AB 535: Veterans’ aid and welfare: housing.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-29
Current Status:
Passed
(2024-09-29: Chaptered by Secretary of State - Chapter 918, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill changes eligibility rules for California veteran housing programs by barring agencies from counting service-connected disability benefits when calculating a veteran's income and by defining “secondary tenant” as any homeless veteran with income up to 60 percent of the area median income. It affects veterans applying for supportive, affordable, or transitional housing and the state agencies that place tenants into those units.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law, the Veterans Housing and Homeless Prevention Act of 2014 (the act), requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (referred to collectively as the departments) to establish and implement programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness, as specified. In this regard, existing law requires the departments to establish and implement programs that, among other things, prioritize projects that combine housing and supportive services. Existing law requires the departments to ensure at least 50% of funds awarded for capital development provide housing to veteran households with extremely low incomes. Existing law requires a determination of whether a potential tenant is eligible under those provisions to consider all of a households income sources upon initial tenancy, as specified.
Existing law, for purposes of supportive housing units that are restricted to extremely low income veterans pursuant to a regulatory agreement with the committee, authorizes an entity tasked with making referrals of those units targeted to extremely low income households that is unable to place a qualified tenant in a qualified unit, as specified, to match prospective secondary tenants to qualified units. For purposes of the act, existing law defines a secondary tenant as (1) a veteran who is homeless, has an income of up to 50% of the median income, and is receiving income as a result of service-connected disability benefits or (2) a veteran who is homeless and has an income of up to 60% of the area median income, but would otherwise have an income below 50% of the area median income if not for their income as a result of their service-connected disability. For purposes of supportive housing for veterans funded by tax credits and private activity bonds, existing law defines a secondary tenant as a veteran who is homeless, who has an income of up to 60% of the area median income, and who is receiving income as a result of service-connected disability benefits.
This bill would instead, for both purposes described above, define a secondary tenant to mean a veteran who is homeless and has an income of up to 60% of the area median income. The bill would prohibit a determination of whether a potential tenant is eligible for supportive, affordable, or transitional housing under the act from considering a potential tenants service-connected disability benefits.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Veterans Housing and Homeless Prevention Act of 2014 (the act), requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (referred to collectively as the departments) to establish and implement programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness, as specified. In this regard, existing law requires the departments to establish and implement programs that, among other things, prioritize projects that combine housing and supportive services. Existing law requires the departments to ensure at least 50% of funds awarded for capital development provide housing to veteran households with extremely low incomes. Existing law requires a determination of whether a potential tenant is eligible under those provisions to consider all of a households income sources upon initial tenancy, as specified.
Existing law, for purposes of supportive housing units that are restricted to extremely low income veterans pursuant to a regulatory agreement with the committee, authorizes an entity tasked with making referrals of those units targeted to extremely low income households that is unable to place a qualified tenant in a qualified unit, as specified, to match prospective secondary tenants to qualified units. For purposes of the act, existing law defines a secondary tenant as (1) a veteran who is homeless, has an income of up to 50% of the median income, and is receiving income as a result of service-connected disability benefits or (2) a veteran who is homeless and has an income of up to 60% of the area median income, but would otherwise have an income below 50% of the area median income if not for their income as a result of their service-connected disability. For purposes of supportive housing for veterans funded by tax credits and private activity bonds, existing law defines a secondary tenant as a veteran who is homeless, who has an income of up to 60% of the area median income, and who is receiving income as a result of service-connected disability benefits.
This bill would instead, for both purposes described above, define a secondary tenant to mean a veteran who is homeless and has an income of up to 60% of the area median income. The bill would prohibit a determination of whether a potential tenant is eligible for supportive, affordable, or transitional housing under the act from considering a potential tenants service-connected disability benefits.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Veterans Housing and Homeless Prevention Act of 2014 (the act), requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (referred to collectively as the departments) to establish and implement programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness, as specified. In this regard, existing law requires the departments to establish and implement programs that, among other things, prioritize projects that combine housing and supportive services. Existing law requires the departments to ensure at least 50% of funds awarded for capital development provide housing to veteran households with extremely low incomes. Existing law requires a determination of whether a potential tenant is eligible under those provisions to consider all of a households income sources upon initial tenancy, as specified.
Existing law, for purposes of supportive housing units that are restricted to extremely low income veterans pursuant to a regulatory agreement with the committee, authorizes an entity tasked with making referrals of those units targeted to extremely low income households that is unable to place a qualified tenant in a qualified unit, as specified, to match prospective secondary tenants to qualified units. For purposes of the act, existing law defines a secondary tenant as (1) a veteran who is homeless, has an income of up to 50% of the median income, and is receiving income as a result of service-connected disability benefits or (2) a veteran who is homeless and has an income of up to 60% of the area median income, but would otherwise have an income below 50% of the area median income if not for their income as a result of their service-connected disability. For purposes of supportive housing for veterans funded by tax credits and private activity bonds, existing law defines a secondary tenant as a veteran who is homeless, who has an income of up to 60% of the area median income, and who is receiving income as a result of service-connected disability benefits.
This bill would instead, for both purposes described above, define a secondary tenant to mean a veteran who is homeless and has an income of up to 60% of the area median income. The bill would prohibit a determination of whether a potential tenant is eligible for supportive, affordable, or transitional housing under the act from considering a potential tenants service-connected disability benefits.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes a single system for providing support to local educational agencies and schools and for specified federal educational programs. Existing law provides that the purpose of the statewide system of support is to build the capacity of local educational agencies, as specified.Existing law requires the State Department of Education and the California Collaborative for Educational Excellence to establish a process, administered by the department, to select, subject to approval by the executive director of the State Board of Education, an expert lead agency based on specific expertise in an area of need to conduct activities and build statewide capacity to address that area of need within the statewide system of support, as well as geographic lead agencies for other specified purposes, as provided.This bill would, contingent upon an appropriation for these purposes, require the Superintendent of Public Instruction, on or before July 1, 2024, to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the California Collaborative for Educational Excellence and to establish library and literacy services that support the statewide system of support. The bill would specify that the Statewide School Library Leads duties include, among other things, enhancing the states investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan and working directly with school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.Existing law establishes a single system for providing support to local educational agencies and schools and for specified federal educational programs. Existing law provides that the purpose of the statewide system of support is to build the capacity of local educational agencies, as specified.
Existing law requires the State Department of Education and the California Collaborative for Educational Excellence to establish a process, administered by the department, to select, subject to approval by the executive director of the State Board of Education, an expert lead agency based on specific expertise in an area of need to conduct activities and build statewide capacity to address that area of need within the statewide system of support, as well as geographic lead agencies for other specified purposes, as provided.
This bill would, contingent upon an appropriation for these purposes, require the Superintendent of Public Instruction, on or before July 1, 2024, to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the California Collaborative for Educational Excellence and to establish library and literacy services that support the statewide system of support. The bill would specify that the Statewide School Library Leads duties include, among other things, enhancing the states investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan and working directly with local educational agencies, including school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
Existing law establishes a single system for providing support to local educational agencies and schools and for specified federal educational programs. Existing law provides that the purpose of the statewide system of support is to build the capacity of local educational agencies, as specified.
Existing law requires the State Department of Education and the California Collaborative for Educational Excellence to establish a process, administered by the department, to select, subject to approval by the executive director of the State Board of Education, an expert lead agency based on specific expertise in an area of need to conduct activities and build statewide capacity to address that area of need within the statewide system of support, as well as geographic lead agencies for other specified purposes, as provided.
This bill would, contingent upon an appropriation for these purposes, require the Superintendent of Public Instruction, on or before July 1, 2024, to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the California Collaborative for Educational Excellence and to establish library and literacy services that support the statewide system of support. The bill would specify that the Statewide School Library Leads duties include, among other things, enhancing the states investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan and working directly with local educational agencies, including county offices of education, to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
As used in this article:
(a)Affordable rental housing shall mean a rental housing development, as defined in subdivision (d) of Section 50675.2 of the Health and Safety Code, with affordable rents, as defined in subdivision (a) of Section 50675.2 of the Health and Safety Code, but neither definition is restrictive to only projects with five or more units.
(b)Extremely low income has the same meaning as defined in Section 50106 of the Health and Safety Code.
(c)Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
(d)Qualified entity means an entity that is responsible for making referrals of qualified tenants to qualified units.
(e)Qualified tenant means an extremely low income veteran who is homeless.
(f)Qualified unit means a supportive housing unit restricted to extremely low income veterans pursuant to this article.
(g)Secondary tenants means a veteran who is homeless and has an income of up to 60 percent of the area median income.
(h)Supportive housing has the same meaning as defined in subdivision (h) of Section 50675.2 of the Health and Safety Code, but is not restrictive to only projects with five or more units.
(i)Transitional housing has the same meaning as defined in subdivision (i) of Section 50675.2 of the Health and Safety Code, but is not restrictive to only projects with five or more units.
(j)Veteran means any person who served in the active military, naval, or air service of the United States, or as a member of the National Guard who was called to and released from active duty or active service, for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period.
SEC. 2.Section 987.005 of the Military and Veterans Code is amended to read:987.005.(a)The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1)Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2)Ensure projects combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3)Promote public and private partnerships.
(4)Foster innovative financing opportunities.
(5)Ensure program guidelines and terms provide threshold requirements to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b)(1)The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes.
(2)Except as provided in paragraph (5) and subdivision (h), in determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a households income sources upon initial tenancy.
(3)At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(4)This section shall not deter the departments from funding projects serving mixed-income populations.
(5)(A)A qualified entity tasked with making referrals to qualified units targeted to extremely low income households may submit a petition to the departments pursuant to subdivision (c) for the purposes of requesting authority to lease the qualified unit to secondary tenants if the qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 60 days of the unit becoming available. The qualified entity may submit an application to the departments 30 days after the unit becoming available for occupancy, provided that the unit is vacant for at least 60 days at the time the departments approve the petition. The departments may not approve a petition if it would result in any changes other than tenant income eligibility criteria, as described in this section, that may impact the projects regulatory agreement.
(B)This shall include circumstances in which approving a petition for a qualified entity to house tenants with incomes up to 60 percent of the area median income would cause a supported development to have less than 50 percent of its units occupied by tenants with extremely low incomes. The supported development shall not have less than 30 percent of its units occupied by tenants with extremely low incomes.
(C)If a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), that unit shall be redesignated to an area medium income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household incomes percentage of the area medium income.
(D)Beginning 12 months after the petition has been approved, if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), the next available comparable unit shall then be rented to a qualified tenant at 30 percent of the area medium income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement.
(6)The qualified entity tasked with making referrals to these units shall make a good faith effort to match a tenant with an extremely low income before submitting a petition to the departments, document these good faith efforts, submit this documentation as part of the petition, and make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the departments. Documentation of these good faith efforts shall include, but not be limited to, the following:
(A)Efforts to advertise to the community at least 90 days prior to the lease-up of the building.
(B)Efforts to work in partnership with local homeless services providers, including those that serve veterans experiencing homelessness.
(C)Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes.
(D)Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes.
(E)Documentation of contact with veterans experiencing homelessness with extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit.
(c)The departments shall create a standardized form for the submission of petitions described in paragraph (5) of subdivision (b).
(1)Upon receiving a petition pursuant to this section, the departments shall do both of the following:
(A)Review the petition and decide if the qualified unit is eligible to accept secondary tenants under all applicable guidelines, rules, and regulations, and other laws established by the Internal Revenue Service and the departments.
(B)Provide a written determination approving or denying the petition. The written determination shall be provided to the qualified entity as soon as possible, but no later than 30 days after the departments receive the petition.
(2)If necessary, the departments may create written rules for the review of and determination on the petitions that are consistent with the requirements of this section, including, but not limited to, additional rules related to projects seeking approval before permanent loan conversion.
(d)The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(e)Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
(f)(1)Notwithstanding any other law, a housing developer or service provider that provides housing or services pursuant to this article may provide housing or services to female veterans and their children in women-only facilities in limited instances in which a female veteran (A) has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
(2)A housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
(3)For purposes of this subdivision, women-only facilities means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
(g)In administering the programs established under this article, the departments shall do all of the following:
(1)Make program funds available at the same time funds, if any, are made available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
(2)Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this article in addition to those used in the Multifamily Housing Program.
(3)Administer funds subject to this article in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
(4)Only applications serving veterans and meeting any additional threshold requirements established by the departments, shall be eligible to receive funds pursuant to this article.
(h)In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing under this article, an income eligibility determination shall not take into consideration service-connected disability benefits received by the potential tenant.
SEC. 3.Section 987.300 of the Military and Veterans Code is amended to read:987.300.(a)If a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 28 days of the qualified unit becoming available, the qualified entity shall be eligible to match secondary tenants to the qualified units and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat secondary tenants as eligible for the qualified unit.
(b)If, subsequent to the 14 days of the unit becoming available to secondary tenants, the qualified entity is unable to locate, match, or otherwise place either a qualified tenant or a secondary tenant in a qualified unit, the qualified entity shall be eligible to match a veteran experiencing homelessness with an income at or below 60 percent of area median income to the qualified unit and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat the tenants as eligible for the qualified unit.
(c)If a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subdivision (a) or (b), that unit shall be redesignated to an area medium income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household incomes percentage of the area medium income.
(d)Beginning 12 months after a secondary tenant or other tenant who is a veteran experiencing homelessness has been placed pursuant to subdivision (a) or (b), if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a tenant with an income between 30 and 60 percent of area median income pursuant to subdivisions (a) or (b), the next available comparable unit shall then be rented to a qualified tenant at 30 percent of the area medium income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement.
(e)(1)The qualified entity tasked with making referrals to qualified units shall make a good faith effort to match a qualified tenant with an extremely low income, shall document these good faith efforts, and shall make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs. Documentation of these good faith efforts shall include, but not be limited to, the following:
(A)Efforts to advertise to the community at least 90 days prior to the lease-up of the building.
(B)Efforts to work in partnership with local homeless services providers, including those that serve veterans experiencing homelessness.
(C)Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes.
(D)Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes.
(E)Documentation of contact with veterans experiencing homelessness with extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit.
(2)The California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee may adopt regulations to establish additional documentation standards for demonstrating a good faith effort.
(f)If a qualified entity has submitted a petition to the department pursuant to Section 987.005 for a unit that is a qualified unit under both this section and Section 987.003, the outcome of the petition submitted pursuant to Section 987.005 shall determine whether the qualified entity is able to refer secondary tenants.
(g)For purposes of this section, the following definitions apply:
(1)Extremely low income has the same meaning as defined in Section 50106 of the Health and Safety Code.
(2)Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
(3)Qualified entity means an entity that is responsible for making referrals of qualified tenants to qualified units.
(4)Qualified tenant means an extremely low income veteran who is homeless.
(5)Qualified unit means a supportive housing unit restricted to extremely low income veterans pursuant to a regulatory agreement with the California Tax Credit Allocation Committee or with a bond issuer under the private activity bonds program administered by the California Debt Limit Allocation Committee.
(6)Secondary tenants means a veteran who is homeless and has an income of up to 60 percent of the area median income.
(7)Supportive housing unit has the same meaning as defined in Section 987.003.
(8)Veteran has the same meaning as defined in Section 987.003.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure newly promulgated federal regulations, which went into effect immediately and exclude disability benefits from income calculations, do not result in nearly eligible HUD-Veterans Affairs Supportive Housing (HUD-VASH) recipients being turned away from state-supported veteran supportive housing in California that is intended to serve HUD-VASH recipients, it is necessary that this act take effect immediately.
As used in this article:
(a)Affordable rental housing shall mean a rental housing development, as defined in subdivision (d) of Section 50675.2 of the Health and Safety Code, with affordable rents, as defined in subdivision (a) of Section 50675.2 of the Health and Safety Code, but neither definition is restrictive to only projects with five or more units.
(b)Extremely low income has the same meaning as defined in Section 50106 of the Health and Safety Code.
(c)Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
(d)Qualified entity means an entity that is responsible for making referrals of qualified tenants to qualified units.
(e)Qualified tenant means an extremely low income veteran who is homeless.
(f)Qualified unit means a supportive housing unit restricted to extremely low income veterans pursuant to this article.
(g)Secondary tenants means a veteran who is homeless and has an income of up to 60 percent of the area median income.
(h)Supportive housing has the same meaning as defined in subdivision (h) of Section 50675.2 of the Health and Safety Code, but is not restrictive to only projects with five or more units.
(i)Transitional housing has the same meaning as defined in subdivision (i) of Section 50675.2 of the Health and Safety Code, but is not restrictive to only projects with five or more units.
(j)Veteran means any person who served in the active military, naval, or air service of the United States, or as a member of the National Guard who was called to and released from active duty or active service, for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period.
SEC. 2.Section 987.005 of the Military and Veterans Code is amended to read:987.005.(a)The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1)Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2)Ensure projects combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3)Promote public and private partnerships.
(4)Foster innovative financing opportunities.
(5)Ensure program guidelines and terms provide threshold requirements to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b)(1)The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes.
(2)Except as provided in paragraph (5) and subdivision (h), in determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a households income sources upon initial tenancy.
(3)At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(4)This section shall not deter the departments from funding projects serving mixed-income populations.
(5)(A)A qualified entity tasked with making referrals to qualified units targeted to extremely low income households may submit a petition to the departments pursuant to subdivision (c) for the purposes of requesting authority to lease the qualified unit to secondary tenants if the qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 60 days of the unit becoming available. The qualified entity may submit an application to the departments 30 days after the unit becoming available for occupancy, provided that the unit is vacant for at least 60 days at the time the departments approve the petition. The departments may not approve a petition if it would result in any changes other than tenant income eligibility criteria, as described in this section, that may impact the projects regulatory agreement.
(B)This shall include circumstances in which approving a petition for a qualified entity to house tenants with incomes up to 60 percent of the area median income would cause a supported development to have less than 50 percent of its units occupied by tenants with extremely low incomes. The supported development shall not have less than 30 percent of its units occupied by tenants with extremely low incomes.
(C)If a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), that unit shall be redesignated to an area medium income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household incomes percentage of the area medium income.
(D)Beginning 12 months after the petition has been approved, if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), the next available comparable unit shall then be rented to a qualified tenant at 30 percent of the area medium income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement.
(6)The qualified entity tasked with making referrals to these units shall make a good faith effort to match a tenant with an extremely low income before submitting a petition to the departments, document these good faith efforts, submit this documentation as part of the petition, and make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the departments. Documentation of these good faith efforts shall include, but not be limited to, the following:
(A)Efforts to advertise to the community at least 90 days prior to the lease-up of the building.
(B)Efforts to work in partnership with local homeless services providers, including those that serve veterans experiencing homelessness.
(C)Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes.
(D)Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes.
(E)Documentation of contact with veterans experiencing homelessness with extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit.
(c)The departments shall create a standardized form for the submission of petitions described in paragraph (5) of subdivision (b).
(1)Upon receiving a petition pursuant to this section, the departments shall do both of the following:
(A)Review the petition and decide if the qualified unit is eligible to accept secondary tenants under all applicable guidelines, rules, and regulations, and other laws established by the Internal Revenue Service and the departments.
(B)Provide a written determination approving or denying the petition. The written determination shall be provided to the qualified entity as soon as possible, but no later than 30 days after the departments receive the petition.
(2)If necessary, the departments may create written rules for the review of and determination on the petitions that are consistent with the requirements of this section, including, but not limited to, additional rules related to projects seeking approval before permanent loan conversion.
(d)The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(e)Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
(f)(1)Notwithstanding any other law, a housing developer or service provider that provides housing or services pursuant to this article may provide housing or services to female veterans and their children in women-only facilities in limited instances in which a female veteran (A) has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
(2)A housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
(3)For purposes of this subdivision, women-only facilities means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
(g)In administering the programs established under this article, the departments shall do all of the following:
(1)Make program funds available at the same time funds, if any, are made available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
(2)Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this article in addition to those used in the Multifamily Housing Program.
(3)Administer funds subject to this article in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
(4)Only applications serving veterans and meeting any additional threshold requirements established by the departments, shall be eligible to receive funds pursuant to this article.
(h)In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing under this article, an income eligibility determination shall not take into consideration service-connected disability benefits received by the potential tenant.
SEC. 3.Section 987.300 of the Military and Veterans Code is amended to read:987.300.(a)If a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 28 days of the qualified unit becoming available, the qualified entity shall be eligible to match secondary tenants to the qualified units and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat secondary tenants as eligible for the qualified unit.
(b)If, subsequent to the 14 days of the unit becoming available to secondary tenants, the qualified entity is unable to locate, match, or otherwise place either a qualified tenant or a secondary tenant in a qualified unit, the qualified entity shall be eligible to match a veteran experiencing homelessness with an income at or below 60 percent of area median income to the qualified unit and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat the tenants as eligible for the qualified unit.
(c)If a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subdivision (a) or (b), that unit shall be redesignated to an area medium income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household incomes percentage of the area medium income.
(d)Beginning 12 months after a secondary tenant or other tenant who is a veteran experiencing homelessness has been placed pursuant to subdivision (a) or (b), if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a tenant with an income between 30 and 60 percent of area median income pursuant to subdivisions (a) or (b), the next available comparable unit shall then be rented to a qualified tenant at 30 percent of the area medium income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement.
(e)(1)The qualified entity tasked with making referrals to qualified units shall make a good faith effort to match a qualified tenant with an extremely low income, shall document these good faith efforts, and shall make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs. Documentation of these good faith efforts shall include, but not be limited to, the following:
(A)Efforts to advertise to the community at least 90 days prior to the lease-up of the building.
(B)Efforts to work in partnership with local homeless services providers, including those that serve veterans experiencing homelessness.
(C)Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes.
(D)Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes.
(E)Documentation of contact with veterans experiencing homelessness with extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit.
(2)The California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee may adopt regulations to establish additional documentation standards for demonstrating a good faith effort.
(f)If a qualified entity has submitted a petition to the department pursuant to Section 987.005 for a unit that is a qualified unit under both this section and Section 987.003, the outcome of the petition submitted pursuant to Section 987.005 shall determine whether the qualified entity is able to refer secondary tenants.
(g)For purposes of this section, the following definitions apply:
(1)Extremely low income has the same meaning as defined in Section 50106 of the Health and Safety Code.
(2)Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
(3)Qualified entity means an entity that is responsible for making referrals of qualified tenants to qualified units.
(4)Qualified tenant means an extremely low income veteran who is homeless.
(5)Qualified unit means a supportive housing unit restricted to extremely low income veterans pursuant to a regulatory agreement with the California Tax Credit Allocation Committee or with a bond issuer under the private activity bonds program administered by the California Debt Limit Allocation Committee.
(6)Secondary tenants means a veteran who is homeless and has an income of up to 60 percent of the area median income.
(7)Supportive housing unit has the same meaning as defined in Section 987.003.
(8)Veteran has the same meaning as defined in Section 987.003.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure newly promulgated federal regulations, which went into effect immediately and exclude disability benefits from income calculations, do not result in nearly eligible HUD-Veterans Affairs Supportive Housing (HUD-VASH) recipients being turned away from state-supported veteran supportive housing in California that is intended to serve HUD-VASH recipients, it is necessary that this act take effect immediately.
As used in this article:
(a)Affordable rental housing shall mean a rental housing development, as defined in subdivision (d) of Section 50675.2 of the Health and Safety Code, with affordable rents, as defined in subdivision (a) of Section 50675.2 of the Health and Safety Code, but neither definition is restrictive to only projects with five or more units.
(b)Extremely low income has the same meaning as defined in Section 50106 of the Health and Safety Code.
(c)Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
(d)Qualified entity means an entity that is responsible for making referrals of qualified tenants to qualified units.
(e)Qualified tenant means an extremely low income veteran who is homeless.
(f)Qualified unit means a supportive housing unit restricted to extremely low income veterans pursuant to this article.
(g)Secondary tenants means a veteran who is homeless who has an income of up to 50 percent of the area median income and is receiving income as a result of service-connected disability benefits, or a veteran who is homeless and has an income of up to 60 percent of the area median income, but would otherwise have an income below 50 percent of area median income if not for their income as a result of service-connected disability. income.
(h)Supportive housing has the same meaning as defined in paragraph (2) of subdivision (b) of Section 50675.14 subdivision (h) of Section 50675.2 of the Health and Safety Code, but is not restrictive to only projects with five or more units.
(i)Transitional housing has the same meaning as defined in subdivision (h) (i) of Section 50675.2 of the Health and Safety Code, but is not restrictive to only projects with five or more units.
(j)Veteran means any person who served in the active military, naval, or air service of the United States, or as a member of the National Guard who was called to and released from active duty or active service, for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period.
SEC. 2.Section 987.005 of the Military and Veterans Code is amended to read:987.005.(a)The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1)Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2)Ensure projects combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3)Promote public and private partnerships.
(4)Foster innovative financing opportunities.
(5)Ensure program guidelines and terms provide threshold requirements to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b)(1)The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes.
(2)Except as provided in paragraph (5), (5) and subdivision (h), in determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a households income sources upon initial tenancy.
(3)At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(4)This section shall not deter the departments from funding projects serving mixed-income populations.
(5)(A)A qualified entity tasked with making referrals to qualified units targeted to extremely low income households may submit a petition to the departments pursuant to subdivision (c) for the purposes of requesting authority to lease the qualified unit to secondary tenants if the qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 60 days of the unit becoming available. The qualified entity may submit an application to the departments 30 days after the unit becoming available for occupancy, provided that the unit is vacant for at least 60 days at the time the departments approve the petition. The departments may not approve a petition if it would result in any changes other than tenant income eligibility criteria, as described in this section, that may impact the projects regulatory agreement.
(B)This shall include circumstances in which approving a petition for a qualified entity to house tenants with incomes up to 60 percent of the area median income would cause a supported development to have less than 50 percent of its units occupied by tenants with extremely low incomes. The supported development shall not have less than 30 percent of its units occupied by tenants with extremely low incomes.
(C)If a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), that unit shall be redesignated to an area medium income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household incomes percentage of the area medium income.
(D)Beginning 12 months after the petition has been approved, if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), the next available comparable unit shall then be rented to a qualified tenant at 30 percent of the area medium income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement.
(6)The qualified entity tasked with making referrals to these units shall make a good faith effort to match a tenant with an extremely low income before submitting a petition to the departments, document these good faith efforts, submit this documentation as part of the petition, and make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the departments. Documentation of these good faith efforts shall include, but not be limited to, the following:
(A)Efforts to advertise to the community at least 90 days prior to the lease-up of the building.
(B)Efforts to work in partnership with local homeless services providers, including those that serve veterans experiencing homelessness.
(C)Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes.
(D)Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes.
(E)Documentation of contact with veterans experiencing homelessness with extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit.
(c)The departments shall create a standardized form for the submission of petitions described in paragraph (5) of subdivision (b).
(1)Upon receiving a petition pursuant to this section, the departments shall do both of the following:
(A)Review the petition and decide if the qualified unit is eligible to accept secondary tenants under all applicable guidelines, rules, and regulations, and other laws established by the Internal Revenue Service and the departments.
(B)Provide a written determination approving or denying the petition. The written determination shall be provided to the qualified entity as soon as possible, but no later than 30 days after the departments receive the petition.
(2)If necessary, the departments may create written rules for the review of and determination on the petitions that are consistent with the requirements of this section, including, but not limited to, additional rules related to projects seeking approval before permanent loan conversion.
(d)The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(e)Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
(f)(1)Notwithstanding any other law, a housing developer or service provider that provides housing or services pursuant to this article may provide housing or services to female veterans and their children in women-only facilities in limited instances in which a female veteran (A) has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
(2)A housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
(3)For purposes of this subdivision, women-only facilities means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
(g)In administering the programs established under this article, the departments shall do all of the following:
(1)Make program funds available at the same time funds, if any, are made available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
(2)Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this article in addition to those used in the Multifamily Housing Program.
(3)Administer funds subject to this article in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
(4)Only applications serving veterans and meeting any additional threshold requirements established by the departments, shall be eligible to receive funds pursuant to this article.
(h)In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing under this article, an income eligibility determination shall not take into consideration service-connected disability benefits received by the potential tenant.
SEC. 3.Section 987.300 of the Military and Veterans Code is amended to read:987.300.(a)If a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 28 days of the qualified unit becoming available, the qualified entity shall be eligible to match secondary tenants to the qualified units and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat secondary tenants as eligible for the qualified unit.
(b)If, subsequent to the 14 days of the unit becoming available to secondary tenants, the qualified entity is unable to locate, match, or otherwise place either a qualified tenant or a secondary tenant in a qualified unit, the qualified entity shall be eligible to match a veteran experiencing homelessness with an income at or below 60 percent of area median income to the qualified unit and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat the tenants as eligible for the qualified unit.
(c)If a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subdivision (a) or (b), that unit shall be redesignated to an area medium income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household incomes percentage of the area medium income.
(d)Beginning 12 months after a secondary tenant or other tenant who is a veteran experiencing homelessness has been placed pursuant to subdivision (a) or (b), if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a tenant with an income between 30 and 60 percent of area median income pursuant to subdivisions (a) or (b), the next available comparable unit shall then be rented to a qualified tenant at 30 percent of the area medium income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement.
(e)(1)The qualified entity tasked with making referrals to qualified units shall make a good faith effort to match a qualified tenant with an extremely low income, shall document these good faith efforts, and shall make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs. Documentation of these good faith efforts shall include, but not be limited to, the following:
(A)Efforts to advertise to the community at least 90 days prior to the lease-up of the building.
(B)Efforts to work in partnership with local homeless services providers, including those that serve veterans experiencing homelessness.
(C)Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes.
(D)Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes.
(E)Documentation of contact with veterans experiencing homelessness with extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit.
(2)The California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee may adopt regulations to establish additional documentation standards for demonstrating a good faith effort.
(f)If a qualified entity has submitted a petition to the department pursuant to Section 987.005 for a unit that is a qualified unit under both this section and Section 987.003, the outcome of the petition submitted pursuant to Section 987.005 shall determine whether the qualified entity is able to refer secondary tenants.
(g)For purposes of this section, the following definitions apply:
(1)Extremely low income has the same meaning as defined in Section 50106 of the Health and Safety Code.
(2)Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
(3)Qualified entity means an entity that is responsible for making referrals of qualified tenants to qualified units.
(4)Qualified tenant means an extremely low income veteran who is homeless.
(5)Qualified unit means a supportive housing unit restricted to extremely low income veterans pursuant to a regulatory agreement with the California Tax Credit Allocation Committee or with a bond issuer under the private activity bonds program administered by the California Debt Limit Allocation Committee.
(6)Secondary tenants means a veteran who is homeless who and has an income of up to 60 percent of the area median income and is receiving income as a result of service-connected disability benefits. income.
(7)Supportive housing unit has the same meaning as defined in Section 987.003.
(8)Veteran has the same meaning as defined in Section 987.003.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure newly promulgated federal regulations, which went into effect immediately and exclude disability benefits from income calculations, do not result in nearly eligible HUD-Veterans Affairs Supportive Housing (HUD-VASH) recipients being turned away from state-supported veteran supportive housing in California that is intended to serve HUD-VASH recipients, it is necessary that this act take effect immediately.
SECTION 1.Section 52073.4 is added to the Education Code, to read:52073.4.(a)On or before July 1, 2024, the Superintendent shall select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the California Collaborative for Educational Excellence and to establish library and literacy services that support the statewide system of support. The statewide school library leads duties shall include, but not be limited to, all of the following:(1)Enhancing the states investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan.(2)Working collaboratively with local Literacy Lead Agencies, the California Dyslexia Initiative, Comprehensive Literacy State Development Grant recipients, Learning Acceleration System Grant recipients, the California SUMS (Scaling Up Multi-Tiered System of Support Statewide) Initiative, and Reading Instruction and Intervention Grant recipients.(3)Working directly with school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.(4)Working with local and regional entities to facilitate the integration of media and information literacy into the curriculum, scale up collaboration and coteaching with teacher librarians, and promote the role of the Model School Library Standards for California Public Schools in preparing a globally competent workforce.(5)Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being.(6)Working with local and regional entities to engage with families and communities to better synthesize, integrate, and extend literacy programs in a coherent and comprehensive manner.(b)The implementation of this section shall be contingent upon an appropriation for these purposes in the annual Budget Act or another statute.(a)On or before July 1, 2024, the Superintendent shall select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the California Collaborative for Educational Excellence and to establish library and literacy services that support the statewide system of support. The statewide school library leads duties shall include, but not be limited to, all of the following:
(1)Enhancing the states investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan.
(2)Working collaboratively with local Literacy Lead Agencies, the California Dyslexia Initiative, Comprehensive Literacy State Development Grant recipients, Learning Acceleration System Grant recipients, the California SUMS (Scaling Up Multi-Tiered System of Support Statewide) Initiative, and Reading Instruction and Intervention Grant recipients.
(3)Working directly with local educational agencies, including school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
(4)Working with local and regional entities to facilitate the integration of media and information literacy into the curriculum, scale up collaboration and coteaching with teacher librarians, and promote the role of the Model School Library Standards for California Public Schools in preparing a globally competent workforce.
(5)Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being.
(6)Working with local and regional entities to engage with families and communities to better synthesize, integrate, and extend literacy programs in a coherent and comprehensive manner.
(b)The implementation of this section shall be contingent upon an appropriation for these purposes in the annual Budget Act or another statute.
(a)On or before July 1, 2024, the Superintendent shall select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the California Collaborative for Educational Excellence and to establish library and literacy services that support the statewide system of support. The statewide school library leads duties shall include, but not be limited to, all of the following:
(1)Enhancing the states investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan.
(2)Working collaboratively with local Literacy Lead Agencies, the California Dyslexia Initiative, Comprehensive Literacy State Development Grant recipients, Learning Acceleration System Grant recipients, the California SUMS (Scaling Up Multi-Tiered System of Support Statewide) Initiative, and Reading Instruction and Intervention Grant recipients.
(3)Working directly with local educational agencies, including county offices of education, to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
(4)Working with local and regional entities to facilitate the integration of media and information literacy into the curriculum, scale up collaboration and coteaching with teacher librarians, and promote the role of the Model School Library Standards for California Public Schools in preparing a globally competent workforce.
(5)Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being.
(6)Working with local and regional entities to engage with families and communities to better synthesize, integrate, and extend literacy programs in a coherent and comprehensive manner.
(b)The implementation of this section shall be contingent upon an appropriation for these purposes in the annual Budget Act or another statute.
|
Date
|
Status
|
|---|---|
| Sep 29, 2024 | Chaptered by Secretary of State - Chapter 918, Statutes of 2024. |
| Sep 29, 2024 | Approved by the Governor. |
| Sep 12, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2024 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Aug 31, 2024 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 30, 2024 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 29, 2024 | Read second time. Ordered to third reading. |
| Aug 28, 2024 | From committee: Do pass. (Ayes 7. Noes 0.) (August 28). |
| Aug 27, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (August 27). Re-referred to Com. on APPR. |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 26, 2024 | Re-referred to Com. on RLS pursuant to Senate Rule 29.10(C). |
| Aug 26, 2024 | Re-referred to Com. on HOUSING. |
| Aug 26, 2024 | Joint Rules 61 and 62 suspended. |
| Aug 22, 2024 | Read second time and amended. Ordered returned to second reading. |
| Aug 22, 2024 | Ordered to second reading. |
| Aug 22, 2024 | From inactive file. |
| Sep 11, 2023 | From special consent calendar |
| Sep 11, 2023 | Ordered to inactive file at the request of Senator Limón. |
| Sep 8, 2023 | Ordered to special consent calendar. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | From committee: Do pass. (Ayes 7. Noes 0.) (September 1). |
| Jul 3, 2023 | In committee: Referred to APPR suspense file. |
| Jun 21, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Jun 14, 2023 | Referred to Com. on ED. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 2054.) |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 18). |
| Apr 19, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 6, 2023 | Re-referred to Com. on APPR. |
| Apr 5, 2023 | Read second time and amended. |
| Apr 5, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (March 29). |
| Mar 15, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 17, 2023 | Referred to Com. on ED. |
| Feb 9, 2023 | From printer. May be heard in committee March 11. |
| Feb 8, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2024 | AB 535 Schiavo Concurrence - Urgency Added | Assembly Floor |
Passed |
|
| Aug 30, 2024 | Assembly 3rd Reading AB535 Schiavo et al. By Archuleta Urgency Clause | Senate Floor |
Passed |
|
| Aug 28, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 27, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Housing |
Passed |
|
| Sep 1, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 3, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 21, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 31, 2023 | AB 535 Irwin Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 29, 2023 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Association of School Librarians | ** Support | |
| American Association of School Libraries | ** Support | |
| American Legion, Department Of California | ** Support | |
| California Association Of School Counselors | * Support | Jun 21, 2023 |
| California County Librarians Association | ** Support | |
| California Library Association | ** Support | |
| California School Boards Association | ** Support | |
| California School Library Association | ** Support | |
| California State University Council of Library Deans | ** Support | |
| California Teachers Association | ** Support | |
| Los Angeles County Office Of Education | ** Support | |
| Madera County Superintendent Of Schools | ** Support | |
| Merced County Office Of Education | ** Support | |
| Military Officers Association Of America, California Council Of Chapters | ** Support | |
| Napa County Office Of Education | ** Support | |
| Outschool | ** Support | |
| Ventura County Office of Education | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 535
Author:(Schiavo)
As Amended Ver:August 22, 2024
2/3 vote. Urgency
SUMMARY
Prohibits a determination of whether a potential tenant is eligible for supportive, affordable, or transitional housing under the Veterans Housing and Homeless Prevention Act (VHHP) from considering a potential tenant's service-connected disability benefits, and modifies definitions of "secondary tenant" to conform to this exclusion.
Senate Amendments
- Delete the prior contents of the bill, as passed by the Assembly.
- Prohibit a determination of whether a potential tenant is eligible for supportive, affordable, or transitional housing for VHHP from considering a potential tenant's service-connected disability benefits.
- Revise the definition of "secondary tenant" to mean a veteran who is homeless and has an income up to 60% of the area median income (AMI), excluding income received as a result of a service-connected disability benefits. Applies this revised definition to VHHP and to supportive housing units restricted to extremely low income (ELI) veterans that are regulated by the California Tax Credit Allocation Committee (TCAC).
- Include an urgency clause.
COMMENTS
Veterans and Housing Needs: A majority of California's veterans are considered cost-burdened and pay more than 30% of their income towards housing-related costs. Additionally, veterans face higher risks of homelessness than the general population and the homelessness point-in-time count for 2022 estimated that there are 10,395 veterans experiencing homelessness in California, with 7,392 of those veterans experiencing unsheltered homelessness.
In 2014, Proposition 41 created the VHHP Program and allowed for the issuance of $600 million in bonds to provide funding for multifamily affordable housing, transitional housing, and supportive housing to veterans. To date the VHHP Program has provided six rounds of funding administered by the Department of Housing and Community Development (HCD) in collaboration with the California Housing Finance Agency (CalHFA) and the Department of Veterans Affairs (CalVet), plus one round via the state's first "Super NOFA" or "Super Notice of Funding Availability" consolidated application round. The latest award information shows that $478 million in VHHP awards have been made cumulatively over the six rounds of the program. This is expected to result in a total of 3,058 VHHP housing units for veterans and their families with 66% reserved for ELI veterans, 27% for very low-income veterans, and the remainder for low-income veterans. Additionally, 80% of the housing units developed with VHHP funds are restricted to veterans experiencing homelessness.
HUD-VASH and Project-Based Vouchers (PBVs): Through a cooperative partnership, the HUD-VASH Program provides long-term case management, supportive services and permanent housing support to qualified veterans experiencing homelessness. The United States Department of Housing and Urban Development (HUD) provides Housing Choice Vouchers (Section 8 vouchers) designated for HUD-VASH to participating public housing authorities (PHAs) to assist with rent payments. To be eligible for this program, veterans must be VA Health Care-eligible, homeless, and must participate in case management services in order to obtain and sustain permanent independent community housing. PHAs can choose to "project-base" or dedicate up to 20% (in some cases up to 30%) of their vouchers to specific units in an affordable or supportive housing development. Because these vouchers represent a stable, medium-term rental assistance payment stream, affordable and supportive housing developers often use PBVs to help subsidize deeply affordable ELI units in a development.
VHHP Income Limits: Currently, at least 50% of capital funding for VHHP-funded developments must be used to subsidize ELI units. These units are affordable to households making 30% or less of AMI. HUD publishes income limits each year outlining what the thresholds are in each county in the state for a variety of household sizes. However, once many veterans become connected to benefits, including disability benefits, their income can exceed the 30% AMI threshold, making them ineligible for deeply income-restricted VHHP units.
Issues Related to Veteran Unit Vacancy Rates in Certain Regions: According to the Los Angeles Housing Department's (LAHD) January 12, 2023 memo regarding supportive housing projects funded by the city's Proposition HHH, the City has struggled with longer leasing times for veteran-serving HHH projects. LAHD attributes these leasing delays to overlapping eligibility restrictions, high adoption of the most restrictive income limits (30% AMI), and the multiple housing alternatives available to veterans, including a preference for portable (i.e. non-project-based) vouchers. The memo indicates some – though not all – HHH projects have only achieved roughly 60-75% lease up status for their veteran units, though the majority of projects with veteran units had yet to fully come online and begin leasing.
The memo requested, and the City Council approved, permission for LAHD to increase the AMI limits in Proposition HHH-funded veteran projects to 50% of AMI. However, affordable housing developers generally must layer funding from multiple sources to complete a project, and other funding streams like VHHP, TCAC tax credits, and project-based vouchers – which the City of Los Angeles does not have authority over – continue to have more restrictive income limitations.
According to the memo:
A critical challenge facing projects with VASH assistance is receiving sufficient referrals of veterans whose income does not exceed the 30% AMI requirements. The VA has indicated that leasing VASH units targeting extremely low-income veterans is a significant challenge because veterans eligible for VA benefits have incomes that exceed 30% AMI at the time of lease-up. According to current veterans disability compensation rates, a veteran with no dependents who is 100% 'service connected' (meaning they receive healthcare, disability and other benefits) receives $3,621.95 monthly, which is an annual income of $43,463.40. This is above the 30% AMI income limit of $25,050 for a one-person household.
Secondary Tenants: AB 1386 (Gabriel), Chapter 760, Statutes of 2023 addressed this income mismatch issue by allowing housing providers who are making referrals to VHHP units to petition HCD and CalVet for authority to refer "secondary tenants" with incomes up to 50% AMI who are receiving service-connected disability benefits (or tenants up to 60% AMI who would otherwise have an income of less than 50% AMI if not for their disability benefits) only if they are unable to find tenants at 30% AMI for at least 60 days after a unit becomes available. That bill also permitted a VHHP development to dip below the statutorily mandated 50% ELI unit threshold if no ELI tenants can be found in that period, but overall at least 30% of the development must still house ELI tenants. Additionally, beginning 12 months after a higher income tenant is placed in an ELI unit, the next available unit must be rented to an ELI tenant, so that the building does not gradually convert to higher income thresholds over time.
LIHTC-Funded Veteran Housing Units: AB 1386 (Gabriel) also created a process for a referring entity to place a secondary tenant in a LIHTC- or PAB-funded unit if no tenant at 30% of AMI can be located for at least 28 days after a unit becomes available. If 14 additional days pass with no secondary tenant presenting for placement, then the bill allows the entity to place a veteran experiencing homelessness up to 60% AMI. The Tax Credit Allocation Committee (TCAC) has the ability to permit this substitution so long as the overall affordability level of the building does not exceed certain income thresholds under federal IRS rules.
HUD Rule Change: On August 13, 2024, HUD enacted a new federal rule that revised the HUD-VASH program rules by, among other things, excluding all VA service-connected disability benefits received by a HUD-VASH applicant for purposes of determining income eligibility for a voucher or for placement in a PBV project. (https://www.federalregister.gov/d/2024-17957/p-58)
This bill conforms to this income eligibility screening change for purpose of VHHP units, which are also designed to serve veterans experiencing homelessness and for which vouchers offer a stable, reliable source of funding. Excluding disability benefits from income determinations will likely result in more homeless veterans income-qualifying for the ELI units that VHHP and many other funding programs prioritize in veteran-serving developments.
Because the definitions of "secondary tenant" in AB 1386 (Gabriel) also made specific reference to veterans with service-connected disability benefits, this bill strikes those references and instead modifies the definition of "secondary tenant" to be a veteran making up to 60% of AMI. This will further simplify the income screening processes under AB 1386 (Gabriel) for VHHP as well as veteran units regulated by TCAC.
According to the Author
"For too long, veterans in need of supportive housing have found themselves ineligible because of the compensation they are paid for their service-connected disabilities. We have made strides toward fixing this in California, under AB 1386, for example, but have been limited by the eligibility requirements of federal programs, such as HUD-VASH. Recent federal regulatory changes excluding veterans' disability benefits from income calculations are a welcome change, but without conforming the Veterans Housing and Homelessness Program to those changes, veterans who are now eligible for HUD-VASH will find themselves turned away yet again from supportive housing because of their disability benefits. This fix is necessary, simple, and will clear away an obstacle to getting veterans in need into supportive housing."
Arguments in Support
According to the American Legion-Department of California and the Military Officers Association of America-California Council of Chapters, "Currently, if a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 28 days of the qualified unit becoming available, that unit goes unfilled and a veteran in need is left on the street. AB 535 will allow the program to then shift to a secondary qualified tenant. This is a common-sense solution that will help more veterans facing a lack of housing."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- Staff estimates that HCD, CalVet, and CalHFA would incur minor administrative costs to update guidelines and forms to provide for the exclusion of income from service-related disability benefits when qualifying applicants for income-restricted housing units funded by the VHHP Program. (Housing for Veterans Fund)
- Unknown, potentially significant cost pressures related to the expansion of the pool of applicants eligible for income-restricted supportive housing units. Data is currently unavailable regarding the volume of additional homeless veterans that would be eligible for income-restricted supportive housing as a result of the exclusion of service-related disability benefits. (General Fund, Housing for Veterans Fund)
VOTES:
ASM EDUCATION: 6-0-1
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, Quirk-Silva
ABS, ABST OR NV: McCarty
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 80-0-0
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
SENATE FLOOR: 39-0-1
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Alvarado-Gil
UPDATED
VERSION: August 22, 2024
CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0004921
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 535 |
THIRD READING
Bill No: AB 535
Author: Schiavo (D), et al.
Amended: 8/22/24 in Senate
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
SENATE HOUSING COMMITTEE: 10-0, 8/27/24 (Pursuant to Senate Rule 29.10)
AYES: Skinner, Ochoa Bogh, Blakespear, Caballero, Cortese, Menjivar, Padilla, Seyarto, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/28/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SUBJECT: Veterans’ aid and welfare: housing
SOURCE: Author
DIGEST:
This urgency bill aligns state statute with recent changes to federal policy by providing that income levels for veterans who are currently seeking state-funded housing units shall not include service-related disability benefits, as specified.
Senate Floor Amendments of 8/22/23 gut and amend the bill to instead align state statute with recent changes to federal policy by providing that income levels for veterans who are currently seeking state-funded housing units shall not include service-related disability benefits, as specified.
ANALYSIS:
Existing law:
- Defines veteran as any person who served in the active military, naval, or air service of the United States, or as a member of the National Guard who was called to and released from active duty or active service, for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period.
- Defines “extremely low-income” (ELI) as persons and families whose income does not exceed 30% AMI.
Veterans Housing and Homeless Prevention Act of 2014 (VHHP)
- Enacts the VHHP the purpose of which is to provide the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability.
- Requires the California Housing Finance Authority (CalHFA), the Department of Housing and Community Development (HCD), and the California Department of Veterans Affairs (CalVet) to work collaboratively pursuant to a memorandum of understanding to implement VHHP.
- Requires the departments to ensure at least 50% of funds awarded for capital development under the VHHP is used to provide housing to ELI veteran households.
Flexibility to Locate Low-Income Veteran Tenants (AB 1386 (Gabriel, Chapter 760, Statutes of 2023))
- Authorizes a qualified entity to match secondary tenants to qualified units funded through VHHP if after 28 days of a qualified unit becoming available, a qualified tenant is unable to be matched to and accept placement in the available unit.
- Authorizes a qualified entity to match a tenant who is a veteran experiencing homelessness with income at or below 60% AMI to qualified units if after 14 days of a qualified unit becoming available to prospective secondary tenants a qualified tenant or secondary tenant is unable to be matched and accept placement in the available unit.
- Requires the rate of rent for a secondary or other tenant who is a veteran experiencing homelessness with an income between 30 and 60% AMI to not exceed the rate that would be charged had the unit been placed with a qualified ELI tenant.
- Requires TCAC and CDLAC to treat secondary tenants as eligible for the qualified unit if a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 28 days of the qualified unit becoming available.
- Requires TCAC and CDLAC to treat veterans experiencing homelessness at or below 60% AMI as eligible for the qualified unit if a qualified entity unable to locate, match, or otherwise place a qualified tenant or secondary tenant in a qualified unit within 14 days of the qualified unit becoming available to secondary tenants.
This bill:
- Redefines, for purposes of the VHHP program, “secondary tenant” as a veteran who is homeless who has an income of up to 60% AMI, but does not include income received as a result of service connected disability benefit.
- Provides that, in determining whether a potential tenant is eligible for supportive, affordable, or transitional housing under this article, income eligibility determinations shall not take into consideration any service-connected disability benefits received by the potential tenant.
- Provides, for purposes of calculating income for veterans supportive housing units funded by tax credits or private activity bonds, “secondary tenants” means a veteran who is homeless who has an income of up to 60 percent of the area median income, but does not include income received as a result of service connected disability benefits.
Background
Veterans and housing needs. A majority of California’s veterans are considered cost-burdened and pay more than 30% of their income towards housing-related costs. Additionally, veterans face higher risks of homelessness than the general population and the homeless point-in-time count for 2022 estimated that there are 10,395 veterans experiencing homelessness in California, with 7,392 of those veterans experiencing unsheltered homelessness.
VHHP income limits. Proposition 41 created the VHHP Program and allowed for the issuance of $600 million in bonds to provide funding for multifamily affordable housing, transitional housing, and supportive housing for veterans. To date, the VHHP Program has provided six rounds of funding administered by HCD in collaboration with CalHFA and CalVet, plus one round via the state’s first “Super NOFA” or “Super Notice of Funding Availability” consolidated application round pursuant to AB 434 (Daly, Chapter 192, Statutes of 2020).
The latest award information for round six, HCD’s “VHHP Program 2021 Round 6 Awards Data Summary,” shows that $478 million in VHHP awards have been made cumulatively over the six rounds of the program. This is expected to result in a total of 3,058 VHHP housing units for veterans and their families with 66% of those reserved for extremely low-income veterans, 27% for very low-income veterans, and the remainder for low-income veterans. Additionally, 80% of the housing units developed with VHHP funds are restricted to veterans experiencing homelessness. While the VHHP funds are helping to create much-needed affordable housing, transitional housing, and supportive housing for California’s veterans, it is important to note the program will run out of funding unless additional resources are approved for the VHHP program.
Currently, at least 50% of capital development funding for VHHP-funded developments must be used to subsidize ELI units. These units are affordable to households making 30% or less of AMI. HUD publishes income limits each year outlining what the thresholds are in each county in the state for a variety of household sizes. According to HCD’s “Multifamily Housing Programs: 2022 Multifamily Tax Subsidy Project Income Limits,” VHHP was subject specific income limits in 2022 by county. The author and supporters of the bill argue that once many veterans become connected to benefits, including disability benefits, their income can exceed the 30% AMI threshold, making them ineligible for deeply income-restricted VHHP units.
Comments
- Author’s statement. “For too long, veterans in need of supportive housing have found themselves ineligible because of the compensation they are paid for their service-connected disabilities. We have made strides toward fixing this in California, under AB 1386, for example, but have been limited by the eligibility requirements of federal programs, such as HUD-VASH. Recent federal regulatory changes excluding veterans’ disability benefits from income calculations are a welcome change, but without conforming the Veterans Housing and Homelessness Program to those changes, veterans who are now eligible for HUD-VASH will find themselves turned away yet again from supportive housing because of their disability benefits. This fix is necessary, simple, and will clear away an obstacle to getting veterans in need into supportive housing.”
- HUD-VASH and project-based vouchers (PBVs). Through a cooperative partnership, the HUD-VASH Program provides long-term case management, supportive services, and permanent housing support to qualified veterans experiencing homelessness. HUD provides Housing Choice Vouchers (Section 8 vouchers) designated for HUD-VASH to participating public housing authorities (PHAs) to assist with rent payments. To be eligible for this program, veterans must be VA Health Care-eligible, homeless, and must participate in case management services in order to obtain and sustain permanent independent community housing. PHAs can choose to “project-base” or dedicate up to 20% (in some cases up to 30%) of their vouchers to specific units in an affordable or supportive housing development. Because these vouchers represent a stable, medium-term rental assistance payment stream, affordable and supportive housing developers often use PBVs to help subsidize deeply affordable ELI units in a development.
PHAs are required to conduct their HUD-VASH programs in conjunction with their nearby Veterans Affairs Medical Center (VAMC), which must make supportive services available to individuals receiving HUD-VASH assistance. When a PHA chooses to project-based their HUD-VASH vouchers, they must ensure they have the support of their partnering VAMC.
- Veteran unit vacancy issues and AB 1386 (Gabriel, 2023). According to a Los Angeles Housing Department’s (LAHD) January 12, 2023 memo regarding supportive housing projects funded by the city’s Proposition HHH, the City previously struggled with longer leasing times for veteran-serving HHH projects. Additionally, the memo indicated some – though not all – HHH projects have only achieved roughly 60-75% lease up status for their veteran units. The memo requested, and the Council recently approved, permission for LAHD to increase the AMI limits in Proposition HHH-funded veteran projects to 50% AMI, as determined by LAHD. However, affordable housing developers generally must layer funding from multiple sources to complete a project, and other funding streams like VHHP, TCAC tax credits, and project-based VASH or Section 8 vouchers – which the City of Los Angeles does not have authority over – previously had restrictive income limitations.
In order to create opportunities for more veterans to access these vacant units, the Legislature passed and the Governor signed AB 1386 (Gabriel, Chapter 760, Statutes of 2023). That bill allowed housing providers who are making referrals to VHHP and TCAC units to refer tenants with incomes up to 60% AMI only if they are unable to find tenants at 30% AMI for 28 days after a unit becomes available. It also allowed a development to dip below the statutorily mandated 50% ELI unit threshold if no tenants at 30% AMI can be found in the specified time-period. This allowed for continued prioritization for the lowest income veterans, but also created new opportunities for others to access vacant units.
- Recent changes to federal law. Earlier this month, U.S. Department of Housing and Urban Development (HUD) announced a new set of policy changes that will help more veterans receive assistance under the HUD-Department of Veteran Affairs (VA) Supportive Housing (HUD-VASH) program, and improve their access to supportive housing developments. Veterans experiencing homelessness often receive VA benefits as a result of an injury or illness that was acquired or worsened during military service. Before this change, these benefits were considered income when determining eligibility for certain supportive housing developments—causing some veterans to exceed the income threshold for these programs. HUD’s policy changes will help more homeless veterans with service-connected disability benefits gain access to these housing developments.
This bill would align state statute with those changes to federal policy by authorizing veterans who are currently seeking housing to have access to units funded by VHHP or tax credits, that would otherwise be turned away due to the fact that their disability benefits count towards their income and currently make them appear ineligible for assistance.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/27/24)
American Legion, Department of California
Military Officers Association of America, California Council of Chapters
OPPOSITION: (Verified 8/27/24)
None received
ASSEMBLY FLOOR: 80-0, 5/31/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
8/28/24 19:48:59
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 535 (Schiavo) - Veterans’ aid and welfare: housing
Version: August 22, 2024 | Policy Vote: HOUSING 10 - 0 |
Urgency: Yes | Mandate: No |
Hearing Date: August 28, 2024 | Consultant: Mark McKenzie |
Bill Summary:
AB 535, an urgency measure, would exclude income from a veteran’s service-related disability benefits when determining eligibility for specified supportive, affordable, and transitional housing under the Veterans Housing and Homeless Prevention (VHHP) Program, as specified.
Fiscal Impact:
- Staff estimates that the Department of Housing and Community Development (HCD), the Department of Veterans Affairs (CalVet), and the California Housing Finance Agency (CalHFA) would incur minor administrative costs to update guidelines and forms to provide for the exclusion of income from service-related disability benefits when qualifying applicants for income-restricted housing units funded by the VHHP Program. (Housing for Veterans Fund)
- Unknown, potentially significant cost pressures related to the expansion of the pool of applicants eligible for income-restricted supportive housing units. Data is currently unavailable regarding the volume of additional homeless veterans that would be eligible for income-restricted supportive housing as a result of the exclusion of service-related disability benefits. (General Fund, Housing for Veterans Fund)
Background:
Existing law, the Veterans Housing and Homeless Prevention (VHHP) Bond Act of 2014 (approved by the voters at Proposition 41 in June of 2014), authorizes the issuance of $600 million in general obligation bonds to provide multifamily housing to veterans. The VHHP requires CalHFA, HCD, and CalVet to establish and implement a program that focuses on veterans at risk of homelessness or experiencing temporary or chronic homelessness. The VHHP Act specifies that up to five percent of bond funds may be used for administrative purposes. The program has also received General Fund support. For example, the 2022-23 budget included $100 million in one-time general fund dollars for the program ($50 million in 2022-23 and $50 million in 2023-24).
The VHHP Program funds the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability. The administering departments must ensure that at least 50 percent of funds awarded for capital development be used to provide housing to veteran households with extremely low incomes (up to 30% of the area median income [AMI]), and 60 percent of those units must be supportive housing. In determining income eligibility for units restricted to extremely low income veteran households, eligibility must consider all of the household’s income sources upon initial tenancy.
Existing law, as enacted last year by AB 1386 (Gabriel), authorizes entities referring veterans to specified income-restricted housing units funded by the VHHP Program funds, low-income housing tax credits (LIHTCs), or specified private activity bonds to place a veteran with higher income levels in a restricted unit under certain circumstances. Specifically, AB 1386 authorizes entities responsible for making referrals of supportive housing units restricted to extremely low-income (up to 30% AMI) veterans through the VHHP Program (qualified tenant) to match a prospective homeless veteran with an income up to 60% of AMI due to service-connected disability benefits (secondary tenant) to a restricted unit if a qualified extremely low-income tenant cannot be placed within 28 days of the unit becoming available. The bill also authorizes a referring entity to match a tenant who is a veteran experiencing homelessness with an income at or below 60% of AMI, if neither a qualified tenant nor a secondary tenant can be placed in the restricted unit within 14 additional days.
Existing law defines a “secondary tenant” as (1) a veteran who is homeless, has an income of up to 50% of AMI, and who is receiving income as a result of service-connected disability benefits, or (2) a veteran who is homeless and has an income of up to 60% of AMI, but would otherwise not have income below 50% of AMI if not for their income resulting from their service-connected disability. For purposes of supportive housing funded by LIHTCs and private activity bonds, a “secondary tenant” is defined as a veteran who is homeless, who has an income of up to 60% of AMI, and who is receiving income as a result of service-connected disability benefits.
In August 2024, the U.S. Department of Housing and Urban Development (HUD) adopted new policies and procedures for the administration of rental assistance under the HUD-Veterans Affairs Supportive Housing (HUD-VASH) program. Veterans experiencing homelessness often receive VA disability benefits as a result of an injury or illness that was acquired or worsened during military service. HUD exercised its waiver authority and established alternative requirements for purposes of determining income eligibility for HUD-VASH. Specifically, for HUD-VASH applicants receiving VA service-connected disability benefits, HUD waived the requirement for purposes of determining lower-income family eligibility that counted the service-connected disability benefits as income. This policy change is only for the determination of income eligibility. The service-connected disability benefits are still considered income for purposes of calculating the total tenant payment, housing assistance payment, and family share.
Proposed Law:
AB 535, an urgency measure, would exclude income from a veteran’s service-related disability benefits when determining eligibility for specified supportive, affordable, and transitional housing under the VHHP Act. Specifically, this bill would:
- Redefine, for purposes of the VHHP Program, “secondary tenant” as a veteran who is homeless who has an income of up to 60% of AMI, but does not include income received as a result of service-connected disability benefit.
- Provide that, in determining whether a potential tenant is eligible for supportive, affordable, or transitional housing under the VHHP Act, income eligibility determinations shall not take into consideration any service-connected disability benefits received by the potential tenant.
- Provide that, for purposes of calculating income for veterans supportive housing units funded by tax credits or private activity bonds, a “secondary tenant” means a veteran who is homeless who has an income of up to 60 percent of the area median income, but does not include income received as a result of service connected disability benefits.
Related Legislation:
AB 1386 (Gabriel), Chap. 760/2023, authorized entities referring veterans to specified income-restricted housing units that are funded by the VHHP Program, or funded by low-income housing tax credits or specified private activity bonds, to refer a veteran with higher income levels (a secondary tenant) if the referring entity cannot place an extremely low income homeless veteran tenant in a restricted unit within 28 days, as specified.
Staff Comments:
This bill would align state statute with the recent HUD changes to federal policy by authorizing veterans who are currently seeking housing to have access to units funded by VHHP or tax credits, who would otherwise be ineligible for those units as a result of the additional income they receive from service-related disability benefits. By expanding the pool of eligible applicants for units funded by the VHHP Program, LIHTCs, and private activity bonds, this bill would create unknown, potentially significant cost pressures. Staff notes that the 2024-25 budget included a reduction of more than $1 billion from various housing programs, including the elimination of all remaining program funding for the VHHP Program ($77 million).
Staff notes that a previous version of this bill pertaining to school accountability was approved by this Committee on September 1, 2023, and was subsequently referred to the inactive file on the Senate Floor last year. The bill was removed from the inactive file and amended on August 22, 2024 to remove contents of the previous bill and insert the new provisions pertaining to exclusion of service-related disability benefits from income for purposes of qualifying for supportive housing units under the VHHP Program, as specified.
-- END --
SENATE COMMITTEE ON HOUSING
Senator Nancy Skinner, Chair
2023 - 2024 Regular
Bill No: AB 535 Hearing Date: 8/27/2024
Author: | Schiavo | ||
Version: | 8/22/2024 Amended | ||
Urgency: | Yes | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Veterans’ aid and welfare: housing
DIGEST: This urgency bill aligns state statute with recent changes to federal policy by providing that income levels for veterans who are currently seeking state-funded housing units shall not include service-related disability benefits, as specified.
ANALYSIS:
Existing law:
- Defines veteran as any person who served in the active military, naval, or air service of the United States, or as a member of the National Guard who was called to and released from active duty or active service, for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period.
- Defines “extremely low-income” as persons and families whose income does not exceed 30% AMI.
Veterans Housing and Homeless Prevention Act of 2014 (VHHP)
- Enacts the VHHP the purpose of which is to provide the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability.
- Requires the California Housing Finance Authority (CalHFA), the Department of Housing and Community Development (HCD), and the California Department of Veterans Affairs (CalVet) to work collaboratively pursuant to a memorandum of understanding to implement VHHP.
- Requires the departments to ensure at least 50% of funds awarded for capital development under the VHHP is used to provide housing to ELI veteran households.
Flexibility to Locate Low-Income Veteran Tenants (AB 1386 (Gabriel, 2023)
- Authorizes a qualified entity to match secondary tenants to qualified units funded through VHHP if after 28 days of a qualified unit becoming available, a qualified tenant is unable to be matched to and accept placement in the available unit.
- Authorizes a qualified entity to match a tenant who is a veteran experiencing homelessness with income at or below 60% AMI to qualified units if after 14 days of a qualified unit becoming available to prospective secondary tenants a qualified tenant or secondary tenant is unable to be matched and accept placement in the available unit.
- Requires the rate of rent for a secondary or other tenant who is a veteran experiencing homelessness with an income between 30 and 60% AMI to not exceed the rate that would be charged had the unit been placed with a qualified ELI tenant.
- Requires TCAC and CDLAC to treat secondary tenants as eligible for the qualified unit if a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 28 days of the qualified unit becoming available.
- Requires TCAC and CDLAC to treat veterans experiencing homelessness at or below 60% AMI as eligible for the qualified unit if a qualified entity unable to locate, match, or otherwise place a qualified tenant or secondary tenant in a qualified unit within 14 days of the qualified unit becoming available to secondary tenants.
This urgency bill:
- Redefines, for purposes of the VHHP program, “secondary tenant” as a veteran who is homeless who has an income of up to 60% AMI, but does not include income received as a result of service connected disability benefit.
- Provides that, in determining whether a potential tenant is eligible for supportive, affordable, or transitional housing under this article, income eligibility determinations shall not take into consideration any service-connected disability benefits received by the potential tenant.
- Provides, for purposes of calculating income for veterans supportive housing units funded by tax credits or private activity bonds, “secondary tenants” means a veteran who is homeless who has an income of up to 60 percent of the area median income, but does not include income received as a result of service connected disability benefits.
COMMENTS:
- Author’s statement. “For too long, veterans in need of supportive housing have found themselves ineligible because of the compensation they are paid for their service-connected disabilities. We have made strides toward fixing this in California, under AB 1386, for example, but have been limited by the eligibility requirements of federal programs, such as HUD-VASH. Recent federal regulatory changes excluding veterans’ disability benefits from income calculations are a welcome change, but without conforming the Veterans Housing and Homelessness Program to those changes, veterans who are now eligible for HUD-VASH will find themselves turned away yet again from supportive housing because of their disability benefits. This fix is necessary, simple, and will clear away an obstacle to getting veterans in need into supportive housing.”
- Veterans and housing needs. A majority of California’s veterans are considered cost-burdened and pay more than 30% of their income towards housing-related costs. Additionally, veterans face higher risks of homelessness than the general population and the homeless point-in-time count for 2022 estimated that there are 10,395 veterans experiencing homelessness in California, with 7,392 of those veterans experiencing unsheltered homelessness.
Proposition 41 created the VHHP Program and allowed for the issuance of $600 million in bonds to provide funding for multifamily affordable housing, transitional housing, and supportive housing for veterans. To date, the VHHP Program has provided six rounds of funding administered by HCD in collaboration with CalHFA and CalVet, plus one round via the state’s first “Super NOFA” or “Super Notice of Funding Availability” consolidated application round pursuant to AB 434 (Daly, Chapter 192, Statutes of 2020).
The latest award information for round six, HCD’s “VHHP Program 2021 Round 6 Awards Data Summary,” shows that $478 million in VHHP awards have been made cumulatively over the six rounds of the program. This is expected to result in a total of 3,058 VHHP housing units for veterans and their families with 66% of those reserved for extremely low-income veterans, 27% for very low-income veterans, and the remainder for low-income veterans. Additionally, 80% of the housing units developed with VHHP funds are restricted to veterans experiencing homelessness. While the VHHP funds are helping to create much-needed affordable housing, transitional housing, and supportive housing for California’s veterans, it is important to note the program will run out of funding unless additional resources are approved for the VHHP program.
- VHHP income limits. Currently, at least 50% of capital development funding for VHHP-funded developments must be used to subsidize ELI units. These units are affordable to households making 30% or less of AMI. HUD publishes income limits each year outlining what the thresholds are in each county in the state for a variety of household sizes.
According to HCD’s “Multifamily Housing Programs: 2022 Multifamily Tax Subsidy Project Income Limits,” VHHP was subject specific income limits in 2022 by county. The author and supporters of the bill argue that once many veterans become connected to benefits, including disability benefits, their income can exceed the 30% AMI threshold, making them ineligible for deeply income-restricted VHHP units.
- HUD-VASH and project-based vouchers (PBVs). Through a cooperative partnership, the HUD-VASH Program provides long-term case management, supportive services, and permanent housing support to qualified veterans experiencing homelessness. HUD provides Housing Choice Vouchers (Section 8 vouchers) designated for HUD-VASH to participating public housing authorities (PHAs) to assist with rent payments. To be eligible for this program, veterans must be VA Health Care-eligible, homeless, and must participate in case management services in order to obtain and sustain permanent independent community housing. PHAs can choose to “project-base” or dedicate up to 20% (in some cases up to 30%) of their vouchers to specific units in an affordable or supportive housing development. Because these vouchers represent a stable, medium-term rental assistance payment stream, affordable and supportive housing developers often use PBVs to help subsidize deeply affordable ELI units in a development.
PHAs are required to conduct their HUD-VASH programs in conjunction with their nearby Veterans Affairs Medical Center (VAMC), which must make supportive services available to individuals receiving HUD-VASH assistance. When a PHA chooses to project-based their HUD-VASH vouchers, they must ensure they have the support of their partnering VAMC.
- Veteran unit vacancy issues and AB 1386 (Gabriel, 2023). According to a Los Angeles Housing Department’s (LAHD) January 12, 2023 memo regarding supportive housing projects funded by the city’s Proposition HHH, the City previously struggled with longer leasing times for veteran-serving HHH projects. Additionally, the memo indicated some – though not all – HHH projects have only achieved roughly 60-75% lease up status for their veteran units. The memo requested, and the Council recently approved, permission for LAHD to increase the AMI limits in Proposition HHH-funded veteran projects to 50% AMI, as determined by LAHD. However, affordable housing developers generally must layer funding from multiple sources to complete a project, and other funding streams like VHHP, TCAC tax credits, and project-based VASH or Section 8 vouchers – which the City of Los Angeles does not have authority over – previously had restrictive income limitations.
In order to create opportunities for more veterans to access these vacant units, the Legislature passed and the Governor signed AB 1386 (Gabriel, Chapter 760, Statutes of 2023). That bill allowed housing providers who are making referrals to VHHP and TCAC units to refer tenants with incomes up to 60% AMI only if they are unable to find tenants at 30% AMI for 28 days after a unit becomes available. It also allowed a development to dip below the statutorily mandated 50% ELI unit threshold if no tenants at 30% AMI can be found in the specified time-period. This allowed for continued prioritization for the lowest income veterans, but also created new opportunities for others to access vacant units.
- Recent changes to federal law. Earlier this month, U.S. Department of Housing and Urban Development (HUD) announced a new set of policy changes that will help more veterans receive assistance under the HUD-Department of Veteran Affairs (VA) Supportive Housing (HUD-VASH) program, and improve their access to supportive housing developments. Veterans experiencing homelessness often receive VA benefits as a result of an injury or illness that was acquired or worsened during military service. Before this change, these benefits were considered income when determining eligibility for certain supportive housing developments—causing some veterans to exceed the income threshold for these programs. HUD’s policy changes will help more homeless veterans with service-connected disability benefits gain access to these housing developments.
This bill would align state statute with those changes to federal policy by authorizing veterans who are currently seeking housing to have access to units funded by VHHP or tax credits, that would otherwise be turned away due to the fact that their disability benefits count towards their income and currently make them appear ineligible for assistance.
- Gut and amend. This bill was gut and amended on August 22, 2024, from an education bill related to school accountability.
Related Legislation:
AB 1386 (Gabriel, Chapter 760, Statues of 2024) — authorized entities referring veterans to deeply affordable housing units funded by the Veterans Housing and Homelessness Prevention Program (VHHP) or tax credits and private activity bonds to refer veterans at higher income levels if units are unable to be filled at a lower income threshold for specified time periods.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before 5pm on Monday,
August 26, 2024.)
SUPPORT:
American Legion, Department of California
Military Officers Association of America, California Council of Chapters
OPPOSITION:
None received.
-- END --
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 535 |
THIRD READING
Bill No: AB 535
Author: Irwin (D)
Amended: 4/5/23 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/21/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 80-0, 5/31/23 - See last page for vote
SUBJECT: School accountability: Statewide School Library Lead
SOURCE: California School Library Association
California Teachers Association
DIGEST:
This bill requires the Superintendent of Public Instruction (SPI) to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the California Collaborative for Educational Excellence (CCEE) and to establish library and literacy services that support the statewide system of support.
ANALYSIS:
Existing law:
- Requires the governing board of each school district to provide school library services for the students and teachers of the district by establishing and maintaining school libraries or by contractual arrangements with another public agency. (Education Code (EC) § 18100)
- Authorizes the county superintendent of schools to, with the approval of the board of supervisors and the county board of education, agree with the county librarian to take over all existing contracts for supplementary books and other material adopted for the course of study between the school districts or community college districts and the county librarian. Requires, thereafter the county superintendent of schools to generally perform such library services for the school districts or community college districts as were theretofore performed by the county library. (EC § 1770)
- Authorizes the California Commission on Teacher Credentialing (CTC) to issue a services credential authorizing service as a library media teacher upon completion of specialized preparation. States that the standards for these credentials are a baccalaureate degree or higher degree from an institution approved by the CTC, a valid teaching credential, and specialized and professional preparation. (EC § 44269)
- Establishes, pursuant to SB 98 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2020), an Expert Lead in Literacy within the statewide system of support. Requires the Expert Lead in Literacy to be a county office of education, selected by the California Department of Education (CDE) in partnership with the CCEE, to support grantees to build statewide professional learning networks and provide technical assistance to increase statewide capacity in implementing effective literacy instruction.
- Establishes the California State Library, under the direction of the State Librarian, and lists among the responsibilities of the office to purchase and maintain materials and equipment as necessary to carry out California State Library programs and services consistent with well-established library standards. (EC § 19320 et seq.)
This bill requires the SPI to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support. Specifically, this bill:
- Requires the SPI, by July 1, 2024, to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support.
- Requires the Statewide School Library Lead’s duties to include, but not be limited to, all of the following:
- Enhancing the state’s investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan.
- Working collaboratively with local Literacy Lead Agencies, the California Dyslexia Initiative, Comprehensive Literacy State Development Grant recipients, Learning Acceleration System Grant recipients, the California Scaling Up Multi-Tiered System of Support Statewide (SUMS) Initiative, and Reading Instruction and Intervention Grant recipients.
- Working directly with school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
- Working with local and regional entities to facilitate the integration of media and information literacy into the curriculum, scale up collaboration and co-teaching with teacher librarians, and promote the role of the Model School Library Standards for California Public Schools in preparing a globally competent workforce.
- Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being.
- Working with local and regional entities to engage with families and communities to better synthesize, integrate, and extend literacy programs in a coherent and comprehensive manner.
- Enhancing the state’s investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan.
- Provides that the implementation of this bill is contingent upon an appropriation for these purposes in the annual Budget Act or another statute.
Comments
- Need for the bill. According to the author, “School libraries and librarians play a critical role in developing students’ critical thinking skills. Misinformation and ‘fake news’ have the potential to undermine a student’s ability to distinguish the credibility of print and digital media. Library science stresses the value of research and citation, which empowers students to evaluate the print and digital media they consume.
“AB 535 will create a Statewide School Library Lead that will assist educators in developing needed school library services to accelerate literacy and learning, ultimately providing our students with the proper tools needed to build their critical thinking capabilities.” - Statewide System of Support and the CCEE. The CCEE was established by the Legislature and Governor to advise and assist school districts, county offices of education, and charter schools achieve the goals and objectives in their Local Control and Accountability Plans. It was created as part of the Local Control Funding Formula legislation that redesigned California‘s school funding formulas to ensure that there would be sufficient support for students who required additional resources to ensure their success.
The California System of Support is a crucial component of the state’s accountability and continuous improvement system. At its heart, California’s System of Support is focused on improving the outcomes of California’s students. The purpose of California’s System of Support is to build the capacity of local educational agencies (LEA) in supporting the continuous improvement of student performance in each of the eight state priority areas, and addressing gaps in achievement between student groups. - Expert Lead in Literacy. SB 98 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2020), appropriated $50 million to establish the Early Literacy Support Block Grant Program and requires the CDE to award funds to LEAs with the 75 schools that have the highest percentage of students in grade three scoring at the lowest achievement standard level on the State Summative English Language Arts assessment. SB 98 also appropriated $3 million to establish an Expert Lead in Literacy within the California Statewide System of Support. The Expert Lead in Literacy must be a county office of education, selected by the CDE in partnership with the CCEE, to support grantees to build statewide professional learning networks and provide technical assistance to increase statewide capacity in implementing effective literacy instruction.
This bill calls for the selection of a county office of education to serve as a Statewide School Library Lead to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support. - Role of the Library Lead in relation to school libraries. This bill requires the Statewide School Library Lead’s duties to include, among other things:
- Working directly with school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
- Working with local and regional entities to facilitate the integration of media and information literacy into the curriculum, scale up collaboration and co-teaching with teacher librarians, and promote the role of the Model School Library Standards for California Public Schools in preparing a globally competent workforce.
- Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being.
- Working directly with school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
This bill does not provide a role for the Statewide School Library Lead to make decisions about curriculum or books contained in local school libraries.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, “[w]hile the bill’s provisions would be subject to an appropriation, it could result in General Fund cost pressure in the low to mid hundreds of thousands of dollars each year. This estimate assumes that an agency director position along with support staff would be needed at the selected county office of education, and that the California Department of Education would incur administrative costs for contract management and to support the county office of education. There could be additional expenses for grant work including costs for travel, conferences, and professional learning.”
California School Library Association (co-source)
California Teachers Association (co-source)
American Association of School Librarians
California County Librarians Association
California Library Association
California School Boards Association
California State University Council of Library Deans
Los Angeles County Office of Education
Outschool
OPPOSITION: (Verified 8/31/23)
None received
ASSEMBLY FLOOR: 80-0, 5/31/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
Prepared by: Lynn Lorber / ED. / (916) 651-4105
9/5/23 9:25:15
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 535 (Irwin) - School accountability: Statewide School Library Lead
Version: April 5, 2023 | Policy Vote: ED. 7 - 0 |
Urgency: No | Mandate: No |
Hearing Date: July 3, 2023 | Consultant: Lenin Del Castillo |
Bill Summary:
This bill requires the Superintendent of Public Instruction (SPI) to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the California Collaborative for Educational Excellence (CCEE) and to establish library and literacy services that support the statewide system of support.
Fiscal Impact:
While the bill’s provisions would be subject to an appropriation, it could result in General Fund cost pressure in the low to mid hundreds of thousands of dollars each year. This estimate assumes that an agency director position along with support staff would be needed at the selected county office of education, and that the California Department of Education would incur administrative costs for contract management and to support the county office of education. There could be additional expenses for grant work including costs for travel, conferences, and professional learning.
Background:
Existing law requires the governing board of each school district to provide school library services for the students and teachers of the district by establishing and maintaining school libraries or by contractual arrangements with another public agency.
Existing law authorizes the county superintendent of schools to, with the approval of the board of supervisors and the county board of education, agree with the county librarian to take over all existing contracts for supplementary books and other material adopted for the course of study between the school districts or community college districts and the county librarian. It also requires, thereafter the county superintendent of schools to generally perform such library services for the school districts or community college districts as were theretofore performed by the county library.
Existing law establishes an Expert Lead in Literacy within the statewide system of support. Existing law requires the Expert Lead in Literacy to be a county office of education, selected by the California Department of Education (CDE) in partnership with the CCEE, to support grantees to build statewide professional learning networks and provide technical assistance to increase statewide capacity in implementing effective literacy instruction.
Proposed Law:
This bill requires the SPI, by July 1, 2024, to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support.
This bill provides that the statewide school library lead’s duties shall include, but not be limited to, all of the following:
- Enhancing the state’s investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan.
- Working collaboratively with local Literacy Lead Agencies, the California Dyslexia Initiative, Comprehensive Literacy State Development Grant recipients, Learning Acceleration System Grant recipients, the California SUMS (Scaling Up Multi-Tiered System of Support Statewide) Initiative, and Reading Instruction and Intervention Grant recipients.
- Working directly with school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
- Working with local and regional entities to facilitate the integration of media and information literacy into the curriculum, scale up collaboration and co-teaching with teacher librarians, and promote the role of the Model School Library Standards for California Public Schools in preparing a globally competent workforce.
- Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being.
- Working with local and regional entities to engage with families and communities to better synthesize, integrate, and extend literacy programs in a coherent and comprehensive manner.
This bill provides that the implementation of this bill is contingent upon an appropriation for these purposes in the annual Budget Act or another statute.
Staff Comments:
SB 98 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2020) appropriated $3 million to establish an Expert Lead in Literacy within the California Statewide System of Support. The Expert Lead in Literacy must be a county office of education, selected by the CDE in partnership with the CCEE, to support grantees to build statewide professional learning networks and provide technical assistance to increase statewide capacity in implementing effective literacy instruction. This bill has a similar requirement in that it provides for the selection of a county office of education to serve as a Statewide School Library Lead to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: AB 535 Hearing Date: June 21, 2023
Author: | |||
Version: | April 5, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: School accountability: Statewide School Library Lead.
SUMMARY
This bill requires the Superintendent of Public Instruction (SPI) to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the California Collaborative for Educational Excellence (CCEE) and to establish library and literacy services that support the statewide system of support.
BACKGROUND
Existing law:
- Requires the governing board of each school district to provide school library services for the students and teachers of the district by establishing and maintaining school libraries or by contractual arrangements with another public agency. (Education Code (EC) § 18100)
- Authorizes the county superintendent of schools to, with the approval of the board of supervisors and the county board of education, agree with the county librarian to take over all existing contracts for supplementary books and other material adopted for the course of study between the school districts or community college districts and the county librarian. Requires, thereafter the county superintendent of schools to generally perform such library services for the school districts or community college districts as were theretofore performed by the county library. (EC § 1770)
- Authorizes the California Commission on Teacher Credentialing (CTC) to issue a services credential authorizing service as a library media teacher upon completion of specialized preparation. States that the standards for these credentials are a baccalaureate degree or higher degree from an institution approved by the CTC, a valid teaching credential, and specialized and professional preparation. (EC § 44269)
- Establishes an Expert Lead in Literacy within the statewide system of support. Existing law requires the Expert Lead in Literacy to be a county office of education, selected by the California Department of Education (CDE) in partnership with the CCEE, to support grantees to build statewide professional learning networks and provide technical assistance to increase statewide capacity in implementing effective literacy instruction. (Uncodified; Section 114 of SB 98 (Committee on Budget and Fiscal Review) Chapter 24, Statutes of 2020)
- Establishes the California State Library, under the direction of the State Librarian, and lists among the responsibilities of the office to purchase and maintain materials and equipment as necessary to carry out California State Library programs and services consistent with well-established library standards. (EC § 19320 et seq.)
ANALYSIS
This bill requires the SPI to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support. Specifically, this bill:
- Requires the SPI, by July 1, 2024, to select an applicant county office of education to serve as a Statewide School Library Lead to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support.
- Requires the statewide school library lead’s duties to include, but not be limited to, all of the following:
- Enhancing the state’s investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan.
- Working collaboratively with local Literacy Lead Agencies, the California Dyslexia Initiative, Comprehensive Literacy State Development Grant recipients, Learning Acceleration System Grant recipients, the California SUMS (Scaling Up Multi-Tiered System of Support Statewide) Initiative, and Reading Instruction and Intervention Grant recipients.
- Working directly with school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
- Working with local and regional entities to facilitate the integration of media and information literacy into the curriculum, scale up collaboration and co-teaching with teacher librarians, and promote the role of the Model School Library Standards for California Public Schools in preparing a globally competent workforce.
- Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being.
- Working with local and regional entities to engage with families and communities to better synthesize, integrate, and extend literacy programs in a coherent and comprehensive manner.
- Enhancing the state’s investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan.
- Provides that the implementation of this bill is contingent upon an appropriation for these purposes in the annual Budget Act or another statute.
STAFF COMMENTS
- Need for the bill. According to the author, “School libraries and librarians play a critical role in developing students’ critical thinking skills. Misinformation and ‘fake news’ have the potential to undermine a student’s ability to distinguish the credibility of print and digital media. Library science stresses the value of research and citation, which empowers students to evaluate the print and digital media they consume.
“AB 535 will create a Statewide School Library Lead that will assist educators in developing needed school library services to accelerate literacy and learning, ultimately providing our students with the proper tools needed to build their critical thinking capabilities.” - Statewide system of support and the CCEE. The CCEE was established by the Legislature and Governor to advise and assist school districts, county offices of education, and charter schools achieve the goals and objectives in their Local Control and Accountability Plans. It was created as part of the Local Control Funding Formula legislation that redesigned California‘s school funding formulas to ensure that there would be sufficient support for students who required additional resources to ensure their success.
The California System of Support is a crucial component of the state’s accountability and continuous improvement system. At its heart, California’s System of Support is focused on improving the outcomes of California’s students. The purpose of California’s System of Support is to build the capacity of local educational agencies (LEAs) in supporting the continuous improvement of student performance in each of the eight state priority areas, and addressing gaps in achievement between student groups. - Expert Lead in Literacy. SB 98 (Committee on Budget and Fiscal Review), Chapter 24, Statutes of 2020, appropriated $50 million to establish the Early Literacy Support Block Grant Program and requires the CDE to award funds to LEAs with the 75 schools that have the highest percentage of students in grade three scoring at the lowest achievement standard level on the State Summative English Language Arts assessment. SB 98 also appropriated $3 million to establish an Expert Lead in Literacy within the California Statewide System of Support. The Expert Lead in Literacy must be a county office of education, selected by the CDE in partnership with the CCEE, to support grantees to build statewide professional learning networks and provide technical assistance to increase statewide capacity in implementing effective literacy instruction.
This bill calls for the selection of a county office of education to serve as a Statewide School Library Lead to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support. - Role of the Library Lead in relation to school libraries. This bill requires the statewide school library lead’s duties to include, among other things:
- Working directly with school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
- Working with local and regional entities to facilitate the integration of media and information literacy into the curriculum, scale up collaboration and co-teaching with teacher librarians, and promote the role of the Model School Library Standards for California Public Schools in preparing a globally competent workforce.
- Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being.
- Working directly with school districts, county offices of education, and charter schools to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning.
This bill does not provide a role for the statewide school library lead to make decisions about curriculum or books contained in local school libraries.
- Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose the following costs:
- Ongoing Proposition 98 General Fund costs of $300,000 annually to a selected county office of education to serve as the school library lead agency. This assumes costs for an agency director at about $220,000 a year, a part-time administrative assistant at about $40,000, and a budget for grant work of about $40,000. Grant work could include expenses such as travel costs, conferences, and professional learning.
- Ongoing General Fund costs to the CDE of $170,000 annually for a staff person to select a grantee and oversee the program at the selected county office of education.
- Ongoing Proposition 98 General Fund costs of $300,000 annually to a selected county office of education to serve as the school library lead agency. This assumes costs for an agency director at about $220,000 a year, a part-time administrative assistant at about $40,000, and a budget for grant work of about $40,000. Grant work could include expenses such as travel costs, conferences, and professional learning.
SUPPORT
California Teachers Association (Co-Sponsor)
California Library Association
California School Boards Association
Los Angeles County Office of Education
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 535
Author:(Irwin)
As Amended Ver:April 5, 2023
Majority vote
SUMMARY
Requires the Superintendent of Public Instruction (SPI) to select an applicant county office of education (COE) to serve as a Statewide School Library Lead (SSLL) to work collaboratively with the California Collaborative for Educational Excellence (CCEE) for the purpose of establishing library and literacy services that support the Statewide System of Support (SOS).
Major Provisions
- Requires, on or before July 1, 2024, the SPI to select an applicant COE to serve as a SSLL to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support. Requires the SSLL's duties to include:
- Enhancing the state's investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan;
- Working directly with school districts, COEs, and charter schools, to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning; and
- Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being.
- Requires the implementation of the SSLL and related activities to be contingent upon an appropriation for these purposes in the annual Budget Act or another statute.
COMMENTS
California school library statistics. Until the 2013-14 school year, the CDE annually collected information about school libraries using an online survey. Data from that year representing 43% of schools reveal that among the California public schools responding to the survey, 84% have a place designated as the library, although staffing, collections, and programs have a wide range of quality. Sixteen percent of the schools responding do not have a library. Approximately 9% of California schools have a credentialed teacher librarian on campus part time or longer; the majority of professional staffing is found at the high school level. A teacher librarian has both a California teaching credential and a California teacher librarian services credential. According to the National Center for Education Statistics, the national ratio of teacher librarians to students in the fall of 2011 was 1:1,023. California ranked at the bottom of professional library staffing numbers with a ratio of 1:7,374. In 2013-14, 86% of California public schools reported classified staff in the library.
Various funding mechanisms have supported school libraries over the last 30 years, including the tax checkoff program from 1994-1997 generated funds from taxpayer donations and dispersed them on a competitive grant basis, the School and Library Improvement Block Grant which was flexed during the 2008-09 fiscal year along with many other categorical programs, and the 2013–14 Budget Act replaced the previous K–12 finance system with a new Local Control Funding Formula (LCFF).
Impact of recent state and local policies on school library collections. According to a 2022 working paper from the Wheelock Educational Policy Center at Boston University, Politics and Children's Books: Evidence from School Library Collections, books on the topics of LGBTQ+, race/racism, or abortion are less likely to be found in school libraries in conservative areas, and are more likely to have discontinued Dr. Seuss and Christian fiction titles. Using web-scraping techniques to collect original data on hundreds of titles in over 6,600 school libraries nationally to identify patterns in library resources and content, researchers found that the book challenges in the 2021-22 school year have had "chilling effects" on the acquisition of new LGBTQ+ content. The working paper states that books with "controversial content" are widely available, however, the prevalence of these titles is related to local politics, state laws, and social environments. Most public schools have a library on site, but little is known about the quality or content of school library programs. Disparities exist in library resources and collection quality, particularly between schools in low- and high-income areas.
Statewide SOS. The LCFF was established in the 2013-14 fiscal year to address the achievement gap by providing more equitable funding among LEAs, that is, to provide a higher level of funding to LEAs that enroll larger numbers of unduplicated pupils so they could provide those pupils with additional services and support. A key part of California's new approach is a refocused system of support for local educational agencies (LEAs) (school districts, charter schools, and COEs), which is based on a three-level framework:
- Support for All LEAs and Schools (Level 1): Various state and local agencies provide an array of resources and voluntary assistance that all LEAs may use to improve student performance at the LEA and school level and narrow disparities among student groups across the LCFF priorities, including recognition for success and the ability to share promising practices.
- Differentiated Assistance (Level 2): County superintendents, the CDE, charter authorizers, and the CCEE provide differentiated assistance for LEAs, in the form of individually designed assistance, to address identified performance issues.
- Intensive Intervention (Level 3): The SPI or, for charter schools, the charter authorizer may require more intensive interventions for LEAs with persistent performance issues over a specified time period.
The LCFF identifies both Lead Agencies and State Agencies and tasks them with advancing the goal and purposes of the SOS. The Lead Agencies are tasked with building capacity and developing and providing supports to particular entities or groups within California's education system, while the State Agencies are tasked with facilitating and coordinating the work of the Lead Agencies. The support provided by these agencies ensure that there is: 1) a clear point of contact for a school district or COE to seek support responsive to a locally identified need, 2) a clear process and responsibility for agencies within the system of support to work together to connect the school district or COE with relevant resources or avenues for assistance, and 3) improved visibility of the resources, expertise, and services available across the state through various agencies and state-funded initiatives to support student success. Lead agencies include: Geographic Lead Agencies, Multi-Tiered Systems of Support, Expert Lead in Literacy, Special Education Resource Leads, Community Engagement Initiative Lead Agencies, Title III COE Regional English Learner Specialists the California County Superintendents, Educator Workforce Investment Program, 21st Century California School Leadership Academy, California Dyslexia Initiative, Statewide SOS for Expanded Learning, Early Math Initiative, and Homeless Education Technical Assistance Centers. The LCFF also identifies the CDE, the CCEE, and the SBE as the three state agencies tasked with the responsibility of facilitating the work and supports being provided by the Lead Agencies. These agencies work collaboratively to coordinate the supports being provided throughout the system, provide guidance to the Lead Agencies, and solicit input and feedback from educational stakeholders, as well as partnering with the Lead Agencies to provide opportunities for LEAs to build their capacity.
According to the Author
School libraries and librarians play a critical role in developing students' critical thinking skills. Misinformation and 'fake news' have the potential to undermine a student's ability to distinguish the credibility of print and digital media. Library science stresses the value of research and citation, which empowers students to evaluate the print and digital media they consume. AB 535 will create a Statewide School Library Lead that will assist educators in developing needed school library services to accelerate literacy and learning, ultimately providing our students with the proper tools needed to build their critical thinking capabilities."
Arguments in Support
The Ball/Frost Group writes on behalf of their client, "The California School Library Association supports the bill for several reasons. First, establishing a library lead, which would work closely with the existing statewide literacy lead, will expand the State's investment in early literacy, work with school districts throughout the state on improving library skills and free reading resources, and facilitate the integration of media and information literacy into school district curriculum. Second, by every national ranking, school libraries are last in the nation in the ratio of credentialed librarians to students. Montana ranks first with 404 students for every librarian. New York ranks 18th with 1,060 per librarian and California ranks 50th with 9,767 students per credentialed librarian. For comparison purposes, the 49th ranked state is Idaho with 7,381 students per librarian. While this bill does not create more librarians, it does create the opportunity for the library leads to better educate local education leaders of the value of the school library and its role in improving early literacy and overall academic achievement. Additionally, having a quality school library is a critical equity issue. So many of our California communities are considered book deserts. This is especially true in elementary schools where free reading materials are likely 20 to 30 years old, are not culturally relevant or age appropriate for students. Working with local school leaders, the library lead can assist in the local curating process and provide expert assistance in upgrading these collections. Finally, teacher librarians are trained in the content areas of information and media literacy. Having a state-level library lead will enable the state to work more collaboratively with local districts and county offices of education to improve classroom content and teaching methods in this important policy issue."
Arguments in Opposition
An individual, Patricia Taylor states, "CA school districts are seeing age inappropriate sexually explicit books in our school libraries. These are getting past our librarians. Let us parents/community members monitor our own libraries. We don't need a state lead!"
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- "Ongoing Proposition 98 General Fund costs of $300,000 annually to a selected COE to serve as the school library lead agency. This assumes costs for an agency director at about $220,000 a year, a part-time administrative assistant at about $40,000, and a budget for grant work of about $40,000. Grant work could include expenses such as travel costs, conferences, and professional learning.
- Ongoing General Fund costs to the California Department of Education of $170,000 annually for a staff person to select a grantee and oversee the program at the selected COE."
VOTES
ASM EDUCATION: 6-0-1
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, Quirk-Silva
ABS, ABST OR NV: McCarty
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: April 5, 2023
CONSULTANT: Marguerite Ries / ED. / (916) 319-2087 FN: 0000820
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 535
Author:(Irwin) – As Amended Ver:April 5, 2023
Policy Committee: | Education | Vote: | 6 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires, subject to an appropriation, the Superintendent of Public Instruction (SPI), by July 1, 2024, to select a county office of education (COE) to serve as the school library lead agency to establish library and literacy services within the state’s System of Support. The school library lead agency is to perform various duties, including working with local educational agencies (LEAs) to develop school library services and working to align state literacy initiatives.
FISCAL EFFECT:
- Ongoing Proposition 98 General Fund costs of $300,000 annually to a selected COE to serve as the school library lead agency. This assumes costs for an agency director at about $220,000 a year, a part-time administrative assistant at about $40,000, and a budget for grant work of about $40,000. Grant work could include expenses such as travel costs, conferences, and professional learning.
- Ongoing General Fund costs to the California Department of Education of $170,000 annually for a staff person to select a grantee and oversee the program at the selected COE.
COMMENTS:
Background. To improve student outcomes, LEAs have access to the state’s “System of Support.” The System of Support connects LEAs to lead agencies, often housed within COEs that specialize in certain education and education-related areas. The lead agencies offer expertise, programming, and resources to LEAs in their designated issue area. Currently, the state has 12 lead agencies, specializing in areas such as special education, community engagement, and early math. In addition, the state has a lead agency specializing in literacy and a lead agency specializing in dyslexia.
Current law requires each LEA to provide school library services to students and teachers either through a school library or through a contract with another public agency.
This bill creates a lead agency within the System of Support for library and literacy services.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: March 29, 2023
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
ABPCA Bill Id:AB 535 (
Author:Irwin) – As Introduced Ver:February 8, 2023
SUBJECT: School accountability: Statewide School Library Lead
SUMMARY: Requires, on or before July 1, 2024, the Superintendent of Public Instruction (SPI) to select an applicant county office of education (COE) to serve as a Statewide School Library Lead (SSLL) to work collaboratively with the California Collaborative for Educational Excellence (CCEE) for the purpose of establishing library and literacy services that support the Statewide System of Support (SOS). Specifically, this bill:
- Requires, on or before July 1, 2024, the SPI to select an applicant COE to serve as a SSLL to work collaboratively with the CCEE and to establish library and literacy services that support the statewide system of support. Requires the SSLL’s duties to include, but not be limited to, all of the following:
- Enhancing the state’s investment in literacy and aligning those efforts with the California Comprehensive State Literacy Plan;
- Working collaboratively with local Literacy Lead Agencies, the California Dyslexia Initiative (CDI), Comprehensive Literacy State Development (CLSD) Grant recipients, Learning Acceleration System Grant recipients, the California SUMS (Scaling Up Multi-Tiered System of Support [MTSS] Statewide) Initiative, and Reading Instruction and Intervention (RII) Grant recipients;
- Working directly with local educational agencies (LEAs), including COEs, to build capacity to develop excellent school library services and accelerate literacy and learning, including coordinating support, providing direct technical assistance, and delivering professional learning;
- Working with local and regional entities to facilitate the integration of media and information literacy into the curriculum, scaling up collaboration and coteaching with teacher librarians, and promote the role of the Model School Library Standards for California Public Schools in preparing a globally competent workforce;
- Working with local and regional entities to promote school libraries as safe spaces that create a positive school climate, champion intellectual freedom, and support social and emotional learning, mindfulness, and well-being; and
- Working with local and regional entities to engage with families and communities to better synthesize, integrate, and extend literacy programs in a coherent and comprehensive manner.
- Requires the implementation of the SSLL and related activities to be contingent upon an appropriation for these purposes in the annual Budget Act or another statute.
EXISTING LAW:
- Authorizes the county superintendent of schools to, with the approval of the board of supervisors and the county board of education, agree with the county librarian to take over all existing contracts for supplementary books and other material adopted for the course of study between the school districts or community college districts and the county librarian. Requires, thereafter the county superintendent of schools to generally perform such library services for the school districts or community college districts as were theretofore performed by the county library. (Education Code (EC) 1770)
- Requires the governing board of each school district to provide school library services for the pupils and teachers of the district by establishing and maintaining school libraries or by contractual arrangements with another public agency. (EC 18100)
- Authorizes the California Commission on Teacher Credentialing (CTC) to issue a services credential authorizing service as a library media teacher upon completion of specialized preparation. States that the standards for these credentials are a baccalaureate degree or higher degree from an institution approved by the CTC, a valid teaching credential, and specialized and professional preparation. (EC 44269)
- Establishes an Expert Lead in Literacy within the SOS. The Expert Lead in Literacy must be a COE, selected by the CDE in partnership with the CCEE, to support grantees to build statewide professional learning networks and provide technical assistance to increase statewide capacity in implementing effective literacy instruction.
- Establishes the California State Library, under the direction of the State Librarian, and lists among the responsibilities of the office to purchase and maintain materials and equipment as necessary to carry out California State Library programs and services consistent with well-established library standards.
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill. According to the author, “School libraries and librarians play a critical role in developing students’ critical thinking skills. Misinformation and ‘fake news’ have the potential to undermine a student’s ability to distinguish the credibility of print and digital media. Library science stresses the value of research and citation, which empowers students to evaluate the print and digital media they consume.
AB 535 will create a Statewide School Library Lead that will assist educators in developing needed school library services to accelerate literacy and learning, ultimately providing our students with the proper tools needed to build their critical thinking capabilities.”
California school library statistics. Until the 2013-14 school year, the CDE annually collected information about school libraries using an online survey. Data from that year representing 43% of schools reveal that among the California public schools responding to the survey, 84% have a place designated as the library, although staffing, collections, and programs have a wide range of quality. Sixteen percent of the schools responding do not have a library. Approximately 9% of California schools have a credentialed teacher librarian on campus part time or longer; the majority of professional staffing is found at the high school level. A teacher librarian has both a California teaching credential and a California teacher librarian services credential. According to the National Center for Education Statistics, the national ratio of teacher librarians to students in the fall of 2011 was 1:1,023. California ranked at the bottom of professional library staffing numbers with a ratio of 1:7,374. In 2013-14, 86% of California public schools reported classified staff in the library.
The average number of school library books per student in 2013-14 in K–12 was 20.4. In 1986, the number reported per student was ten. The average number of books per library collection is 14,137, which at the time was close to the national average. “Books” includes both print and digital formats. In that year, the average copyright date was 20 years old. The average copyright date is measured in the nonfiction section and includes both print and digital books.
Various funding mechanisms have supported school libraries over the last 30 years, including the tax checkoff program from 1994-1997 generated funds from taxpayer donations and dispersed them on a competitive grant basis, the School and Library Improvement Block Grant which was flexed during the 2008-09 fiscal year along with many other categorical programs, and the 2013–14 Budget Act replaced the previous K–12 finance system with a new Local Control Funding Formula (LCFF).
Impact of recent state and local policies on school library collections. According to a 2022 working paper from the Wheelock Educational Policy Center at Boston University, Politics and Children’s Books: Evidence from School Library Collections, books on the topics of LGBTQ+, race/racism, or abortion are less likely to be found in school libraries in conservative areas, and are more likely to have discontinued Dr. Seuss and Christian fiction titles. Using web-scraping techniques to collect original data on hundreds of titles in over 6,600 school libraries nationally to identify patterns in library resources and content, researchers found that the book challenges in the 2021-22 school year have had “chilling effects” on the acquisition of new LGBTQ+ content. The working paper states that books with “controversial content” are widely available, however, the prevalence of these titles is related to local politics, state laws, and social environments. Most public schools have a library on site, but little is known about the quality or content of school library programs. Disparities exist in library resources and collection quality, particularly between schools in low- and high-income areas.
Statewide SOS. The LCFF was established in the 2013-14 fiscal year to address the achievement gap by providing more equitable funding among LEAs, that is, to provide a higher level of funding to LEAs that enroll larger numbers of unduplicated pupils so they could provide those pupils with additional services and support. The reforms to the funding system were accompanied by changes to the state accountability system, including Local Control and Accountability Plans (LCAPs). The LCAP is a three-year plan that describes the goals, actions, services, and expenditures to support positive student outcomes that address state and local priorities. The LCAP provides an opportunity for LEAs (school districts, COEs, and charter schools) to share their stories of how, what, and why programs and services are selected to meet their local needs.
A key part of California’s new approach is a refocused system of support for LEAs (school districts, charter schools, and COEs), which is based on a three-level framework:
- Support for All LEAs and Schools (Level 1): Various state and local agencies provide an array of resources and voluntary assistance that all LEAs may use to improve student performance at the LEA and school level and narrow disparities among student groups across the LCFF priorities, including recognition for success and the ability to share promising practices.
- Differentiated Assistance (Level 2): County superintendents, the CDE, charter authorizers, and the CCEE provide differentiated assistance for LEAs, in the form of individually designed assistance, to address identified performance issues.
- Intensive Intervention (Level 3): The SPI or, for charter schools, the charter authorizer may require more intensive interventions for LEAs with persistent performance issues over a specified time period.
Each of the three levels represents a type of assistance available or provided to LEAs, not a status or label applied to LEAs.
Agencies named in the SOS. The LCFF identifies both Lead Agencies and State Agencies and tasks them with advancing the goal and purposes of the SOS. The Lead Agencies are tasked with building capacity and developing and providing supports to particular entities or groups within California’s education system, while the State Agencies are tasked with facilitating and coordinating the work of the Lead Agencies. The support provided by these agencies ensure that there is: 1) a clear point of contact for a school district or COE to seek support responsive to a locally identified need, 2) a clear process and responsibility for agencies within the system of support to work together to connect the school district or COE with relevant resources or avenues for assistance, and 3) improved visibility of the resources, expertise, and services available across the state through various agencies and state-funded initiatives to support student success. The Committee may wish to consider the numerous “lead” projects that have been recently established as the SOS has grown.
Lead Agencies:
- Geographic Lead Agencies: The Geographic Lead Agencies are primarily responsible for building the capacity of COEs to ensure that counties are equipped to build the capacity of their LEAs to support the continuous improvement of student performance within the state priorities.
- Multi-Tiered Systems of Support: The California SUMS Initiative provides resources, professional learning opportunities, and funding for LEAs to align academic, behavioral, and social-emotional supports to serve the whole child.
- Expert Lead in Literacy: As part of the ELSB Grant Program, the Expert Lead in Literacy supports grantees to build statewide professional learning networks and provide technical assistance to increase statewide capacity in implementing effective literacy instruction.
- Special Education Resource Leads: The Special Education Local Plan Area (SELPA) Resource Leads consist of two types of statewide special education leads: SELPA Systems Improvement Leads and SELPA Content Leads. The main goal of the SELPA Leads is to increase the capacity of SELPAs and LEAs to improve outcomes for students with disabilities.
- Community Engagement Initiative Lead Agencies: The Community Engagement Initiative Lead Agency builds capacity in communities and LEAs and schools in order to expand successful community engagement practices statewide.
- Title III COE Regional English Learner Specialists: The Title III Regional COE Leads provide technical assistance to LEAs within each of the 11 County Superintendent regions through a partnership between the CDE and the California County Superintendents (CCS).
- Educator Workforce Investment Program: The Educator Workforce Investment Grant program provides professional learning opportunities for teachers and paraprofessionals across the state for implementation of the EL Roadmap Policy and special education.
- 21st Century California School Leadership Academy: The 21st Century California School Leadership Academy provides high-quality professional learning for administrators and other school leaders. A list of the regional academies may be found on the funding results page.
- California Dyslexia Initiative: The goals of the CDI include building capacity in the SOS to provide early intervention services for students with specific learning disabilities such as dyslexia; identifying effective models for identification and treatment of specific learning disabilities and delivering professional development on evidence-based instruction and strategies informed by research.
- Statewide SOS for Expanded Learning: The SOS for Expanded Learning is the technical assistance network for supporting After School Education and Safety Program and 21st Century Community Learning Program grantees throughout California.
- Early Math Initiative: The Early Math Initiative is intended to result in resources, communications and professional learning that will improve immediate and long-term mathematical outcomes for children from birth through age eight. The Initiative aims to increase awareness of the importance of early math, support the adults who work with young children in providing high-quality, frequent, engaging early math experiences and to reshape perceptions and understanding about early math.
- Homeless Education Technical Assistance Centers: The Centers have been selected to provide support and technical assistance to other COEs, in a regional approach, to ensure they have the capacity, resources, and tools required to support their LEAs with the implementation of the federal Education for Homeless Children and Youth (EHCY) Act. The provisions of this Act are designed to improve the identification, educational stability, access, support, and academic achievement of children and youth experiencing homelessness.
State Agencies: The LCFF identifies the CDE, the CCEE, and the SBE as the three state agencies tasked with the responsibility of facilitating the work and supports being provided by the Lead Agencies. These agencies work collaboratively to coordinate the supports being provided throughout the system, provide guidance to the Lead Agencies, and solicit input and feedback from educational stakeholders, as well as partnering with the Lead Agencies to provide opportunities for LEAs to build their capacity.
Model School Library Standards. The Model School Library Standards for California Public Schools, Kindergarten Through Grade Twelve, were adopted by the State Board of Education, on September 16, 2010. The Library Standards include two types of standards:
- “School Library Standards for Students” that delineate what students should know and be able to do at each grade level or grade span to enable students to succeed in school, higher education, and the workforce; and
- “School Library Program Standards” that describe base-level staffing, resources and infrastructure, including technology, required for school library programs to be effective and help students to meet the school library standards.
The Library Standards recognize that school libraries have evolved from simply providing print materials to offering rich selections of print, media, and digital resources; from teaching students how to search a card catalog to teaching students strategies for searching a variety of print, media and digital resources; from teaching basic reading literacy to teaching information literacy (the ability to access, evaluate, use, and integrate information and ideas effectively). The student standards also include the legal, ethical and safe use of information both in print and online, other aspects of cyber safety, and use of technology.
Recommended Committee Amendments. Staff recommends that the bill be amended to: require the SSLL to work with charter schools, in addition to school districts and COEs.
Arguments in support. The Ball/Frost Group writes on behalf of their client, “The California School Library Association supports the bill for several reasons. First, establishing a library lead, which would work closely with the existing statewide literacy lead, will expand the State’s investment in early literacy, work with school districts throughout the state on improving library skills and free reading resources, and facilitate the integration of media and information literacy into school district curriculum.
Second, by every national ranking, school libraries are last in the nation in the ratio of credentialed librarians to students. Montana ranks first with 404 students for every librarian. New York ranks 18th with 1,060 per librarian and California ranks 50th with 9,767 students per credentialed librarian. For comparison purposes, the 49th ranked state is Idaho with 7,381 students per librarian. While this bill does not create more librarians, it does create the opportunity for the library leads to better educate local education leaders of the value of the school library and its role in improving early literacy and overall academic achievement.
Additionally, having a quality school library is a critical equity issue. So many of our California communities are considered book deserts. This is especially true in elementary schools where free reading materials are likely 20 to 30 years old, are not culturally relevant or age appropriate for students. Working with local school leaders, the library lead can assist in the local curating process and provide expert assistance in upgrading these collections. Finally, teacher librarians are trained in the content areas of information and media literacy. Having a state-level library lead will enable the state to work more collaboratively with local districts and county offices of education to improve classroom content and teaching methods in this important policy issue.”
Arguments in opposition. Patricia Taylor, an individual writes, “Do not let AB 535 get out of the Assembly Education Committee! CA school districts are seeing age inappropriate sexually explicit books in our school libraries. These are getting past our librarians. Let us parents/community members monitor our own libraries. We don’t need a state lead!”
Related legislation. AB 181 (Committee on Budget), Chapter 52, Statutes of 2022, established the Arts, Music, and Instructional Materials Discretionary Block Grant, funding for various literacy coach initiatives, and established the Learning Recovery Emergency Block Grant.
AB 2464 (Mia Bonta) of the 2021-22 Session would have established the Family and Community Literacy: Supporting Literacy and Biliteracy in Schools, Families, and Communities Grant Program and the California Family Literacy Innovation Project to support early literacy. This was held in the Senate Appropriations Committee.
SB 488 (Rubio), Chapter 678, Statutes of 2021, requires the CTC to ensure, by July 1, 2025, that an approved teaching performance assessment (TPA) for a preliminary multiple subject credential and a preliminary education specialist credential assesses all candidates for competence in instruction in literacy, revises the definition of literacy instruction for purposes of teacher preparation and requires the CTC to ensure that its standards for program quality and effectiveness align to this definition, and provides an alternate means of meeting the current reading instruction competence assessment (RICA) for some credential candidates affected by COVID-19 test center closures.
SB 98 (Committee on Budget and Fiscal Review), Chapter 24, Statutes of 2020, establishes the Early Literacy Support Block Grant, which requires the CDE to award funds to LEAs with the 75 schools that have the highest percentage of students in grade three scoring at the lowest achievement standard level on the state ELA assessment. Appropriates $50 million for this purpose and authorizes $3 million of this amount to be used to establish an Expert Lead in Literacy at a COE, to serve within the SOS. Appropriates $50 million for the purpose of funding California SUMS. Authorizes $9.8 million for the RII Grant Program to generate and disseminate professional learning opportunities for kindergarten through grade twelve educators in the areas of evidence-based literacy, intensive literacy interventions, and support of pupils’ executive functioning skills.
AB 1684 (Maienschein) of the 2019-20 Session would have required the CDE to develop and implement a professional development program to support educators in teaching literacy and reading, including providing dedicated funds to schools identified by the state’s accountability system as needing special ELA support, consistent with the state’s SOS for schools. This bill was held in the Senate Education Committee.
SB 494 (Hueso) of the 2017-18 Session would have established the Golden State Reading grant program for the purpose of assisting LEAs in ensuring that all students meet reading standards and language progressive skills by the end of grade 3. This bill was vetoed by the Governor, who stated:
Local educational agencies already have the flexibility under the Local Control Funding Formula to provide students the support they need to ensure that appropriate reading and language skills are achieved.
REGISTERED SUPPORT / OPPOSITION:
Support
American Association of School Libraries
California County Librarians Association
California School Library Association
Madera County Superintendent of Schools
Merced County Office of Education
Napa County Office of Education
Ventura County Office of Education
Opposition
7 individuals
Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087
