Existing law requires the Governor to establish the California Interagency Council on Homelessness, and requires the council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California, and promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness. Existing law sets forth the composition of the council, which includes, among others, the Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services, who serve as cochairs of the council.

This bill would add a representative from the State Council on Developmental Disabilities to the council described above.

Date of Hearing: July 12, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

SBPCA Bill Id:SB 246

Author:(Ochoa Bogh) – As Introduced Ver:January 26, 2023

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

SUMMARY:

This bill adds a representative from the State Council on Developmental Disabilities (SCDD) to the California Interagency Council on Homelessness (Cal ICH).

FISCAL EFFECT:

Cal ICH estimates General Fund (GF) costs of $178,000 in the first year and ongoing GF costs of approximately $170,000 annually for one staff position to provide administrative support for the expanded council. Cal ICH indicates it has three staff, provided by the Business, Consumer Services, and Housing Agency per existing law, who each devote a portion of their time to staffing the work of the 20-member council. While Cal-ICH notes any additional increase in the size of the council is not absorbable, it seems unlikely adding one council member would require a full-time, rather than part-time, staff position. It seems likely the full-time staff position anticipated by Cal ICH would be available to perform other agency duties as well.

COMMENTS:

1. Purpose. The author intends this bill to ensure the experiences of people with developmental disabilities are included in the efforts to end homelessness. According to the author:

In order to effectively address the many challenges associated with assisting the unhoused population, a wide variety of perspectives must be sought, including the perspective of those with knowledge about the intricacies of struggling with a developmental disability. [This bill] adds a representative of SCDD to Cal ICH, ensuring those with developmental disabilities have an advocate on the Council.

1. Background.

Cal ICH. Existing law establishes Cal ICH within the Business, Consumer Services and Housing Agency for the broad purpose of coordinating the state’s response to homelessness. Existing law identifies specific goals for Cal ICH, including, but not limited to, identifying resources and services that can be accessed to prevent and end homelessness in California, creating partnerships among local, state, and federal entities to arrive at strategies to end homelessness; coordinating existing homelessness funding; making policy and procedural recommendations to the Legislature; and, creating a Homeless Data Integration System. The Secretary of the Business, Consumer Services, and Housing Agency and the Secretary of the California Health and Human Services Agency serve as co-chairs of the council. Existing law requires the Business, Consumer Services, and Housing Agency to provide staff for the council.

Cal ICH must meet quarterly and is comprised of 20 members from various state departments including the directors of the state departments of Housing and Community Development, Social Services, Veterans Affairs, Corrections and Rehabilitation, Aging, Rehabilitation, and State Hospitals, among others, as well as representatives from the Department of Education and the higher education system.

AB 1220 (Luz Rivas), Chapter 398, Statutes of 2021, among other changes, reconstituted Cal ICH’s membership and added an advisory committee within Cal ICH that meets twice a year. SB 1421 (Jones), Chapter 671, Statutes of 2022, required Cal ICH to appoint an individual with a developmental disability who is currently or formerly homeless to the council’s advisory committee.

Unlike for other targeted populations, such as seniors, veterans, former inmates, and low-income families, there is no direct, state-level representation of people with developmental disabilities on Cal-ICH. In order to ensure equitable representation, this bill adds a representative from SCDD to the Cal ICH membership.

SCDD. SCDD was established by the federal Developmental Disabilities and Bill of Rights Act as well as the state Lanterman Act as an independent state agency to ensure individuals with developmental disabilities and their families receive the services and supports they need. SCDD has 31 members appointed by the Governor, including individuals with disabilities, their families, federally funded partners and state agencies. SCDD engages in advocacy, capacity building, and systemic change activities consistent with federal law to contribute to a coordinated, comprehensive system of community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families.

1. Related Legislation. SB 842 (Jones) adds the director of the state Department of Developmental Services (DDS) to the Cal ICH membership. SB 842 is pending in this committee.

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

Date of Hearing: June 20, 2023

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Corey A. Jackson, Chair

SBPCA Bill Id:SB 246

Author:(Ochoa Bogh) – As Introduced Ver:January 26, 2023

SENATE VOTE: 40-0

SUBJECT: California Interagency Council on Homelessness

SUMMARY: Adds a representative from the State Council on Developmental Disabilities (SCDD) to the California Interagency Council on Homelessness (Cal ICH).

EXISTING LAW:

1. Establishes the “United States Interagency Council on Homelessness” to coordinate a federal response to homelessness and create a national partnership at every level of government and with the private sector to end homelessness. (42 United States Code 11311)
2. Defines, in federal statute, the word “homeless” for the purpose of housing assistance, to mean an individual or family who lacks a fixed, regular, and adequate nighttime residence, such as:
3. A primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
4. A supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or,
5. Exiting an institution where an individual resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. (42 Code of Federal Regulations [CFR] 91.5)
6. Defines continuums of care (CoCs) to mean the group organized to carry out the responsibilities required under the federal McKinney-Vento Homeless Assistance Act, and that includes representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate. (24 CFR 578.3)
7. Defines “Housing First” to mean the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and do not make housing contingent on participation in services. It includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer-term rental assistance, income assistance, or employment. (Welfare and Institutions Code Section [WIC] 8255(d))
8. States Legislative findings and declarations about homelessness, the housing shortfall and other related issues including: the Legislature finds and declares that there exists within the urban and rural areas of the state a significant number of persons without decent, safe, and sanitary housing. This shortage is inimical to the health, safety, and welfare of the residents of this state and the sound growth of its communities. Without the assistance contemplated in existing law, it is not financially feasible for private enterprise and private investors to provide decent, safe, and sanitary emergency housing for persons who are homeless. (Health and Safety Code Section 50003.3)
9. Establishes Cal ICH to oversee and coordinate the implementation of the Housing First guidelines and regulations in California, and to identify resources and services that can be accessed to prevent and end homelessness in California. (WIC 8255 et. seq)
10. Establishes all of the following goals for Cal ICH:
11. To oversee implementation;
12. To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California;
13. To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness;
14. To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age;
15. To coordinate existing funding and applications for competitive funding;
16. To make policy and procedural recommendations to legislators and other governmental entities;
17. To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding;
18. To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding;
19. To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California;
20. To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness;
21. To ensure accountability and results in meeting the strategies and goals of the council;
22. To identify and implement strategies to fight homelessness in small communities and rural areas;
23. To create a statewide data system or warehouse, which shall be known as the Homeless Data Integration System, that collects local data through Homeless Management Information Systems (HMIS), with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as the Medi-Cal program and CalWORKs. Requires, upon creation of the Homeless Data Integration System, all continuums of care that are operating in California to provide collected data elements, including, but not limited to, health information, in a manner consistent with federal law, to the Homeless Data Integration System.
24. To set goals to prevent and end homelessness among California’s youth;
25. To improve the safety, health, and welfare of young people experiencing homelessness in the state;
26. To increase system integration and coordinating efforts to prevent homelessness among youth who are currently or formerly involved in the child welfare system or the juvenile justice system;
27. To lead efforts to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness;
28. To identify best practices to ensure homeless minors who may have experienced maltreatment, as described in Welfare and Institutions Code Section 300, are appropriately referred to, or have the ability to self-refer to, the child welfare system; and,
29. To collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs. (WIC 8257(b))
30. Establishes the SCDD with authority independent of any single state service agency. (WIC 4520(a).

FISCAL EFFECT: According to the Senate Appropriations Committee analysis on January 26, 2023, Cal ICH anticipates potential ongoing costs, in the hundreds of thousands (General Fund), for additional staff resources.

COMMENTS:

Background: Homelessness in California. Over 173,000 individuals in California experience homelessness on any given night, based on the most recent annual point in time (PIT) count conducted in January 2022. This is largely considered an undercount of the actual number of people experiencing homelessness because it does not consider those that are couch-surfing or temporarily housed in non-traditional shelters. Of those individuals, over 115,000 are unsheltered, meaning they live on the streets, sleep in cars, camp in parks, or are otherwise staying in places not meant for human habitation.

The causes and duration of homelessness are varied. Some individuals experiencing homelessness are chronically homeless, meaning they have experienced homelessness for at least a year, or repeatedly, while struggling with a disabling condition such as a serious mental illness, substance use disorder, or physical disability. Based on the 2022 PIT count, 60,905 people in the state are chronically homeless and of those 45,132 are unsheltered. An individual is considered chronically homeless if they have a disability as defined under federal law; are living in a place not meant for human habitation, safe haven or an emergency shelter; and have been homeless for at least 12 months or on at least four separate occasions in the last three years. In addition, an individual who has been residing in an institutional care facility, including jail, substance use disorder or mental health treatment facility, hospital, or another similar facility, for fewer than 90 days and met all of the criteria previously stated is also considered chronically homeless.

Although some individuals struggle with substance use disorders or mental illness, a growing group of people fall into homelessness due to a mismatch between wages and housing costs. One in three households in the state does not earn enough money to meet their basic needs. From October 1, 2020, to September 20, 2021, the average Fair Market Rent (FMR) for a two-bedroom apartment in the state was $2,030. To afford rent and utilities without being rent-burdened (paying more than 30% of income toward rent), a household must earn $6,766 per month or $81,191 per year. This translates into an hourly wage of $39.03 for a full-time worker. The top five most common occupations in California – home health care workers, fast food workers, cashiers, laborers, and retail salespersons – pay less than the wage needed to afford a home. Over 89% of extremely low-income renter households in California are rent-burdened and over 64% of lower-income households are rent-burdened currently.

According to the Statewide Housing Plan, to meet California’s unmet housing needs, the state needs an additional 2.5 million housing units, including 1.2 million for lower-income households. Decades of underbuilding have led to a lack of housing overall, particularly housing that is affordable to lower-income households. The state needs an additional 180,000 new units of housing a year to keep up with demand – including about 80,000 units of housing affordable to lower-income households. By contrast, production in the past decade has been under 100,000 units per year – including less than 20,000 units of affordable housing.

Despite recent investments over the last few years, state and local governments have not significantly invested in affordable housing production in decades, leading to a lack of supply. In addition, local governments have failed to adequately zone or plan for affordable housing for decades. In the last seven years, the state has taken major steps to increase the supply of housing by requiring local governments to plan and zone for 2.5 million new housing units, holding local governments accountable for approving housing, and streamlining both affordable housing and mixed-income housing.

Cal ICH, formerly known as the Homeless Coordinating and Financing Council (HCFC), was established through the enactment of SB 1380 (Mitchell), Chapter 847, Statutes of 2016, in an effort to coordinate the state’s response to homelessness. As created by SB 1380, the Council was housed within the California Department of Housing and Community Development (HCD), which was also responsible for providing staff for the Council.

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

AB 1220 (Luz Rivas), Chapter 398, Statutes of 2021, changed the name of the Council from the Homelessness Coordinating and Financing Council to the California Interagency Council on Homelessness and reconstituted its membership. AB 1220 also added an advisory committee within Cal ICH that meets twice a year, and is composed of the following members: a survivor of gender-based violence who formerly experienced homelessness; a person with a disability who formerly experienced homelessness; representatives of local agencies or organizations that participate in HUD’s Continuum of Care Program; stakeholders with expertise in solutions to homelessness and best practices from other states; representatives of committees on African Americans, youth, and survivors of gender-based violence; a current or formerly homeless person who lives in California; and a current or formerly homeless youth who lives in California. One advisory committee member will be chosen to participate in the quarterly council meetings to report their committee’s activities to Cal ICH. Additionally, SB 1421 (Jones), Chapter 671, Statutes of 2022, required Cal ICH to appoint an individual with a developmental disability who is currently or has formerly experienced homelessness to the Council’s advisory committee.

Cal ICH was created in part to oversee the state’s implementation of Housing First. By July 1, 2019, agencies and departments administering state programs relating to homelessness are required to collaborate with the Council to revise or adopt guidelines and regulations that incorporate core components of Housing First. To that end, Cal ICH had adopted a Housing First Checklist to be used by state agencies to assess their homelessness-related programs and make recommendations on any changes required to bring their programs into alignment with Housing First statute.

Cal ICH is required to hold public meetings at least once every quarter. The current makeup of Cal ICH is as follows:

• The Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services Agency, who both serve as co-chairs.
• The Director of the California Department of Transportation.
• The Director of the California Department of Housing and Community Development.
• The Director of the California Department of Social Services.
• The Director of the California Housing Finance Agency.
• The Director or the State Medicaid Director of Health Care Services.
• The Secretary of Veterans Affairs.
• The Secretary of the Department of Corrections and Rehabilitation.
• The Executive Director of the California Tax Credit Allocation Committee in the Treasurer’s office.
• The State Public Health Officer.
• The Director of the California Department of Aging.
• The Director of Rehabilitation.
• The Director of State Hospitals.
• The Executive Director of the California Workforce Development Board.
• The Director of the Office of Emergency Services.
• A representative from the State Department of Education, as appointed by the Superintendent of Public Instruction.
• A representative of the state public higher education system from one of the following:
• The California Community Colleges.
• The University of California.
• The California State University.

In addition the Senate Committee on Rules and the Speaker of the Assembly each appoint one member to Cal ICH from two different stakeholder organizations.

Cal ICH is authorized, at its discretion, to invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council.

This bill would add a representative from the State Council on Developmental Disabilities to the membership of Cal ICH.

Cal ICH Programs. The Homelessness Housing, Assistance and Prevention Program (HHAP) provides funding to CoCs, counties, and cities over 300,000 in population to fund evidence-based approaches to end and prevent homelessness. HHAP can be used for various purposes, including rental assistance and rapid rehousing, operating subsidies for affordable housing, shelters, supportive housing, incentives for landlords, and supports to improve the local homelessness services and housing delivery system.

As authorized by AB 101, (Committee on Budget), Chapter 159, Statutes of 2019, HHAP Round 1 is a $650 million, five-year block grant program designed to provide jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges. In total, $618 million was allocated to 102 grantees comprised of all 58 counties, 44 CoCs, and the state’s 13 largest cities. Counties received 27% of the funding, CoCs received 30%, and cities received 43%. The goal of these changes is to build coordination within the local response system that extends beyond HHAP funding.

HHAP Round 4 Funding allocated $1 billion in the 2022-23 fiscal year and requires funding allocated of the program to be spent in the following manner:

• Prohibits a program recipient from using funding from the program to supplant existing local funds for homelessness services under penalty of disallowance or reduction, or both, of future program funds, as determined by the council.
• Provides that no more than 5% or $50 million of the funds shall be used to cover the council’s costs of administration and permits Cal ICH to expend administrative funds until December 31, 2027, to complete grant close-out activities.
• Provides that a program recipient use at least 10% of the funds allocated for homeless youth populations.
• Requires all funds to be expended on evidence-based interventions and in compliance with Housing First.
• Requires a recipient to contractually obligate not less than 75% and expend not less than 50% of the initial Round 4 program allocations no later than May 31, 2025. If the jurisdiction has met this requirement, and can demonstrate that they are on track to meet their outcome goals, Cal ICH shall distribute the balance of the jurisdiction’s allocated funding.
• Provides that the council shall determine whether a recipient has met its outcome goals through July 1, 2025, and shall award bonus funding as soon as data becomes available, but no later than November 1, 2025.
• Requires that all Round 4 program funds, including bonus funds, shall be expended by June 30, 2027.

Encampment Resolution Program. This program provided grants to counties, CoCs, and cities to transition individuals living in encampments into stable housing. It also included a set-aside for encampments on the state’s right-of-ways.

Family Reunification Program. This program provided grants and technical assistance to counties, CoCs, and cities to promote rapid innovation, accelerate nascent programs, and expand promising practices to create scalable solutions that can be shared across the state to address and ultimately end family homelessness. This program provided one-time funds that were awarded in June 2022.

The State Council on Developmental Disabilities (SCDD) was established by the federal “Developmental Disabilities and Bill of Rights Act” as well as the state Lanterman Act to ensure that individuals with developmental disabilities and their families participate in the planning, design and receipt of the services and supports they need which promote increased independence, productivity, inclusion and self-determination. SCDD engages in advocacy, capacity building, and systemic change activities that are consistent with the policy contained in federal law to contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system that includes the provision of needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families.

The Council comprises 31 members appointed by the Governor, including individuals with disabilities, their families, federally funded partners and state agencies and has 12 regional offices.

SCDD identifies methods to improve and increase services for individuals and their families and to submit these to the federal government in the form of a State Plan. According to the Department of Finance in May of 2017, 39,810,000 Californians report having a developmental disability.

Author’s Statement: According to the Author, “The U.S. Department of Housing and Urban Development’s report to Congress asserts that almost 30 percent (161,548 people) of all individuals experiencing homelessness across the nation are in California. According to Psychology Today, 30 to 40 percent of this population have a cognitive impairment, including traumatic brain injury, learning difficulties, intellectual disabilities, autism spectrum disorder, and/or attention deficit hyperactivity disorder.

“In order to effectively address the many challenges associated with assisting the unhoused population, a wide variety of perspectives must be sought, including the perspective of those with knowledge about the intricacies of struggling with a developmental disability. [This bill] adds a representative of State Council on Developmental Disabilities (SCDD) to the Interagency Council on Homelessness, ensuring those with developmental disabilities have an advocate on the Council.”

Need for this bill: The provisions of this bill seek to expand the perspective of Cal ICH by including a representative of SCDD on Cal ICH in an effort to ensure that the experiences of people with developmental disabilities are included in the effort to end homelessness.

Equity Implications: There are already vast disproportionalities within the homeless population. According to the 2020 U.S. Department of Housing and Urban Development’s report to Congress, California accounted for 28% of the country's homeless population, despite our state making up less than 12% of the nation’s total population. In addition, California is home to 50% of the country's unsheltered people. Significant racial disproportionality exists among those experiencing homelessness. People who identify as Black are overrepresented in California's population of people experiencing homelessness. According to the 2022 PIT count, 30% of the homeless population are Black, while only comprising 6% of the state’s overall population. In addition to the racial and geographic disproportionality that exists within the homeless population, there is data supporting that a significant percentage of the homeless population have a cognitive impairment, including traumatic brain injury, learning difficulties, intellectual disabilities, autism spectrum disorder, and/or attention deficit hyperactivity disorder.

The Legislature has stated intent, consistent with its authority and responsibilities under federal law, that SCDD remain accessible and responsive to the diverse geographic, racial, ethnic, and language needs of individuals with developmental disabilities and their families throughout California.

RELATED AND PRIOR LEGISLATION:

SB 842 (Jones) of 2023, makes changes to the membership of Cal ICH by adding the director of the state Department of Developmental Services (DDS) to the Council. SB 842 includes an urgency clause for the provisions to go into immediate effect if passed. SB 824 is set to be heard by the Assembly Human Services Committee for June 20, 2023.

SB 1421 (Jones), Chapter 671, Statutes of 2022, added a current or formerly homeless individual with a developmental disability to the Cal ICH advisory committee.

SB 1134 (Melendez) of 2022, would have made changes to the membership Cal ICH by adding the Director of DDS to the Council. SB 1134 was substantially amended on May 24, 2022, and no longer fell under the jurisdiction of this committee.

AB 1220 (Luz Rivas), Chapter 398, Statutes of 2021, changed the name of the Homelessness Coordinating and Financing Council (HCFC) to Cal ICH and reconstituted its membership.

SB 333 (Wilk) of 2019, would have assigned additional duties to HCFC (now Cal ICH). SB 333 was held on the Assembly Appropriations Committee suspense file.

SB 687 (Rubio), Chapter 345, Statutes of 2019, required the Governor to appoint one representative from either the California Community Colleges, University of California, or California State University to HCFC (now Cal ICH).

SB 918 (Wiener), Chapter 841, Statutes of 2018, established the “Homeless Youth Act of 2018” to better serve the state’s homeless youth population and required HCFC (now Cal ICH) to take on additional related responsibilities that are focused on addressing the needs of youth experiencing homelessness.

SB 792 (Wilk) of 2018, would have required the Council to develop and implement a statewide strategic plan for addressing homelessness in California and to better implement recommended activities and meet HUD requirements by July 1, 2020. SB 792 was held on the Assembly Appropriations Committee suspense file.

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

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

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

REGISTERED SUPPORT / OPPOSITION:

Support

Association of Regional Center Agencies

California State Council on Developmental Disabilities (SCDD)

Child Support Directors Association of California

Disability Rights California

East Bay Developmental Disabilities Legislative Coalition

East Bay Legislative Coalition

SCDD

Opposition

None on file

Analysis Prepared by: Jessica Langtry / HUM. S. / (916) 319-2089

 THIRD READING 

Bill No: SB 246

Author: Ochoa Bogh (R), et al.

Introduced: 1/26/23

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 3/20/23

AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab

SENATE HOUSING COMMITTEE: 11-0, 4/24/23

AYES: Wiener, Ochoa Bogh, Blakespear, Caballero, Cortese, McGuire, Padilla, Seyarto, Skinner, Umberg, Wahab

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/18/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

SUBJECT: California Interagency Council on Homelessness

SOURCE: Author

DIGEST:

This bill makes changes to the membership of the California Interagency on Homelessness (Cal ICH) by adding a representative from the State Council on Developmental Disabilities (SCDD) to the Council.

ANALYSIS:

Existing law:

1. Establishes the United States Interagency Council on Homelessness to coordinate a federal response to homelessness and create a national partnership at every level of government and with the private sector to end homelessness. (42 United States Code (USC) 11311)
2. Defines, in federal statute, the word “homeless” for the purpose of housing assistance, to mean an individual or family who lacks a fixed, regular, and adequate nighttime residence, such as:
   1. A primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
   2. A supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or
   3. Exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. (42 Code of Federal Regulations 91.5)
3. Defines, in federal statute, the term “homeless individual with a disability” to mean an individual who is homeless and has a disability, as specified, that is:
   1. Expected to be long-continuing or of indefinite duration; substantially impedes the individual’s ability to live independently; could be improved by the provision of more suitable housing conditions; and, is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse, post- traumatic stress disorder, or brain injury;
   2. A developmental disability, as defined; or
   3. The disease of acquired immunodeficiency syndrome or any condition arising from the etiologic agency for acquired immunodeficiency syndrome. (42 USC 11360(10))
4. Establishes the SCDD with authority independent of any single state service agency pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, to engage in advocacy, capacity building, and systemic change activities that are consistent with the policy contained in federal law and contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system that includes the provision of needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families, as provided. (42 USC 15001, WIC 4520 et. seq.)
5. Defines a “developmental disability” to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature. (WIC 4512(a))
6. Establishes the Cal ICH to oversee and coordinate the implementation of Housing First guidelines and regulations in California, and to identify resources and services that can be accessed to prevent and end homelessness in California. (WIC 8255 et. seq.)
7. Sets the goals for the Cal ICH including, but not limited to, identification of resources and services to prevent and end homelessness; creating partnerships among local, state, federal entities to arrive at strategies to end homelessness; coordinating existing homelessness funding; making policy and procedural recommendations to the Legislature; and, creating a Homeless Data Integration System, as provided. (WIC 8257(b))

This bill adds a representative from the SCDD to the Cal ICH membership.

Background

California Homelessness Data. Since 2016, homelessness in America, and particularly in California, has been growing at an increasing rate. Homelessness has been correlated with a number of negative effects, including high rates of chronic disease and acute illness, a broad range of mental health and substance use issues, greater exposure to violence, malnutrition, extreme weather, and criminal charges. The health, personal, and economic challenges that chronically homeless individuals and families face and the lack of effective, coordinated services to address these problems often lead to a cycle of housing instability and health deterioration. Persistent homelessness impedes access to needed health and employment services. Additionally, the conditions of homelessness often make it more difficult to exit homelessness, by creating barriers to the resources necessary to obtain income through training, education, and employment.

Each January, the U.S. Department of Housing and Urban Development (HUD) has local community Continuums of Care (CoCs) conduct a Point in Time (PIT) count of people experiencing homelessness, and includes people experiencing homelessness who are “sheltered” – living in temporary shelters – and those who are “unsheltered,” or living out in the open or in places not designated for, or ordinarily used as, a regular sleeping accommodation for people (i.e. the streets, vehicles, or parks). The PIT count is required by HUD as a condition of receiving federal funding. According the 2022 PIT count, 171,521 people experienced homelessness in California, representing 30 percent of the nation’s homelessness population. Additionally, California accounted for 50 percent of all people experiencing unsheltered homelessness in the nation (115,491 people), more than nine times the number of unsheltered people in the state with the next highest number, Washington (12,668). The PIT count also showed:

• Major city CoCs had the largest percentage of people experiencing homelessness in unsheltered locations, 43 percent, followed by largely rural CoCs, 41 percent.
• Nationwide, between 2020 and 2022, 35 states experienced an increase in the number of individuals with chronic patterns of homelessness, including California with an increase of 18.3 percent (8.948 individuals).
• More than two thirds of all people experiencing homelessness in the United States (72%) did so in households without children present.

Due to the Covid-19 pandemic’s disruptions, the January 2021 PIT count efforts were refocused to survey people experiencing sheltered homelessness and a report focused on this was released in February 2022. HUD cautioned that the 2021 data may not fully represent the number of people experiencing sheltered homelessness due to the Covid-19 pandemic limitations. HUD began requiring counts of both sheltered and unsheltered homelessness again in 2022 and released its 2022 PIT count in December 2022. To address changes in the count during the Covid-19 pandemic, some of the data in the 2022 PIT count is averaged across the three year period.

Stakeholders typically feel the annual PIT count is limited, because while these numbers provide a snapshot of the state’s homeless population during a single night, they likely underestimate the scope of the crisis because: (1) the HUD PIT count only measures the homeless population on one day of the year, and (2) it does not capture everyone experiencing homelessness, as some do not wish to be counted, while others cannot be counted because their location is not known to the counters. These shortcomings were further highlighted by the Covid-19 pandemic related limitations on data collection efforts and resulting focus on sheltered homelessness in 2021. Additionally, as many of the Covid-19 restrictions on congregate care settings were relaxed in 2022, and later ended in 2023, we will likely see a continued increase in sheltered homelessness as capacity limitations are lifted at emergency shelters.

Disabilities and Chronic Homelessness. Under federal law, people experiencing chronic homelessness is partially defined to include, “people with disabilities who also experience extended or repeated episodes of homelessness”. A 2017 United States Interagency Council on Homelessness (USICH) study reviewed data from the 2017 PIT data count and found: (1) people with disabilities were disproportionately represented among all people experiencing homelessness, (2) estimates suggested that on any given day about 24 percent of individuals experiencing homelessness (86,962 of 369,081 individuals) were people with disabilities who met the federal definition of experiencing chronic homelessness, (3) estimates suggest that about 10-15 percent of all individuals who enter homelessness will experience chronic homelessness, and, that (4) most of these individuals were living in major cities (57 percent) or smaller cities or counties (33 percent) rather than in rural areas.

Additionally, the USICH determined that more than six percent of adults living in permanent supportive housing (PSH) in 2016 had a developmental disability. PSH is an evidence-based housing intervention that combines on-going rental assistance with supportive services such as health and mental health care for chronically homeless households. PSH, implemented through a Housing First approach, has been shown to help people with disabilities permanently stay out of homelessness, improve their health conditions, and significantly reduce their use of costly crisis services.

State Council on Developmental Disabilities. The State Council on Developmental Disabilities (SCDD) was established as an independent state agency to ensure that people with developmental disabilities and their families receive the services and supports they need. As authorized by state and federal law, SCDD is made up of a thirty-one (31) member council of individuals with disabilities, their families, federally funded partners and state agencies, appointed by the Governor. Federal law requires the SCDD to identify methods to improve and increase services for individuals and their families and to submit a State Plan for approval to the Administration on Intellectual and Developmental Disabilities (AIDD). SCDD is headquartered in Sacramento, but has regional offices throughout California that provide advocacy assistance, training, monitoring and public information, among other things, so that the rights of individuals with developmental disabilities’ and their families’ rights are respected and protected. The SCDD’s regional offices also participate in developing and implementing the goals and work of Council.

California Interagency Council on Homelessness (Cal ICH). SB 1220 (Rivas, L., Chapter 398, Statutes of 2021) renamed the Homeless Coordinating and Financing Council (HCFC) to Cal ICH, named the secretaries of BCSH and CHHS as co-chairs of the council, and changed the membership composition from one of that included a mix of state and local agencies, persons who previously experienced homelessness, and homeless advocacy groups to one composed of state departments’ and offices’ directorate, including the Departments of Rehabilitation, Aging, Social Services, State Hospitals, and the state’s Medicaid Director. SB 1220 also added an advisory committee that meets twice a year with the Cal ICH, and is composed of the following members: a survivor of gender-based violence who formerly experienced homelessness; representatives of local agencies or organizations that participate in HUD’s Continuum of Care Program; stakeholders with expertise in solutions to homelessness and best practices from other states; representatives of committees on African Americans, youth, and survivors of gender-based violence; a current or formerly homeless person who lives in California; and a current or formerly homeless youth who lives in California. One advisory committee member will be chosen to participate in the quarterly council meetings to report their committee’s activities to the Cal ICH. Additionally, SB 1421 (Jones, Chapter 671, Statutes of 2022) required Cal ICH to appoint an individual with a developmental disability who is currently or has formerly experienced homelessness to the Council’s advisory committee.

Cal ICH is tasked to continue the work it began as HCFC, which was created by SB 1380 (Mitchell, Chapter 847, Statutes of 2016), such as coordinating the state’s response to homelessness, and creating partnerships among state agencies and departments, local government agencies, nonprofits, and federal agencies, among others. Cal ICH is also responsible for administering and distributing funding associated with the Homeless Housing Assistance and Prevention Program, through which millions of dollars allocated through the state budget process are provided to local governments and CoCs to address immediate homelessness challenges. Additionally, SB 918 (Wiener, Chapter 841, Statutes of 2018) required Cal ICH to set and measure progress toward goals to prevent and end homelessness among youth in California, as provided.

Related/Prior Legislation

SB 842 (Jones, 2023) adds the director of the Department of Developmental Services to the Cal ICH. This bill as introduced is identical to SB 1134 (Melendez, 2022) as heard before this committee in 2022. This bill is currently waiting to be heard on the Senate Floor.

SB 1421 (Jones, Chapter 671, Statutes of 2022) added a currently or formerly homeless person with a developmental disability to Cal ICH’s advisory committee.

SB 1134 (Melendez, 2022) would have added the director of the Department of Developmental Services to the Cal ICH. This bill was later amended out of Senate Human Services Committee’s jurisdiction and subsequently held in the Assembly Appropriations Committee.

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

According to the Senate Appropriations Committee, Cal ICH anticipates potential ongoing costs, in the hundreds of thousands (General Fund), for additional staff resources.

SUPPORT: (Verified 5/19/2023)

California State Council on Developmental Disabilities

Disabilities Rights California

East Bay Developmental Disabilities Legislative Coalition

OPPOSITION: (Verified 5/19/2023)

None received

Prepared by: Bridgett Hankerson / HUMAN S. / (916) 651-1524

5/23/23 14:26:36

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

SB 246 (Ochoa Bogh) - California Interagency Council on Homelessness

Bill Summary:

SB 246 would make changes to the membership of the California Interagency Council on Homelessness (Cal ICH) by adding a representative from the State Council on Developmental Disabilities (SCDD) to the council.

Fiscal Impact:

Cal ICH anticipates potential ongoing costs, in the hundreds of thousands (General Fund), for additional staff resources.

Background:

Current law establishes the Cal ICH. The goals for the Cal ICH include, but are not limited to, identification of benefits, resources and services to prevent and end homelessness; creating partnerships among local, state, federal entities to arrive at strategies to end homelessness; coordinating existing homelessness funding; making policy and procedural recommendations to the Legislature; and, creating a Homeless Data Integration System. The Secretary of the Business, Consumer Services, and Housing Agency and the Secretary of the California Health and Human Services Agency serve as co-chairs of the council. Existing law requires the Business, Consumer Services, and Housing Agency to provide staff for the council.

The SCDD was established as an independent state agency to ensure that people with developmental disabilities and their families receive the services and supports they need. As authorized by state and federal law, SCDD is made up of a thirty-one member council of individuals with disabilities, their families, federally funded partners and state agencies, appointed by the Governor.

Proposed Law:

SB 246 would add a representative from the SCDD to the Cal ICH membership.

Related Legislation:

SB 842 (Jones) would add the Director of Developmental Services to the Cal ICH membership. This bill is currently set for a hearing on May 8 in this committee.

-- END --

SENATE COMMITTEE ON HOUSING

Senator Scott Wiener, Chair

2023 - 2024 Regular

Bill No: SB 246 Hearing Date: 4/24/2023

SUBJECT: California Interagency Council on Homelessness

DIGEST: This bill adds a representative from the State Council on Developmental Disabilities (SCDD) to the California Interagency Council on Homelessness (Cal-ICH).

ANALYSIS:

Existing law:

1. Defines “Housing First” as the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
2. Establishes Cal-ICH to coordinate the State’s response to homelessness using Housing First practices with a number of goals including, but not limited to:
   1. Creating partnerships among state agencies and departments;
   2. Promoting systems integration to increase efficiency and effectiveness;
   3. Coordinating existing funding and application for competitive funding.
3. Establishes the Secretary of the Business, Consumer Services and Housing Agency and the Secretary of the California Health and Human Services Agency as co-chairs of the council which consists of 20 other members:
   
   1. The Director of Transportation
   2. The Director of Housing and Community Development
   3. The Director of Social Services
   4. The Director of the California Finance Agency
   5. The Director or the State Medicaid Director of Health Care Services
   6. The Secretary of Veterans Affairs
   7. The Secretary of the Department of Corrections and Rehabilitation
   8. The Executive Director of the California Tax Credit Allocation Committee in the State Treasurer’s Office
   9. The State Public Health Officer
   10. The Director of the California Department of Aging
   11. The Director of Rehabilitation
   12. The Director of State Hospitals
   13. The Executive Director of the California Workforce Development Board
   14. The Director of the Office of Emergency Services
   15. A representative from the State Department of Education
   16. A representative of the state public higher education system from one of the following:
       
       1. The California Community Colleges
       2. The University of California
       3. The California State University
          
   17. The Senate Committee of Rules and the Speaker of the Assembly shall each appoint one member to the council from two different stakeholder organizations.
4. Requires Cal-ICH to have a public meeting at least once every quarter and authorizes Cal-ICH to invite stakeholders, members of the philanthropic community, experts, and individuals who have experienced homelessness.
5. Requires Cal-ICH to seek guidance from and meet, at least twice a year, with an advisory committee that include the following:
   
   1. A survivor of gender-based violence who formerly experienced homelessness
   2. Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program
   3. Stakeholders with expertise in solutions to homelessness and best practices from other states
   4. Representatives of committees of African Americans, youth, and survivors of gender-based violence
   5. A current or formerly homeless person who lives in California
   6. A current of formerly homeless youth who lives in California.
6. Establishes the SCDD in California to be comprised of 31 members appointed by the Governor, including individuals with disabilities, their families, other partners and state agencies.

This bill:

1. Adds a representative from the State Council on Developmental Disabilities to Cal-ICH.

COMMENTS:

1. Author’s statement. “The U.S. Department of Housing and Urban Development’s report to Congress asserts that almost 30 percent (161,548 people) of all individuals experiencing homelessness across the nation are in California. According to Psychology Today, 30 to 40 percent of this population have a cognitive impairment, including traumatic brain injury, learning difficulties, intellectual disabilities, autism spectrum disorder, and/or attention deficit hyperactivity disorder. In order to effectively address the many challenges associated with assisting the unhoused population, a wide variety of perspectives must be sought, including the perspective of those with knowledge about the intricacies of struggling with a developmental disability. SB 246 adds a representative of State Council on Developmental Disabilities (SCDD) to the Interagency Council on Homelessness, ensuring those with developmental disabilities have an advocate on the Council.”
2. SCDD and housing. SCDD administers grants to community-based organizations to fund new and innovative program development projects. All projects are intended to implement the California State Strategic Plan goals and objectives, including projects for improving housing options, to improve and enhance services for Californians with developmental disabilities and their families.^[1]
3. Cal-ICH. Cal-ICH, formerly known as the Homeless Coordinating and Financing Council (HCFC), was created to oversee the implementation of “Housing First” policies, guidelines, and regulations to reduce the prevalence and duration of homelessness in California. Housing First is an evidence-based model that focuses on the idea that homeless individuals should be provided shelter and stability before underlying issues can be successfully addressed. Housing First utilizes a tenant screening process that promotes accepting applicants regardless of their sobriety, use of substances or participation in services. As the state’s homelessness crisis has worsened, the role of Cal-ICH has significantly increased, as it has been charged with administering two significant programs dedicated to addressing homelessness, the Homeless Emergency Aid Program (HEAP) and the Homeless Housing Assistance and Prevention Program (HHAPP).
4. Homelessness Numbers. According to the United States Interagency Council on Homelessness, chronically homeless people are people with disabilities who also experience extended or repeated episodes of homelessness. The 2020 point in time (PIT) count found that 48,812, or 40%, of individuals with chronic patterns of homelessness were in California; 84% of chronically homeless people in California were unsheltered. Nationally, 110,528 (over a quarter of all homeless individuals) were chronically homeless.^[2] As a note, chronically homeless people are a subpopulation that Cal-ICH is required to quantify, and localities must address this subpopulation in local landscape analyses in order to receive HHAPP funding.

A review article published by UC San Diego in 2015 titled A Quantitative Review of Cognitive Functioning in Homeless Adults suggest the frequency of cognitive impairment is 25% among homeless individuals. This includes neurodevelopmental problems and acquired brain dysfunction. It is also unclear from the data collected if impairments caused homelessness or if homelessness caused impairment, and it is likely that aspects of homelessness impair brain function.^[3] Thus, solving the homelessness crisis is intertwined with mental health supports.

1. Is there a dais in California big enough? This bill would add another member to Cal-ICH bringing the total to 23 people. As noted above, while there is a relationship between developmental disabilities and experiencing homelessness, Cal-ICH possesses the ability under existing law to invite experts and stakeholders to provide expertise on this subject without requiring representation. Given Cal-ICH already has 22 members, there is a risk of having so many members that the council will have a hard time getting things done.
2. Represented already? As a co-chair of Cal-ICH and a member of SCDD, the Cal-HHS Secretary already serves as a representative of SCDD on Cal-ICH. Additionally, since it is infeasible to represent every population experiencing homelessness on Cal-ICH, existing law authorizes Cal-ICH to invite stakeholders, members of the philanthropic community, experts, and individuals who have experienced homelessness to participate in public meetings.
3. And one more. SB 842 (Jones, 2023) is being heard concurrently with this bill. SB 842 would add the Director of Developmental Services to Cal-ICH, bringing the total to 24 members if both SB 842 and this bill pass.

1. Seeing double. This bill is substantially similar to the introduced version of SB 1134 (Melendez, 2022) which was later amended by the author into a different subject in the Assembly.
2. Double Referral. This bill was passed out of the Senate Human Services Committee on March 20, 2023 with a vote of 5-0.

Related Legislation:

SB 842 (Jones, 2023) — would add the Director of Developmental Services to Cal-ICH. This bill is also being heard at this same committee hearing.

SB 1134 (Melendez, 2022) — would have added a representative from the State Council on Developmental Disabilities to Cal-ICH. This bill was amended in the Assembly. This bill died in the Assembly.

SB 1421 (Jones, Chapter 671, Statutes of 2022) — added a current or formerly homeless person with a developmental disability to the advisory committee of Cal-ICH.

AB 1220 (Luz Rivas, Chapter 398, Statutes of 2021) — renamed the Homeless Coordinating and Financing Council to the California Interagency Council on Homelessness. It added five members to Cal-ICH: the State Public Health Officer, The Director of the California Department of Again, The Director of Rehabilitation, The Director of State Hospitals, and the executive director of the California Workforce Development Board. It also created the advisory committee that Cal-ICH must seek guidance from.

SB 1458 (Rubio, 2020) — would have added a representative of the State Department of Public Health to Cal-ICH. This bill is on the inactive file.

AB 58 (Luz Rivas, Chapter 334, Statutes of 2019) — added a representative from the State Department of Education to Cal-ICH.

SB 687 (Rubio, Chapter 345, Statutes of 2019) — added a representative of the state public higher education system to Cal-ICH.

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

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

April 19, 2023.)

SUPPORT:

California State Council on Developmental Disabilities (SCDD)

Disability Rights California

OPPOSITION:

None received.

-- END --

1. CSH, LHA, and SCDD. Statewide Strategic Framework. https://www.csh.org/2019/03/ca-scdd-lha-release-framework-on-housing-for-people-with-i-dd/ ↑

2. Henry et al. “The 2020 Annual Homeless Assessment Report (AHAR) to Congress.” (US Department of Housing and Urban Development, 2021). https://www.huduser.gov/portal/sites/default/files/pdf/2020-AHAR-Part-1.pdf ↑

3. Depp, C. A., Vella, L., Orff, H. J., & Twamley, E. W. (2015). “A quantitative review of cognitive functioning in homeless adults.” The Journal of nervous and mental disease, 203(2), 126–131. https://doi.org/10.1097/NMD.0000000000000248 ↑

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: California Interagency Council on Homelessness

SUMMARY

This bill makes changes to the membership of the California Interagency on Homelessness (Cal ICH) by adding a representative from the State Council on Developmental Disabilities (SCDD) to the Council.

ABSTRACT

Existing Law:

1. Establishes the United States Interagency Council on Homelessness to coordinate a federal response to homelessness and create a national partnership at every level of government and with the private sector to end homelessness. (42 United States Code (USC) 11311)
2. Defines, in federal statute, the word “homeless” for the purpose of housing assistance, to mean an individual or family who lacks a fixed, regular, and adequate nighttime residence, such as:
   1. A primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
   2. A supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or
   3. Exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. (42 Code of Federal Regulations 91.5)
3. Defines, in federal statute, the term “homeless individual with a disability” to mean an individual who is homeless and has a disability, as specified, that is:
   1. Expected to be long-continuing or of indefinite duration; substantially impedes the individual’s ability to live independently; could be improved by the provision of more suitable housing conditions; and, is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse, post- traumatic stress disorder, or brain injury;
   2. A developmental disability, as defined; or
   3. The disease of acquired immunodeficiency syndrome or any condition arising from the etiologic agency for acquired immunodeficiency syndrome.

(42 USC 11360(10))

1. Establishes the SCDD with authority independent of any single state service agency pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, to engage in advocacy, capacity building, and systemic change activities that are consistent with the policy contained in federal law and contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system that includes the provision of needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families, as provided. (42 USC 15001, WIC 4520 et. seq.)
2. Defines a “developmental disability” to mean a disability that originates before an individual attains 18 years of age which continues, or can be expected to continue, indefinitely and constitutes a substantial disability for that individual, including intellectual disability, cerebral palsy, epilepsy, and autism and related conditions, but excluding other handicapping conditions that are solely physical in nature. (WIC 4512(a))
3. Establishes the California Health and Human Services Agency (CHHS), to include the following departments and offices: Aging; Community Services and Development; Developmental Services; Health Care Services; Child Support Services; Managed Health Care; Public Health; Rehabilitation; Social Services; and State Hospitals; Center for Data Insights and Innovation; the Emergency Medical Services Authority; the Office of Statewide Health Planning and Development, the Office of Systems Integration; the Office of Law Enforcement Support; the Office of the Surgeon General; the Office of Youth and Community Restoration; and the State Council on Developmental Disabilities. (GOV 12803)
4. Establishes the Business Consumer Services and Housing Agency (BCSH), to include the Department of Consumer Affairs, the Department of Real Estate, the Department of Housing and Community Development, the Department of Fair Employment and Housing, the Department of Business Oversight, the Department of Alcoholic Beverage Control, the Alcoholic Beverage Control Appeals Board, the California Horse Racing Board, and the Alfred E. Alquist Seismic Safety Commission. (GOV 12804)
5. Establishes the Cal ICH to oversee and coordinate the implementation of Housing First guidelines and regulations in California, and to identify resources and services that can be accessed to prevent and end homelessness in California. (WIC 8255 et. seq.)
6. Sets the goals for the Cal ICH including, but not limited to, identification of resources and services to prevent and end homelessness; creating partnerships among local, state, federal entities to arrive at strategies to end homelessness; coordinating existing homelessness funding; making policy and procedural recommendations to the Legislature; and, creating a Homeless Data Integration System, as provided. (WIC 8257(b))

This Bill:

1. Adds a representative from the State Council on Developmental Disabilities (SCDD) to the Cal ICH membership.

FISCAL IMPACT

This bill has not yet been analyzed by a fiscal committee.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “the U.S. Department of Housing and Urban Development’s report to Congress asserts that almost 30 percent (161,548 people) of all individuals experiencing homelessness across the nation are in California. According to Psychology Today, 30 to 40 percent of this population have a cognitive impairment, including traumatic brain injury, learning difficulties, intellectual disabilities, autism spectrum disorder, and/or attention deficit hyperactivity disorder.”

The author further states that, “in order to effectively address the many challenges associated with assisting the unhoused population, a wide variety of perspectives must be sought, including the perspective of those with knowledge about the intricacies of struggling with a developmental disability. SB 246 adds a representative of SCDD to the Cal ICH, ensuring those with developmental disabilities have an advocate on the Council.”

Background

California Homelessness Data

Since 2016, homelessness in America, and particularly in California, has been growing at an increasing rate. Homelessness has been correlated with a number of negative effects, including high rates of chronic disease and acute illness, a broad range of mental health and substance use issues, greater exposure to violence, malnutrition, extreme weather, and criminal charges. The health, personal, and economic challenges that chronically homeless individuals and families face and the lack of effective, coordinated services to address these problems often lead to a cycle of housing instability and health deterioration. Persistent homelessness impedes access to needed health and employment services. Additionally, the conditions of homelessness often make it more difficult to exit homelessness, by creating barriers to the resources necessary to obtain income through training, education, and employment.

Each January, the U.S. Department of Housing and Urban Development (HUD) has local community Continuums of Care (CoCs) conduct a Point in Time (PIT) count of people experiencing homelessness, and includes people experiencing homelessness who are “sheltered” – living in temporary shelters – and those who are “unsheltered,” or living out in the open or in places not designated for, or ordinarily used as, a regular sleeping accommodation for people (i.e. the streets, vehicles, or parks). The PIT count is required by HUD as a condition of receiving federal funding. According the 2022 PIT count, 171,521 people experienced homelessness in California, representing 30 percent of the nation’s homelessness population. Additionally, California accounted for 50 percent of all people experiencing unsheltered homelessness in the nation (115,491 people), more than nine times the number of unsheltered people in the state with the next highest number, Washington (12,668). The PIT count also showed:

• Major city CoCs had the largest percentage of people experiencing homelessness in unsheltered locations, 43 percent, followed by largely rural CoCs, 41 percent.
• In all categories of CoCs, nearly all unaccompanied youth experiencing homelessness (88-93 percent) were between the ages of 18 and 24. Largely rural CoCs had the highest percentage of unaccompanied youth experiencing homelessness under the age of 18 (12 percent).
• Nationwide, between 2020 and 2022, 35 states experienced an increase in the number of individuals with chronic patterns of homelessness, including California with an increase of 18.3 percent (8.948 individuals).
• More than two thirds of all people experiencing homelessness in the United States (72%) did so in households without children present.

Due to the Covid-19 pandemic’s disruptions, the January 2021 PIT count efforts were refocused to survey people experiencing sheltered homelessness and a report focused on this was released in February 2022.^[1] HUD cautioned that the 2021 data may not fully represent the number of people experiencing sheltered homelessness due to the Covid-19 pandemic limitations. HUD began requiring counts of both sheltered and unsheltered homelessness again in 2022 and released its 2022 PIT count in December 2022. To address changes in the count during the Covid-19 pandemic, some of the data in the 2022 PIT count is averaged across the three year period.

Stakeholders typically feel the annual PIT count is limited, because while these numbers provide a snapshot of the state’s homeless population during a single night, they likely underestimate the scope of the crisis because: (1) the HUD PIT count only measures the homeless population on one day of the year, and (2) it does not capture everyone experiencing homelessness, as some do not wish to be counted, while others cannot be counted because their location is not known to the counters. These shortcomings were further highlighted by the Covid-19 pandemic related limitations on data collection efforts and resulting focus on sheltered homelessness in 2021. Additionally, as many of the Covid-19 restrictions on congregate care settings were relaxed in 2022, and later ended in 2023, we will likely see a continued increase in sheltered homelessness as capacity limitations are lifted at emergency shelters.^[2]

Disabilities and Chronic Homelessness

Under federal law, people experiencing chronic homelessness is partially defined to include, “people with disabilities who also experience extended or repeated episodes of homelessness”. A 2017 United States Interagency Council on Homelessness (USICH) study reviewed data from the 2017 PIT data count and found: (1) people with disabilities were disproportionately represented among all people experiencing homelessness, (2) estimates suggested that on any given day about 24 percent of individuals experiencing homelessness (86,962 of 369,081 individuals) were people with disabilities who met the federal definition of experiencing chronic homelessness, (3) estimates suggest that about 10-15 percent of all individuals who enter homelessness will experience chronic homelessness, and, that (4) most of these individuals were living in major cities (57 percent) or smaller cities or counties (33 percent) rather than in rural areas.^[3]

Additionally, the USICH determined that more than six percent of adults living in permanent supportive housing (PSH) in 2016 had a developmental disability. PSH is an evidence-based housing intervention that combines on-going rental assistance with supportive services such as health and mental health care for chronically homeless households. PSH, implemented through a Housing First approach, has been shown to help people with disabilities permanently stay out of homelessness, improve their health conditions, and significantly reduce their use of costly crisis services.

State Council on Developmental Disabilities

The State Council on Developmental Disabilities (SCDD) was established as an independent state agency to ensure that people with developmental disabilities and their families receive the services and supports they need. As authorized by state and federal law, SCDD is made up of a thirty-one (31) member council of individuals with disabilities, their families, federally funded partners and state agencies, appointed by the Governor. Federal law requires the SCDD to identify methods to improve and increase services for individuals and their families and to submit a State Plan for approval to the Administration on Intellectual and Developmental Disabilities (AIDD). SCDD is headquartered in Sacramento, but has regional offices throughout California that provide advocacy assistance, training, monitoring and public information, among other things, so that the rights of individuals with developmental disabilities’ and their families’ rights are respected and protected. The SCDD’s regional offices also participate in developing and implementing the goals and work of Council.

California Interagency Council on Homelessness (Cal ICH)

SB 1220 (Rivas, L., Chapter 398, Statutes of 2021) renamed the Homeless Coordinating and Financing Council (HCFC) to Cal ICH, named the secretaries of BCSH and CHHS as co-chairs of the council, and changed the membership composition from one of that included a mix of state and local agencies, persons who previously experienced homelessness, and homeless advocacy groups to one composed of state departments’ and offices’ directorate, including the Departments of Rehabilitation, Aging, Social Services, State Hospitals, and the state’s Medicaid Director. SB 1220 also added an advisory committee that meets twice a year with the Cal ICH, and is composed of the following members: a survivor of gender-based violence who formerly experienced homelessness; representatives of local agencies or organizations that participate in HUD’s Continuum of Care Program; stakeholders with expertise in solutions to homelessness and best practices from other states; representatives of committees on African Americans, youth, and survivors of gender-based violence; a current or formerly homeless person who lives in California; and a current or formerly homeless youth who lives in California. One advisory committee member will be chosen to participate in the quarterly council meetings to report their committee’s activities to the Cal ICH. Additionally, SB 1421 (Jones, Chapter 671, Statutes of 2022) required Cal ICH to appoint an individual with a developmental disability who is currently or has formerly experienced homelessness to the Council’s advisory committee.

Cal ICH is tasked to continue the work it began as HCFC, which was created by SB 1380 (Mitchell, Chapter 847, Statutes of 2016), such as coordinating the state’s response to homelessness, and creating partnerships among state agencies and departments, local government agencies, nonprofits, and federal agencies, among others. Cal ICH is also responsible for administering and distributing funding associated with the Homeless Housing Assistance and Prevention Program, through which millions of dollars allocated through the state budget process are provided to local governments and CoCs to address immediate homelessness challenges. Additionally, SB 918 (Wiener, Chapter 841, Statutes of 2018) required Cal ICH to set and measure progress toward goals to prevent and end homelessness among youth in California, as provided.

This bill would require the Cal ICH to add a representative from SCDD to the Council.

Related/Prior Legislation:

SB 820 (Jones, 2022) adds the director of the Department of Developmental Services to the Cal ICH. This bill as introduced is identical to SB 1134 (Melendez, 2022) as heard before this committee in 2022. This bill is currently in the Senate Rules Committee.

SB 1421 (Jones, Chapter 671, Statutes of 2022) added a currently or formerly homeless person with a developmental disability to Cal ICH’s advisory committee.

SB 1134 (Melendez, 2022) would have added the director of the Department of Developmental Services to the Cal ICH. This bill was later amended out of this Committee’s jurisdiction and subsequently held in the Assembly Appropriations Committee.

SB 1220 (Luz Rivas, Chapter 398, Statutes of 2021) renamed the HCFC the Cal ICH, named the Secretary of CHHS as a co-chair, reconstituted the Cal ICH membership, required the Cal ICH to meet at least twice yearly with an advisory committee, among other things, and as provided.

AB 1845 (Luz Rivas, 2020) would have created the Governor’s Office to End Homelessness under the Direction of the Secretary of Homelessness and would have moved the HCFC from the BCSH Agency into the Governor’s Office to End Homelessness. This bill was vetoed by the Governor.

SB 918 (Wiener, Chapter 841, Statutes of 2018) required Cal ICH to set and measure progress towards goals to prevent and end homelessness among youth in California, as provided.

SB 850 (Senate Committee on Budget and Fiscal Review, Chapter 48, Statues of 2018) provided funding for homelessness initiatives, permitted the Governor to appoint up to 17 members to HCFC, including the Secretary BCSH or designee, to serve as chair, a representative from the Department of Transportation and a formerly homeless youth to serve on the Council, as provided.

SB 1380 (Mitchell, Chapter 847, Statutes of 2016) created the HCFC to coordinate the state’s response to homelessness, as provided.

COMMENTS

Double Referral: This bill is double referred to Senate Housing Committee.

POSITIONS

Support:

None received

Oppose:

None received

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1. The 2021 Report can be found at https://www.huduser.gov/portal/home.html. ↑

2. .The 2022 Report can be found at https://www.huduser.gov/portal/datasets/ahar/2022-ahar-part-1-pit-estimates-of-homelessness-in-the-us.html ↑

3. HUD 2017 Annual Homeless Assessment Report to Congress Part 1: Point-In-Time Estimates of Homelessness ↑