private sector to end homelessness. (42 USC § 11311)
2. Defines, in federal statute, the word “homeless” for the purpose of housing assistance, to mean an individual or family who lacks a fixed, regular, and adequate nighttime residence, such as:
   1. A primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
   2. A supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or
   3. Exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (42 CFR 91.5)
3. Defines “Housing First” to mean the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and do not make housing contingent on participation in services. It includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer-term rental assistance, income assistance, or employment. (WIC 8255(d))
4. States Legislative findings and declarations about homelessness, the housing shortfall and other related issues including: the Legislature finds and declares that there exists within the urban and rural areas of the state a significant number of persons without decent, safe, and sanitary housing. This shortage is inimical to the health, safety, and welfare of the residents of this state and the sound growth of its communities. Without the assistance contemplated in existing law, it is not financially feasible for private enterprise and private investors to provide decent, safe, and sanitary emergency housing for persons who are homeless. (HSC 50003.3)
5. Establishes a Homeless Coordinating and Financing Council to oversee and coordinate the implementation of the Housing First guidelines and regulations in California, and to identify resources and services that can be accessed to prevent and end homelessness in California. (WIC 8255 et. seq)
6. Requires the Governor to appoint up to 17 members of the Council, as follows:
   1. The Secretary of Business, Consumer Services, and Housing, or their designee, who shall serve as chair of the council;
   2. A representative from the Department of Transportation;
   3. A representative from the Department of Housing and Community Development;
   4. A representative of the State Department of Social Services;
   5. A representative of the California Housing Finance Agency;
   6. A representative of the State Department of Health Care Services;
   7. A representative of the Department of Veterans Affairs;
   8. A representative of the Department of Corrections and Rehabilitation;
   9. A representative from the California Tax Credit Allocation Committee in the Treasurer’s office;
   10. A representative of the Victim Services Program within the Division of Grants Management within the Office of Emergency Services;
   11. A formerly homeless person who lives in California;
   12. A formerly homeless youth who lives in California;
   13. Two representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program; and
   14. State advocates or other members of the public or state agencies, at the Governor’s discretion. (WIC 8257(c)(1))
7. Requires the Senate Committee on Rules and the Speaker of the Assembly to each appoint one representative to the Council from two different stakeholder organizations. (WIC 8257(c)(2))
8. Requires the Business, Consumer Services and Housing Agency to provide staff for the Council. (WIC 8257(h))
9. Establishes the California Emergency Solutions Grants Program, administered by the Department of Housing and Community Development (HCD), to fund activities that address the needs of homeless individuals and families and assist them to regain stability in permanent housing as quickly as possible. Permissible uses of funding include:
   1. Engaging homeless individuals and families living on the street;
   2. Operating homeless shelters and providing essential services to shelter residents;
   3. Rapid rehousing programs; and
   4. Prevention efforts for families and individuals at risk of homelessness. (HSC 50899.1 et seq.)

This Bill:

1. Requires the Governor to appoint a representative from CDE to be a Council member.

FISCAL IMPACT

According to the Assembly Appropriations Committee on April 3, 2018 this bill may create minor and absorbable costs to CDE to participate on the Council.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “California leads the nation in terms of youth homelessness, with more than 260,000 public school students being identified as homeless by the CDE. The adverse impact that housing instability has on academic performance and graduation rates is well documented.” This bill “ensures those who work directly with homeless students are given a seat at the table by requiring the Governor to appoint a representative from CDE” to the Council, per the author.

Homelessness in California

According to the Annual Homeless Assessment Report produced by U.S. Department on Housing and Urban Development (HUD) on a single night in 2018, there were 129,972 homeless people in California. Of those, 89,543 were unsheltered. According to this report, California has the nation’s largest homeless population - 24 percent of the nation’s total. Additionally, California accounted for nearly half, 47 percent, of all unsheltered people in the country in 2018.^[1]

The health, personal, and economic challenges that chronically homeless individuals and families face and the lack of effective, coordinated services to address these problems often lead to a cycle of housing instability and health deterioration. Health conditions of those experiencing long-term homelessness often prevent housing stability, while persistent homelessness impedes access to needed health and employment services. Consequently, people who are chronically homeless cycle through costly emergency-driven public systems – emergency shelters, emergency rooms, detoxification centers, criminal justice facilities – without getting the ongoing care they need to address severe mental illness, substance abuse disorders, or chronic health conditions.

Homeless Students

Federal law, the McKinney-Vento Act, requires all school districts, county offices of education, and charter schools to identify homeless students enrolled in their schools and provide those students with certain rights and supportive services. These rights include: access to preschool, immediate enrollment without regard to immunization and other records; access to district funded transportation services; exemption from certain local graduation requirements; the right to a fifth year of high school, if needed; and credit for partial course work, among others. These rights and services are only available to students who have been designated by their school district’s McKinney-Vento liaison, a teacher or other local education agency (LEA) or school employee, as meeting the McKinney-Vento Act’s definition of “homeless-youth.” The McKinney-Vento Act defines “homeless youth” as a student who lacks a fixed, regular, and adequate nighttime residence.

In addition to identifying homeless students, a McKiney-Vento liaison is required to record information related to homeless students in their school or LEA. Each LEA is then required to annually report their homeless student data to CDE, where it is compiled, certified, and submitted to the U.S. Department of Education. This data set then represents California’s total number of kindergarten through 12^th grade homeless student population.

In 2014, the California Homeless Youth Project released a report on the California’s growing homeless student population. The report noted that during the 2012-2013 school year, nearly 270,000 of California’s students experienced homelessness. According to data collected annually by CDE, there has been little change, with counties reporting 269,507 enrolled homeless students as of April 2019. It’s likely that this data does not reflect a total count of California’s homeless students, as CDE data shows that only one county, Modoc County, reports having no enrolled homeless youth. Additionally, as recently as 2017, over a quarter of schools - about 2,700 of 10,500 schools – reported that they had no identified homeless students and thus were providing no McKinney-Vento Services. Additionally, CDE notes that 400 school districts statewide have reported enrolling zero homeless students.

Per their 2014 report, the California Homeless Youth Project notes that data on homeless students may not provide a completely accurate picture of California’s homeless student population because it does not include students who have dropped out of school due to circumstances surrounding their homelessness, nor does it include preschool-aged children. Furthermore, the California Homeless Youth Project highlights the fact that many schools may not identify all of their homeless students, as they may be unaware of a child or youth’s housing situation and the child or their parents may hesitate to disclose this information to school staff.^[2]

Homeless Coordinating and Financing Council (Council)

SB 1380 (Mitchell, Chapter 847, Statutes of 2016) created the Council to coordinate the state’s response to homelessness. The Council was created with the following goals:

• Identification of mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California, as well as other funding opportunities;
• Creation of partnerships among state agencies and departments, local government agencies, participants in HUD’s Continuum of Care (CoC) program, federal agencies, the U.S. Interagency Council on Homelessness, nonprofit agencies working to end homelessness, homeless services providers and the private sector, for the purpose of arriving at specific strategies to end homelessness;
• Promotion of systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness;
• Coordination of existing funding and applications for competitive funding;
• Making policy and procedural recommendations to legislators and other governmental entities;
• Brokering agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding;
• Serving as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California;
• Reporting to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness;
• Ensuring accountability and results in meeting the strategies and goals of the Council;
• Identifying and implementing strategies to fight homelessness in small communities and rural areas; and
• Creating a statewide data system or warehouse that collects local data through the Homeless Management Information System, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs.

As created by SB 1380, the Council was housed within HCD, which was also responsible for providing staff for the Council.

SB 850 (Senate Committee on Budget and Fiscal Review, Chapter 48, Statues of 2018) moved the Council from HCD to the Business, Consumer Services and Housing Agency. SB 850 also authorized the creation of an Executive Director to oversee the Council, as well as the allocation of several staff members.

The Council was created in part to oversee the state’s implementation of “Housing First.” By July 1, 2019, agencies and departments administering state programs relating to homelessness are required to collaborate with the Council to revise or adopt guidelines and regulations that incorporate core components of Housing First. To that end, the Council had adopted a Housing First Checklist to be used by state agencies to assess their homelessness-related programs and make recommendations on any changes required to bring their programs into alignment with Housing First statute. The council has also drafted, but not yet adopted, criteria for Housing First requirements and a proposed 2019 Action Plan is under consideration.

The Council is also responsible for the administration of $500 million in Homeless Emergency Aid Program block grant funds, which was created to provide one time funding to enable local governments to respond to homelessness. Those funds have been awarded to 43 CoCs and 11 large cities. Grant awardees have committed to allocating these funds to the following categories:

• 38 percent services;
• 34 percent capital improvements;
• 14 percent rental assistance;
• 7 percent homeless youth;
• 4 percent administration; and
• 3 percent other.

Related/Prior Legislation:

SB 333 (Wilk, 2019) requires the Council, by July 1, 2021, to develop and implement a statewide strategic plan for addressing homelessness in the state. This bill also requires the Council, by January 1, 2021, to implement strategic plans to assist HUD CoC lead agencies to better implement HUD recommended activities and/or better meet federal HUD requirements. This bill is waiting to be heard in the Assembly.

SB 573 (Chang, 2019) makes an annual appropriation of $250 million from the General Fund to the Homeless Emergency Aid Program, administered by the Council. This bill is waiting to be heard in the Assembly.

SB 687 (Rubio, 2019) increases the number of Council members appointed by the Governor from 17 to 20, requiring the Governor to additionally appoint a formerly homeless college student, a formerly homeless veteran, and a formerly homeless parent. This bill is waiting to be heard in the Assembly.

SB792 (Wilk, 2018) would have required the Council to develop and implement a statewide strategic plan for addressing homelessness in California and to better implement recommended activities and meet HUD requirements by July 1, 2020. This bill was held in the Assembly Appropriations Committee.

SB 850 (Senate Committee on Budget and Fiscal Review, Chapter 48, Statutes of 2018) provided for over $600 million in funding to various projects aimed at reducing homelessness. As well as moved the Council from HCD to the Business, Consumer Services, and Housing Agency. SB 850 also authorized the creation of an Executive Director to oversee the Council and provided for the allocation of several staff members.

SB 1380 (Mitchell, Chapter 847, Statues of 2016) established the Council to oversee implementation of the Housing First regulations and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. It also required state agencies or departments that fund, implement, or administer state housing or housing-related services programs to adopt guidelines and regulations to include Housing First policies.

AB 1618 (Assembly Committee on Budget, Chapter 43, Statutes of 2016) established the No Place Like Home Program to further the development of permanent supportive housing for persons who are in need of mental health services and are homeless, chronically homeless, or at risk of homelessness.

COMMENTS

With nearly 270,000 students experience homelessness in California’s kindergarten through 12^th grade classrooms, it seems to make sense to include a representative of the CDE on the Council. This will allow CDE information to be shared more easily with other council members and also help highlight the needs of homeless students.

As both this bill and SB 687 (Rubio, 2019) are proposing increases to the number of Council members appointed by the Governor, there may be a need to consider at what size the Council risks becoming too large to be effective. Current law provides for the governor to appoint up to 17 members of the Council, as provided. If both AB 58 and SB 687 were to pass, the Governor would appoint four additional members to the Council. This increase of council membership from 19 to 25 does not appear to make the Council unwieldly. However, if many additional appointments were considered in the future, this may become an issue.

This bill has been double-referred. Should the bill move out of this committee, it will be referred to the Senate Housing Committee.

PRIOR VOTES

POSITIONS

Support:

California Coalition for Youth

California School Employees Association

City of Santa Monica

Los Angeles County Office of Education

Los Angeles Unified School District

Oppose:

None received

-- END --

1. The 2018 Annual Homeless Assessment Report to Congress, The U.S. Department of Housing and Urban Development (December 2018) <https://www.hudexchange.info/resources/documents/2018-AHAR-Part-1.pdf> (as of March 11, 2019). ↑

2. For more information see: http://cahomelessyouth.library.ca.gov /docs/pdf/CaliforniasHomelessStudents_AGrowingPopulation.pdf ↑

Date of Hearing: April 3, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 58

Author:(Luz Rivas) – As Introduced Ver:December 3, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the governor to appoint a representative from the State Department of Education (CDE) to the Homeless Coordinating and Finance Council (Council).

FISCAL EFFECT:

Minor and absorbable costs to CDE to participate on the Council.

COMMENTS:

1. Purpose. This bill seeks to add an important resource to the Council by including a member from CDE. According to the author, “Given the critical role CDE plays in identifying and assisting homeless students and their families, the Council is currently lacking a vital resource for achieving their mission.”
2. Background. In 2016, SB 1380 (Mitchell), Chapter 847, created the Council to coordinate the state's response to homelessness. That bill requires all state agencies or departments operating programs that provide housing or housing-related services to people experiencing homelessness or at risk of homelessness to adopt guidelines and regulations that include Housing First policies. The governor is required to appoint up to 17 members of the Council including representatives of specified state agencies and departments, advocates and others at the governor’s discretion. The Council meets every quarter.

In 2017, SB 918 (Wiener), Chapter 841, requires the Council to set and measure progress toward goals to prevent and end homelessness among youth in California.

The federal McKinney-Vento Act, implemented by CDE, makes schools the first points of contact to identify, interface with, and assist homeless students and families.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: March 27, 2019

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

David Chiu, Chair

ABPCA Bill Id:AB 58 (

Author:Luz Rivas) – As Introduced Ver:December 3, 2018

SUBJECT: Homeless Coordinating and Financing Council

SUMMARY: Adds a representative of the California Department of Education (CDE) to the state Homeless Coordinating and Financing Council (HCFC).

EXISTING LAW:

1. Establishes the HCFC to be chaired by the Secretary of Business, Consumer Services, and Housing made up of the following members or their representatives:
2. A representative from the Department of Transportation;
3. A representative from the Department of Housing and Community Development;
4. A representative of the State Department of Social Services;
5. A representative of the California Housing Finance Agency;
6. A representative of the State Department of Health Care Services;
7. A representative of the Department of Veterans Affairs;
8. A representative of the Department of Corrections and Rehabilitation;
9. A representative from the California Tax Credit Allocation Committee in the Treasurer’s office;
10. A representative of the Victim Services Program within the Division of Grants Management within the Office of Emergency Services;
11. A formerly homeless person who lives in California;
12. A formerly homeless youth who lives in California;
13. Two representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program;
14. State advocates or other members of the public or state agencies, at  the Governor’s discretion; and
15. An appointee of the Senate Committee on Rules and the Speaker of the Assembly
16. Sets the following goals for the HCFC:
17. To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California;
18. To create partnerships among state and federal agencies and departments, local government agencies, and nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness;
19. To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age;
20. To coordinate existing funding and applications for competitive funding, without restructuring or changing any existing allocations or allocation formulas;
21. To make policy and procedural recommendations to legislators and other governmental entities;
22. To identify and seek funding opportunities for state entities that have programs to end homelessness and to facilitate and coordinate those state entities’ efforts to obtain that funding;
23. To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding;
24. To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California;
25. To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness; and
26. To ensure accountability and results in meeting the strategies and goals of the council.
27. Requires, after July 1, 2017, agencies and departments that implement funds, or administer a program that provides housing or housing-based services to people experiencing homelessness or at-risk of homelessness, with the exception of federally funded programs not consistent with housing first or programs that fund emergency shelters, to work with the state HCFC to adopt guidelines and regulations to incorporate core components of Housing First.

FISCAL EFFECT: Unknown

COMMENTS:

Purpose of this bill: According to the author, “currently, the more than 200,000 homeless students in California account for nearly 4 percent of the total public school population. This bill would give the CDE, who oversees and coordinates the homeless liaisons (LEA) tasked with identifying and assisting homeless students at every LEA, a seat at the table, the bill will help the HCFC accomplish its objective of combating homelessness. Per the federal McKinney-Vento Act, which is implemented by CDE, schools are often the first points of contact to identify interface with, and assist homeless students and families. However, CDE is not a member of the HCFC.”

Background: California is facing a homelessness and affordable housing crisis. In 2018, on a single night in January, 129,972 people experienced homelessness in California. California has twenty-four percent of the people in the nation experiencing homelessness. Nearly half of all unsheltered people in the country were in California. Although the number of people experiencing homelessness decreased slightly since 2017, the overall number of people experiencing homelessness has risen over five percent since 2010.

The homeless crisis is driven by the lack of affordable rental housing for lower income people. In the current market, 2.2 million extremely low-income and very low-income renter households are competing for 664,000 affordable rental units. Of the six million renter households in the state, 1.7 million are paying more than 50% of their income toward rent. The National Low Income Housing Coalition estimates that the state needs an additional 1.5 million housing units affordable to very-low income Californians.

Homeless youth: On a single night in January 2018, there were approximately 36,361 unaccompanied homeless youth under the age of 25, which represents between 7% and 10% of people experiencing homelessness as individuals. A homeless youth is defined as a minor younger than 18 or a young adult between 18 and 24 years old who is living independently without shelter. Homelessness among youth differs from homelessness among adults and families with children, and can often include sleeping on the streets, living in cars, living in shelters, or couch surfing – which refers to the practice of moving between temporary living arrangements, often a friend or family member’s couch, without a secure place to live. One in 30 adolescent minors between ages 13 and 17 experiences homelessness in a year, and roughly 25% involves couch surfing only. Due to increased susceptibility to exploitation and violence, homeless youth may develop substance use issues or engage in survival sex in order to find shelter or food.

LEAs: School districts, county offices of education, and charter schools – are required by the McKinney-Vento Act and by state law to identify homeless students enrolled in their schools and to provide them certain rights and supportive services. These rights include access to preschool; immediate enrollment without regard to immunization and other records; access to district-funded transportation services; exemption from certain local graduation requirements; the right to a fifth year of high school, if needed; and credit for partial coursework, among others. However, these rights and services are only granted once a designated McKinney-Vento liaison, teacher, or other district or school site employee has affirmatively identified a student as homeless.

As recently as 2017, over a quarter of California schools – about 2,700 of 10,500 schools – reported that they had identified no homeless students at all, and as a result provided no McKinney-Vento services. The largest of these include high schools with total enrollment over 2,500 students. According to the California Department of Education, at the district level, 400 districts statewide have reported enrolling zero homeless students.

HCFC: In 2016, SB 1380 (Mitchell), Chapter 847, created the HCFC to coordinate the state's response to homelessness. SB 1380 required all state agencies or departments that operate programs that provide housing or housing-related services to people experiencing homelessness or at risk of homelessness to adopt guidelines and regulations to include Housing First policies. In 2017, SB 918 (Wiener), Chapter 841 expanded the role of the HCFC to add a focus on homeless youth by requiring the HCFC to set and measure progress towards goals to prevent and end homelessness among youth in California. The HCFC meets every quarter.

In 2018, the HCFC was tasked with administering the Homeless Emergency Assistance Program (HEAP) to provide localities with flexible block grant funds to address their immediate homelessness challenges. To qualify to receive funds, a city, county or joint powers authority must declare a shelter crisis and a CoC must demonstrate collaboration with the city and county. Funding can be used for emergency housing vouchers, rapid re-housing, construction of emergency shelters, among other uses.

The Homeless Emergency Aid Block Grants provide $500 million in one-time funding to enable local governments to respond to homelessness. Allocations are as follows:

• $250 million to Continuums of Care based on 2017 homeless point in time count;
• $150 million direct allocation to a city or city that is also a county with a population of 330,000 or more as of January 1, 2018; and
• $100 million to Continuums of Care based on their percentage of the statewide 2017 homeless population.

Housing First Approach: Housing First is an evidence-based housing model that centers on

providing people experiencing homelessness with housing as quickly as possible and then

providing services as needed.  A core component of Housing First includes a tenant screening

process that promotes accepting applicants regardless of their sobriety or use of substances,

completion of treatment, or participation in services. This model recognizes that an individual

experiencing homelessness should be provided shelter and stability before underlying issues can

be successfully tackled. The housing first model is contrasted with a model known as “housing

readiness,” which is exhibited in some transitional housing models. This model requires

homeless people to earn their way into transitional housing and make progress on certain goals;

when they are deemed well enough; they earn their spot in permanent housing. The Federal government through the leadership of the US Interagency Council of Homelessness has successfully integrated the housing first approach into programs at the federal level.

REGISTERED SUPPORT / OPPOSITION:

Support

California Alternative Payment Program Association

California Coalition for Youth

California School Employees Association

City of Santa Monica

Corporation for Supportive Housing

Housing California

John Burton Advocates for Youth

Los Angeles County Office of Education

Los Angeles Homeless Services Authority

Non-Profit Housing Association of Northern California

Shelter Partnership

Southern California Association of NonProfit Housing

Union Station Homeless Services

Opposition

None on file.

Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085