SB 16: Mental health: involuntary commitment.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-09-18
Current Status:
Passed
(2026-09-18: Chaptered by Secretary of State. Chapter 314, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes a county behavioral health director to develop procedures for the countys designation and training of professionals who will be designated to perform the above-described provisions.
This bill would instead require a county behavioral health director to establish and implement procedures governing the countys designation and training of professionals who will be designated to perform the above-described provisions. By imposing additional duties on county behavioral health directors, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes a county behavioral health director to develop procedures for the countys designation and training of professionals who will be designated to perform the above-described provisions.
This bill would instead require a county behavioral health director to establish and implement procedures governing the countys designation and training of professionals who will be designated to perform the above-described provisions. By imposing additional duties on county behavioral health directors, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes a county behavioral health director to develop procedures for the countys designation and training of professionals who will be designated to perform the above-described provisions.
This bill would instead require a county behavioral health director to establish and implement procedures governing the countys designation and training of professionals who will be designated to perform the above-described provisions. By imposing additional duties on county behavioral health directors, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes a county behavioral health director to develop procedures for the countys designation and training of professionals who will be designated to perform the above-described provisions.
This bill would instead require a county behavioral health director to develop procedures for establish and implement procedures governing the countys designation and training of professionals who will be designated to perform the above-described provisions. By imposing additional duties on county behavioral health directors, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes a county behavioral health director to develop procedures for the countys designation and training of professionals who will be designated to perform the above-described provisions.
This bill would instead require a county behavioral health director to develop procedures for the countys designation and training of professionals who will be designated to perform the above-described provisions. By imposing additional duties on county behavioral health directors, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes a county behavioral health director to develop procedures for the countys designation and training of professionals who will be designated to perform the above-described provisions.
This bill would instead require a county behavioral health director to develop procedures for the countys designation and training of professionals who will be designated to perform the above-described provisions. By imposing additional duties on county behavioral health directors, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the housing element to consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing, as provided. Existing law requires each city, county, and city and county to revise its housing element according to a specified schedule, as provided.Existing law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, and requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. At least 2 years before a scheduled revision of the housing element, as specified, existing law requires each council of governments, or delegate subregion as applicable, to develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to jurisdictions, as specified. Existing law requires that the final allocation plan ensure that the total regional housing need, by income category, determined as specified, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households. For the 7th and subsequent revisions of the housing element, existing law also requires that the allocation to each region include an allocation of units for acutely low and extremely low income households.This bill, until January 1, 2032, would require the council of governments, or delegate subregion, as applicable, in developing the proposed allocation methodology that allocates each jurisdictions share of the regional housing need for acutely low income housing, to count any newly constructed interim housing, as specified, as meeting the needs of acutely low income households. By imposing additional duties on local governments, this bill would impose a state-mandated local program.(2)Existing law establishes the Homeless Housing, Assistance, and Prevention: (HHAP) program, administered by the Interagency Council on Homelessness, with respect to rounds 1 through 5, inclusive, of the program, and the Department of Housing and Community Development, with respect to round 6 of the program, for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law also requires the department to administer various other programs intended to promote the development or rehabilitation of housing, including the No Place Like Home Program, pursuant to which the department is required to award up to $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified.Upon appropriation by the Legislature, this bill would establish round 7 of the HHAP program. To be eligible for a round 7 or subsequent base program allocation, the bill would require an applicant to be eligible for a round 6 base allocation and submit to the department a housing now action plan that includes specified information, including, among other things, a description of key actions that will be taken within the applicants region to sustain the operation of interim living spaces, as defined, built pursuant to this plan. The bill would require the department to develop guidance and the housing now action plan application within 90 days. The bill would require the department to review and make a determination of conformity upon completion of the application for round 7 of the program and submission of the housing now action plan. The bill would make an applicant with a housing now action plan approved by the department additionally eligible for funding pursuant to specified housing and homelessness funding sources the department administers, including the No Place Like Home Program, to pay for capital and operating subsidies for interim living spaces. The bill would only authorize the department to allocate a round 7 or subsequent base program allocation to a participating jurisdiction that has enacted an encampment resolution ordinance, as specified, and would require each county and each city that submits a housing now action plan to sign a memorandum of understanding that commits the participating jurisdiction to participation, and compliance with, the housing now action plan, among other things. The bill would authorize smaller jurisdictions in the region to sign the memorandum of understanding and commit to participation in, and compliance with, its requirements, and would encourage counties to allocate resources from program funding to these smaller jurisdictions.The bill would require the department to determine each regions 5-year housing inventory expansion target, as provided, and to develop a schedule for each region for the 202627 fiscal year through the 203031 fiscal year, inclusive. The bill would require each region, at the end of each fiscal year, to expand its homeless habitation capacity until it achieves its 5-year housing inventory expansion target in accordance with the schedule established by the department.The bill would require the department to prepare and submit to the Legislature an annual report summarizing what is necessary to continue achieving functional zero unsheltered homelessness, as defined. The bill would repeal these provisions on January 1, 2032.The No Place Like Home Program was ratified and amended by the No Place Like Home Act of 2018, approved by the voters as Proposition 2 at the November 6, 2018, statewide general election. Existing law authorizes the Legislature to amend Proposition 2 by a 2/3 vote, so long as the amendment is consistent with and furthers the intent of that measure.The bill would state the finding of the Legislature that these provisions are consistent with, and further the intent of, the No Place Like Home Act.(3)The California Constitution provides that all property is taxable, and requires that it be assessed at the same percentage of fair market value, unless otherwise provided by the California Constitution or federal law. Existing property tax law, in accordance with the California Constitution, provides for a welfare exemption for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Existing property tax law provides a partial welfare exemption for rental housing and related facilities and owned and operated by certain types of nonprofit entities that meet all of the requirements of welfare exemption, or by certain veterans organizations, as provided.This bill, for property tax lien dates occurring on or after January 1, 2026, and before January 1, 2032, would deem property to be within the welfare exemption if (A) that property is owned and operated by a religious, hospital, scientific, or charitable fund, foundation, limited liability company, or corporation meeting specified requirements and (B) the property is used exclusively for interim housing, as defined. By expanding the duties of local tax officials, this bill would impose a state-mandated local program.Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.This bill would include additional information required for any bill authorizing a new tax expenditure.Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.(4)The bill would include findings that certain changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursementThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(1)Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Existing law requires the housing element to consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing, as provided. Existing law requires each city, county, and city and county to revise its housing element according to a specified schedule, as provided.
Existing law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, and requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. At least 2 years before a scheduled revision of the housing element, as specified, existing law requires each council of governments, or delegate subregion as applicable, to develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to jurisdictions, as specified. Existing law requires that the final allocation plan ensure that the total regional housing need, by income category, determined as specified, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households. For the 7th and subsequent revisions of the housing element, existing law also requires that the allocation to each region include an allocation of units for acutely low and extremely low income households.
This bill, until January 1, 2032, would require the council of governments, or delegate subregion, as applicable, in developing the proposed allocation methodology that allocates each jurisdictions share of the regional housing need for acutely low income housing, to count any newly constructed interim housing, as specified, as meeting the needs of acutely low income households. By imposing additional duties on local governments, this bill would impose a state-mandated local program.
(2)Existing law establishes the Homeless Housing, Assistance, and Prevention: (HHAP) program, administered by the Interagency Council on Homelessness, with respect to rounds 1 through 5, inclusive, of the program, and the Department of Housing and Community Development, with respect to round 6 of the program, for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law also requires the department to administer various other programs intended to promote the development or rehabilitation of housing, including the No Place Like Home Program, pursuant to which the department is required to award up to $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified.
Upon appropriation by the Legislature, this bill would establish round 7 of the HHAP program. To be eligible for a round 7 or subsequent base program allocation, the bill would require an applicant to be eligible for a round 6 base allocation and submit to the department a housing now action plan that includes specified information, including, among other things, a description of key actions that will be taken within the applicants region to sustain the operation of interim living spaces, as defined, built pursuant to this plan. The bill would require the department to develop guidance and the housing now action plan application within 90 days. The bill would require the department to review and make a determination of conformity upon completion of the application for round 7 of the program and submission of the housing now action plan. The bill would make an applicant with a housing now action plan approved by the department additionally eligible for funding pursuant to specified housing and homelessness funding sources the department administers, including the No Place Like Home Program, to pay for capital and operating subsidies for interim living spaces. The bill would only authorize the department to allocate a round 7 or subsequent base program allocation to a participating jurisdiction that has enacted an encampment resolution ordinance, as specified, and would require each county and each city that submits a housing now action plan to sign a memorandum of understanding that commits the participating jurisdiction to participation, and compliance with, the housing now action plan, among other things. The bill would authorize smaller jurisdictions in the region to sign the memorandum of understanding and commit to participation in, and compliance with, its requirements, and would encourage counties to allocate resources from program funding to these smaller jurisdictions.
The bill would require the department to determine each regions 5-year housing inventory expansion target, as provided, and to develop a schedule for each region for the 202627 fiscal year through the 203031 fiscal year, inclusive. The bill would require each region, at the end of each fiscal year, to expand its homeless habitation capacity until it achieves its 5-year housing inventory expansion target in accordance with the schedule established by the department.
The bill would require the department to prepare and submit to the Legislature an annual report summarizing what is necessary to continue achieving functional zero unsheltered homelessness, as defined. The bill would repeal these provisions on January 1, 2032.
The No Place Like Home Program was ratified and amended by the No Place Like Home Act of 2018, approved by the voters as Proposition 2 at the November 6, 2018, statewide general election. Existing law authorizes the Legislature to amend Proposition 2 by a 2/3 vote, so long as the amendment is consistent with and furthers the intent of that measure.
The bill would state the finding of the Legislature that these provisions are consistent with, and further the intent of, the No Place Like Home Act.
(3)The California Constitution provides that all property is taxable, and requires that it be assessed at the same percentage of fair market value, unless otherwise provided by the California Constitution or federal law. Existing property tax law, in accordance with the California Constitution, provides for a welfare exemption for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Existing property tax law provides a partial welfare exemption for rental housing and related facilities and owned and operated by certain types of nonprofit entities that meet all of the requirements of welfare exemption, or by certain veterans organizations, as provided.
This bill, for property tax lien dates occurring on or after January 1, 2026, and before January 1, 2032, would deem property to be within the welfare exemption if (A) that property is owned and operated by a religious, hospital, scientific, or charitable fund, foundation, limited liability company, or corporation meeting specified requirements and (B) the property is used exclusively for interim housing, as defined. By expanding the duties of local tax officials, this bill would impose a state-mandated local program.
Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.
This bill would include additional information required for any bill authorizing a new tax expenditure.
Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.
This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.
(4)The bill would include findings that certain changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. Existing law requires the housing element to consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. Existing law requires the housing element to include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to meeting these needs. Existing law establishes the Homeless Housing, Assistance, and Prevention program (HHAP) for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified.For a local government that does not receive funding pursuant to HHAP, this bill would require the assessment to include, among other things, the most up-to-date data on the number of individuals who are unhoused and a description of key actions that will be taken to reduce the number of individuals who are unhoused based on the data. By imposing additional duties on local governments, this bill would impose a state-mandated local program.(2)Existing law requires the Governor to create the Interagency Council on Homelessness to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California, to make policy and procedural recommendations to legislators and other governmental entities, and to serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing.Existing law states the intent of the Legislature to obtain trustworthy information to connect funding allocated to prevent and end homelessness with established sheltering and housing resources and to provide state agencies with accurate information to allow for more accurate forecasting to target future investments. For purposes of advancing those goals, existing law requires the council, upon appropriation, to conduct, or contract with an entity to conduct, a statewide homelessness assessment to identify certain programs and to collect and analyze data, as specified. Existing law requires the council to submit an interim report and a final report to certain legislative committees by July 1, 2022, and December 31, 2022, respectively.This bill would require the Department of Housing and Community Development to complete, or contract to complete, an assessment and financing plan to, in coordination with local jurisdictions, address unsheltered and chronic homelessness in the state over a 10-year period. The bill would require the department to report to the Legislature on the assessment and financing plan by December 31, 2027. The bill would require the assessment to include specified information, including, among others, the number of people experiencing unsheltered homelessness and the number of people expected to fall into unsheltered homelessness over the next 10 years based on recent data on rates of Californians becoming unsheltered. The bill would require the department or contractor to, in completing the assessment and financing plan, consult with specified individuals and entities, including, among others, individuals with lived experience of homelessness, representatives of cities and counties, and specified working groups. By requiring the department or contractor to consult with local entities, this bill would impose a state-mandated local program.(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. Existing law requires the housing element to consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. Existing law requires the housing element to include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to meeting these needs. Existing law establishes the Homeless Housing, Assistance, and Prevention program (HHAP) for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified.
For a local government that does not receive funding to address the population of individuals who are unhoused pursuant to certain state programs, pursuant to HHAP, this bill would require the assessment to include, among other things, specified data regarding the population of individuals who are unhoused the most up-to-date data on the number of individuals who are unhoused and a description of key actions that will be taken to reduce the number of individuals who are unhoused based on the data. By imposing additional duties on local governments, this bill would impose a state-mandated local program.
(2)Existing law establishes the Homeless Housing, Assistance, and Prevention program (HHAP) for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in 6 rounds, which are administered by the Department of Housing and Community Development.Upon appropriation by the Legislature, this bill would establish Round 7 of the HHAP program. To be eligible for a Round 7 base program allocation, the bill would require specified jurisdictions to apply as part of a region and be signatory to a Round 7 regionally coordinated homeless action plan that has been approved by the department. The bill would require the plan to include an inventory of existing and planned city-operated shelters, the expected cost for those shelters, and a commitment by counties to contribute 50% of the expected costs, as specified.On or before the end of the 202526 fiscal year, the bill would require a grantee to submit to the department an update on its regionally coordinated homeless action plan activities for department review, as specified. The bill would authorize a board of supervisors of a county to adopt a resolution determining that contributing 50% of expected costs is financially infeasible, as specified. If a county adopts the resolution, the bill would require the department to determine the contribution percentage of the county, as specified. On or before the end of the 202526 fiscal year, the bill would require cities to submit to the department the actual operating cost of city-operated shelters and require counties to reimburse cities for any excess contributions. The bill would authorize the department to withhold 50% of funds from a grantee until the department has approved the update.(3)Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. Existing law authorizes the MHSA to be amended by a 2/3 vote of the Legislature if the amendments are consistent with and further the intent of the MHSA. Existing law authorizes the Legislature to add provisions to clarify procedures and terms of the MHSA by majority vote. Existing law, the Behavioral Health Services Act (BHSA), a legislative act amending the MHSA that was approved by the voters as Proposition 1 at the March 5, 2024, statewide primary election, recast the MHSA. The BHSA requires each county to prepare and submit an integrated plan, including sections for specified programs and services, such as services provided through federal grants or other county mental health and substance use disorder programs, and annual updates to the Behavioral Health Services Oversight and Accountability Commission and the State Department of Health Care Services.This bill would additionally require the integrated plan to include a section regarding programs and services relating to Round 7 of the HHAP program, as prescribed.(2)Existing law requires the Governor to create the Interagency Council on Homelessness to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California, to make policy and procedural recommendations to legislators and other governmental entities, and to serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing.
Existing law states the intent of the Legislature to obtain trustworthy information to connect funding allocated to prevent and end homelessness with established sheltering and housing resources and to provide state agencies with accurate information to allow for more accurate forecasting to target future investments. For purposes of advancing those goals, existing law requires the council, upon appropriation, to conduct, or contract with an entity to conduct, a statewide homelessness assessment to identify certain programs and to collect and analyze data, as specified. Existing law requires the council to submit an interim report and a final report to certain legislative committees by July 1, 2022, and December 31, 2022, respectively.
This bill would require the Department of Housing and Community Development to complete, or contract to complete, an assessment and financing plan to, in coordination with local jurisdictions, address unsheltered and chronic homelessness in the state over a 10-year period. The bill would require the department to report to the Legislature on the assessment and financing plan by December 31, 2027. The bill would require the assessment to include specified information, including, among others, the number of people experiencing unsheltered homelessness and the number of people expected to fall into unsheltered homelessness over the next 10 years based on recent data on rates of Californians becoming unsheltered. The bill would require the department or contractor to, in completing the assessment and financing plan, consult with specified individuals and entities, including, among others, individuals with lived experience of homelessness, representatives of cities and counties, and specified working groups. By requiring the department or contractor to consult with local entities, this bill would impose a state-mandated local program.
(4)(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(5)(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. Existing law requires the housing element to include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to meeting these needs.
For a local government that does not receive funding to address the population of individuals who are unhoused pursuant to certain state programs, this bill would require the assessment to include, among other things, specified data regarding the population of individuals who are unhoused and a description of key actions that will be taken to reduce individuals who are unhoused based on the data. By imposing additional duties on local governments, this bill would impose a state-mandated local program.
(2)Existing law establishes the Homeless Housing, Assistance, and Prevention program (HHAP) for the purpose of providing jurisdictions with grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. Existing law provides for the allocation of funding under the program among continuums of care, cities, counties, and tribes in 6 rounds, which are administered by the Department of Housing and Community Development.
Upon appropriation by the Legislature, this bill would establish Round 7 of the HHAP program. To be eligible for a Round 7 base program allocation, the bill would require specified jurisdictions to apply as part of a region and be signatory to a Round 7 regionally coordinated homeless action plan that has been approved by the department. The bill would require the plan to include an inventory of existing and planned city-operated shelters, the expected cost for those shelters, and a commitment by counties to contribute 50% of the expected costs, as specified.
On or before the end of the 202526 fiscal year, the bill would require a grantee to submit to the department an update on its regionally coordinated homeless action plan activities for department review, as specified. The bill would authorize a board of supervisors of a county to adopt a resolution determining that contributing 50% of expected costs is financially infeasible, as specified. If a county adopts the resolution, the bill would require the department to determine the contribution percentage of the county, as specified. On or before the end of the 202526 fiscal year, the bill would require cities to submit to the department the actual operating cost of city-operated shelters and require counties to reimburse cities for any excess contributions. The bill would authorize the department to withhold 50% of funds from a grantee until the department has approved the update.
(3)Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. Existing law authorizes the MHSA to be amended by a 2/3 vote of the Legislature if the amendments are consistent with and further the intent of the MHSA. Existing law authorizes the Legislature to add provisions to clarify procedures and terms of the MHSA by majority vote. Existing law, the Behavioral Health Services Act (BHSA), a legislative act amending the MHSA that was approved by the voters as Proposition 1 at the March 5, 2024, statewide primary election, recast the MHSA. The BHSA requires each county to prepare and submit an integrated plan, including sections for specified programs and services, such as services provided through federal grants or other county mental health and substance use disorder programs, and annual updates to the Behavioral Health Services Oversight and Accountability Commission and the State Department of Health Care Services.
This bill would additionally require the integrated plan to include a section regarding programs and services relating to Round 7 of the HHAP program, as prescribed.
(4)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified.This bill would declare the intent of the Legislature to enact legislation to address homelessness.Existing law establishes the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified.
This bill would declare the intent of the Legislature to enact legislation to address homelessness.
(a)The county behavioral health director shall establish and implement procedures governing the countys designation and training of professionals who will be designated to perform functions under Section 5150. These procedures shall include, but are not limited to, the following:
(1)The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(2)The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(3)The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(4)The countys process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures. A passive monitoring and review process that responds to and investigates, to the extent deemed appropriate by the county, complaints and grievances satisfies this provision.
(b)A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c)If a county behavioral health director denies or revokes an individuals designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d)Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e)If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1)The City of Sacramento submits a written request to the county behavioral health director.
(2)The individuals meet the requirements for designation included in the policy.
(3)If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
(f)(1)A county behavioral health director shall include an emergency physician as one of the practice disciplines eligible to be designated by the county when developing and implementing procedures pursuant to paragraph (1) of subdivision (a).
(2)This subdivision does not affect the training, application, approval, and revocation process that applies to all professionals who are eligible to be designated by the county, including an emergency physician, in order to be designated by the county to perform functions under Section 5150.
(3)For purposes of this section, emergency physician means a physician and surgeon who provides medical screening and treatment of patients in the emergency department of a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(g)Nothing in this section shall be construed to limit the authority of a county to establish criteria and procedures governing designation, including those described in paragraphs (1) to (4), inclusive, of subdivision (a), provided those criteria and procedures are consistent with this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The county behavioral health director shall establish and implement procedures governing the countys designation and training of professionals who will be designated to perform functions under Section 5150. These procedures shall include, but are not limited to, the following:
(1)The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(2)The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(3)The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(4)The countys process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures. A passive monitoring and review process that responds to and investigates, to the extent deemed appropriate by the county, complaints and grievances satisfies this provision.
(b)A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c)If a county behavioral health director denies or revokes an individuals designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d)Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e)If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1)The City of Sacramento submits a written request to the county behavioral health director.
(2)The individuals meet the requirements for designation included in the policy.
(3)If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
(f)(1)A county behavioral health director shall include an emergency physician as one of the practice disciplines eligible to be designated by the county when developing and implementing procedures pursuant to paragraph (1) of subdivision (a).
(2)This subdivision does not affect the training, application, approval, and revocation process that applies to all professionals who are eligible to be designated by the county, including an emergency physician, in order to be designated by the county to perform functions under Section 5150.
(3)For purposes of this section, emergency physician means a physician and surgeon who provides medical screening and treatment of patients in the emergency department of a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(g)Nothing in this section shall be construed to limit the authority of a county to establish criteria and procedures governing designation, including those described in paragraphs (1) to (4), inclusive, of subdivision (a), provided those criteria and procedures are consistent with this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The county behavioral health director shall establish and implement procedures governing the countys designation and training of professionals who will be designated to perform functions under Section 5150. These procedures shall include, but are not limited to, the following:
(1)The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(2)The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(3)The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(4)The countys process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures. A passive monitoring and review process that responds to and investigates, to the extent deemed appropriate by the county, complaints and grievances satisfies this provision.
(b)A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c)If a county behavioral health director denies or revokes an individuals designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d)Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e)If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1)The City of Sacramento submits a written request to the county behavioral health director.
(2)The individuals meet the requirements for designation included in the policy.
(3)If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
(f)(1)A county behavioral health director shall include an emergency physician as one of the practice disciplines eligible to be designated by the county when developing and implementing procedures pursuant to paragraph (1) of subdivision (a).
(2)This subdivision does not affect the training, application, approval, and revocation process that applies to all professionals who are eligible to be designated by the county, including an emergency physician, in order to be designated by the county to perform functions under Section 5150.
(3)For purposes of this section, emergency physician means a physician and surgeon who provides medical screening and treatment of patients in the emergency department of a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(g)Nothing in this section shall be construed to limit the authority of a county to establish criteria and procedures governing designation, including those described in paragraphs (1) to (4), inclusive, of subdivision (a), provided those criteria and procedures are consistent with this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The county behavioral health director shall develop procedures for establish and implement procedures governing the countys designation and training of professionals who will be designated to perform functions under Section 5150. These procedures shall include, but are not limited to, the following:
(1)The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(2)The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(3)The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(4)The countys process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
(b)A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c)If a county behavioral health director denies or revokes an individuals designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d)Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e)If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1)The City of Sacramento submits a written request to the county behavioral health director.
(2)The individuals meet the requirements for designation included in the policy.
(3)If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
(f)(1)A county behavioral health director shall include an emergency physician as one of the practice disciplines eligible to be designated by the county when developing and implementing procedures pursuant to paragraph (1) of subdivision (a).
(2)This subdivision does not affect the training, application, approval, and revocation process that applies to all professionals who are eligible to be designated by the county, including an emergency physician, in order to be designated by the county to perform functions under Section 5150.
(3)For purposes of this section, emergency physician means a physician and surgeon who provides medical screening and treatment of patients in the emergency department of a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(g)This section does not require a county behavioral health director to designate each individual that meets the requirements specified in subdivision (a).(g)Nothing in this section shall be construed to limit the authority of a county to establish criteria and procedures governing designation, including those described in paragraphs (1) to (4), inclusive, of subdivision (a), provided those criteria and procedures are consistent with this section.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The county behavioral health director shall develop procedures for the countys designation and training of professionals who will be designated to perform functions under Section 5150. These procedures shall include, but are not limited to, the following:
(1)The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(2)The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(3)The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(4)The countys process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
(b)A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c)If a county behavioral health director denies or revokes an individuals designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d)Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e)If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1)The City of Sacramento submits a written request to the county behavioral health director.
(2)The individuals meet the requirements for designation included in the policy.
(3)If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
(f)(1)A county behavioral health director shall include an emergency physician as one of the practice disciplines eligible to be designated by the county when developing and implementing procedures pursuant to paragraph (1) of subdivision (a).
(2)This subdivision does not affect the training, application, approval, and revocation process that applies to all professionals who are eligible to be designated by the county, including an emergency physician, in order to be designated by the county to perform functions under Section 5150.
(3)For purposes of this section, emergency physician means a physician and surgeon who provides medical screening and treatment of patients in the emergency department of a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(g)This section does not require a county behavioral health director to designate each individual that meets the requirements specified in subdivision (a).
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
REVISIONS: HeadingLine 2.(a)The county behavioral health director may shall develop procedures for the countys designation and training of professionals who will be designated to perform functions under Section 5150. These procedures may shall include, but are not limited to, the following:
(1)The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(2)The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(3)The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(4)The countys process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
(b)A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c)If a county behavioral health director denies or revokes an individuals designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d)Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e)If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1)The City of Sacramento submits a written request to the county behavioral health director.
(2)The individuals meet the requirements for designation included in the policy.
(3)If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
(f)(1)A county behavioral health director shall include an emergency physician as one of the practice disciplines eligible to be designated by the county when developing and implementing procedures pursuant to paragraph (1) of subdivision (a).
(2)This subdivision does not affect the training, application, approval, and revocation process that applies to all professionals who are eligible to be designated by the county, including an emergency physician, in order to be designated by the county to perform functions under Section 5150.
(3)For purposes of this section, emergency physician means a physician and surgeon who provides medical screening and treatment of patients in the emergency department of a general acute care hospital licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.This act shall be known, and may be cited, as the Ending Street Homelessness Act.SEC. 2.Section 65584.04 of the Government Code is amended to read:65584.04.(a)At least two years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed in subdivision (d) of Section 65584.(b)(1)No more than six months before the development of a proposed methodology for distributing the existing and projected housing need, each council of governments shall survey each of its member jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodology based upon the factors established in subdivision (e).(2)With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compile information that will allow the development of a methodology based upon the issues, strategies, and actions that are included, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completed by any city or county or the department that covers communities within the area served by the council of governments, and in housing elements adopted pursuant to this article by cities and counties within the area served by the council of governments.(3)The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and utilize readily available data to the extent possible.(4)The information provided by a local government pursuant to this section shall be used, to the extent possible, by the council of governments, or delegate subregion as applicable, as source information for the methodology developed pursuant to this section. The survey shall state that none of the information received may be used as a basis for reducing the total housing need established for the region pursuant to Section 65584.01.(5)If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and county may submit information related to the items listed in subdivision (e) before the public comment period provided for in subdivision (d).(c)The council of governments shall electronically report the results of the survey of fair housing issues, strategies, and actions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effective strategies employed by cities and counties within the area served by the council of governments, including common themes and effective strategies around avoiding the displacement of lower income households. The council of governments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and may recommend strategies or actions to overcome those barriers. A council of governments or metropolitan planning organization, as appropriate, may use this information for any other purpose, including publication within a regional transportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in the development of a regional transportation plan.(d)Public participation and access shall be required in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segments of the community as well as members of protected classes under Section 12955 and households with special housing needs under paragraph (7) of subdivision (a) of Section 65583. The proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listed in subdivision (e) is incorporated into the methodology, and how the proposed methodology furthers the objectives listed in subdivision (d) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of the public who have made a written or electronic request for the proposed methodology and published on the council of governments, or delegate subregions, internet website. The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology.(e)To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources, each council of governments, or delegate subregion as applicable, shall consider including the following factors in developing the methodology that allocates regional housing needs:(1)Each member jurisdictions existing and projected jobs and housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period.(2)The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:(A)Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period.(B)The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.(C)Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses.(D)County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated area and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to nonagricultural uses.(E)Emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change.(3)The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.(4)Agreements between a county and cities in a county to direct growth toward incorporated areas of the county and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses.(5)The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions.(6)The percentage of existing households at each of the income levels listed in subdivision (f) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.(7)The rate of overcrowding.(8)The housing needs of farmworkers.(9)The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction.(10)The housing needs of individuals and families experiencing homelessness. If a council of governments has surveyed each of its member jurisdictions pursuant to subdivision (b) on or before January 1, 2020, this paragraph shall apply only to the development of methodologies for the seventh and subsequent revisions of the housing element.(11)The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.(12)The regions greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.(13)Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions.(f)The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factors described in subdivision (e) was incorporated into the methodology and how the methodology furthers the objectives listed in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information, and any other supporting materials used in determining the methodology, shall be posted on the council of governments, or delegate subregions, internet website.(g)The following criteria shall not be a justification for a determination or a reduction in a jurisdictions share of the regional housing need:(1)Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county.(2)Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determined by each jurisdictions annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.(3)Stable population numbers in a city or county from the previous regional housing needs cycle.(h)(1)(A)In developing the proposed allocation methodology that allocates each jurisdictions share of the regional housing need for acutely low income housing, the council of governments, or delegate subregion, as applicable, shall count any newly constructed interim housing that provides noncongregate accommodations and is contracted to operate at least through the existing regional housing needs allocation cycle as meeting the needs of acutely low income households.(B)For purposes of this subdivision, interim housing means a room or group of rooms occupied or intended for occupancy by homeless individuals that provide separate sleeping quarters and are a habitual place of residence on a nonpermanent basis. Sanitary and dining facilities must be provided, but may be private or shared accommodations.(2)This subdivision shall remain operative only until January 1, 2032.(i)Following the conclusion of the public comment period described in subdivision (d) on the proposed allocation methodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion, as applicable, as a result of comments received during the public comment period, and as a result of consultation with the department, each council of governments, or delegate subregion, as applicable, shall publish a draft allocation methodology on its internet website and submit the draft allocation methodology, along with the information required pursuant to subdivision (e), to the department.(j)Within 60 days, the department shall review the draft allocation methodology and report its written findings to the council of governments, or delegate subregion, as applicable. In its written findings the department shall determine whether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determines that the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegate subregion, as applicable, shall take one of the following actions:(1)Revise the methodology to further the objectives listed in subdivision (d) of Section 65584 and adopt a final regional, or subregional, housing need allocation methodology.(2)Adopt the regional, or subregional, housing need allocation methodology without revisions and include within its resolution of adoption findings, supported by substantial evidence, as to why the council of governments, or delegate subregion, believes that the methodology furthers the objectives listed in subdivision (d) of Section 65584 despite the findings of the department.(k)If the departments findings are not available within the time limits set by subdivision (j), the council of governments, or delegate subregion, may act without them.(l)Upon either action pursuant to subdivision (j), the council of governments, or delegate subregion, shall provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to the department, and shall publish the adopted allocation methodology, along with its resolution and any adopted written findings, on its internet website.(m)The department may, within 45 days, review the adopted methodology and report its findings to the council of governments, or delegate subregion.(n)(1)It is the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, the allocation plan shall allocate housing units within the region consistent with the development pattern included in the sustainable communities strategy.(2)(A)The final allocation plan shall ensure that the total regional housing need, by income category, as determined under Section 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households.(B)For the seventh and subsequent revisions of the housing element, the allocation to each region required under subparagraph (A) shall also include an allocation of units for acutely low and extremely low income households.(3)The resolution approving the final housing need allocation plan shall demonstrate that the plan is consistent with the sustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) of Section 65584.(o)This section shall become operative on January 1, 2025.SEC. 3.Article 3 (commencing with Section 50245) is added to Chapter 6.5 of Part 1 of Division 31 of the Health and Safety Code, to read:3.Additional Rounds of the Homeless Housing, Assistance, and Prevention Program50245.For the purposes of this article, the following definitions apply:(a)Applicant means a continuum of care, city, county, tribe, or a region.(b)Functional zero unsheltered homelessness means sufficient housing options of all types to accommodate at least 60 percent of a jurisdictions unsheltered homeless population living on the street based on its most recent homeless point-in-time count.(c)Homeless habitation capacity includes the following types of shelter or housing:(1)Interim living spaces.(2)Permanent housing.(3)Safe sleeping sites.(4)Safe parking.(d)Housing now action plan means the plan described in Section 50246.(e)Interim living spaces means decent, safe, and managed sites providing individual rooms or spaces for occupants.50245.5.(a)Upon appropriation by the Legislature, round 7 of the Homeless Housing, Assistance, and Prevention program is hereby established.(b)The department shall administer all aspects of the program in accordance with this article.50246.(a)To be eligible for a round 7 or subsequent base program allocation, an applicant shall be eligible for a round 6 base program allocation and submit to the department a housing now action plan that meets the requirements of this section.(b)The housing now action plan shall include all of the following information for all rounds of program allocation:(1)A description of key actions that will be taken within the applicants region to comply with the housing inventory expansion requirements described in Section 50247.5.(2)A description of key actions that will be taken within the applicants region to sustain the operation of interim living spaces built pursuant to this plan.(3)A description of all of the following:(A)Siting strategies and proposed locations for interim living spaces.(B)Services and types of programs and target population specific needs, including equity.(C)Financing strategies for achieving functional zero unsheltered homelessness.(4)For the 203031 fiscal year and each subsequent fiscal year, a description of how the applicant will continue to operate housing sufficient to maintain functional zero unsheltered homelessness.(c)An applicant may submit an update to its regionally coordinated homeless action plan in lieu of submitting a housing now action plan application if that update includes all of the information described in subdivision (b).(d)The department shall develop guidance and the housing now action plan application requesting the information described in subdivision (b) within 90 days.(e)Upon completion of the application for round 7 of the program and submission of the housing now action plan described in this section, the department shall review the application and the housing now action plan and make a determination of conformity.(f)(1)An applicant with a housing now action plan approved by the department shall also be eligible for funding pursuant to housing and homelessness funding sources the department administers to pay for capital and operating subsidies for interim living spaces.(2)The department may distribute funding to recipients from the following housing and homelessness funding sources:(A)The Behavioral Health Bridge Housing program, as established pursuant to Provision 17 of Item 4260-101-0001 of Section 2.00 of the Budget Act of 2022.(B)The Encampment Resolution Funding Program (Chapter 7 (commencing with Section 50250)).(C)The Family Homelessness Challenge Grants and Technical Assistance program (Chapter 8 (commencing with Section 50255)).(D)The Permanent Local Housing Allocation Program, as established pursuant to Chapter 2.5 (commencing with Section 50470) of Part 2.(E)The Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).(F)The Homekey Plus program, as described in Section 50675.1.1.(G)The Local Housing Trust Fund Matching Grant Program (Chapter 13 (commencing with Section 50842.1) of Part 2).(H)No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).(I)Providing Access and Transforming Health (PATH) program, as described in Section 14184.700 of the Welfare and Institutions Code.50246.5.The department may only allocate a round 7 or subsequent base allocation to a participating city or county that has enacted an encampment resolution ordinance that, at a minimum, is in substantially the same form as the Model Ordinance: Addressing Encampments with Urgency and Dignity, released by the Governor on May 12, 2025.50247.(a)Each county and each city that submits a housing now action plan pursuant to Section 50246 shall sign a memorandum of understanding that meets the requirements of this section.(b)The memorandum of understanding shall commit the participating jurisdiction, at a minimum, to the applicable of the following:(1)Participation in, and compliance with, the housing now action plan.(2)An applicant that is a city shall be responsible for both of the following:(A)(i)Siting, developing, and operating housing for unsheltered populations within its jurisdiction.(ii)The base operations for operating housing for unsheltered populations within its jurisdiction shall include all of the following:(I)Maintenance.(II)Security.(III)Utilities.(IV)Meals.(B)Resolution of encampments within its jurisdiction.(3)An applicant that is a county shall be responsible for both of the following:(A)(i)Siting, developing, and operating housing for unsheltered populations within the unincorporated areas of the county.(ii)The base operations for operating housing for unsheltered populations within its jurisdiction shall include all of the following:(I)Health and social safety net programs.(II)Assistance with enrollment in public benefit programs.(III)Specialty mental health and substance use disorder services.(IV)Case management.(B)Resolution of encampments within its jurisdiction.(c)Smaller jurisdictions in the region may also sign the memorandum of understanding and commit to participation in, and compliance with, the requirements of subdivision (b). Counties are encouraged to allocate resources from program funding to smaller jurisdictions that participate in and commit to complying with the requirements of subdivision (b).50247.5.(a)The department shall determine each regions five-year housing inventory expansion target in accordance with this section.(b)The five-year housing inventory expansion target value shall be equivalent to 60 percent of the regions most recent point-in-time count.(c)At the end of each fiscal year, each region shall expand its homeless habitation capacity until it achieves its five-year housing inventory expansion target in accordance with the schedule established by the department pursuant to subdivision (d).(d)(1)The department shall develop a schedule for each region for the 202627 fiscal year through the 203031 fiscal year, inclusive.(2)The schedule shall include all of the following:(A)By the end of the 202627 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 5 percent of its five-year housing inventory expansion target.(B)By the end of the 202728 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 10 percent of its five-year housing inventory expansion target.(C)By the end of the 202829 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 25 percent of its five-year housing inventory expansion target.(D)By the end of the 202930 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 50 percent of its five-year housing inventory expansion target.(E)By the end of the 203031 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 100 percent of its five-year housing inventory expansion target.50248.(a)The department shall prepare and submit to the Legislature an annual report with recommendations for policies that are necessary to continue achieving functional zero unsheltered homelessness.(b)(1)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.50249.This article shall remain in effect as of January 1, 2032, and as of that date is repealed.SEC. 4.Section 214 of the Revenue and Taxation Code is amended to read:214.(a)Property used exclusively for religious, hospital, scientific, or charitable purposes owned and operated by community chests, funds, foundations, limited liability companies, or corporations organized and operated for religious, hospital, scientific, or charitable purposes is exempt from taxation, including ad valorem taxes to pay the interest and redemption charges on any indebtedness approved by the voters prior to July 1, 1978, or any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by the voters voting on the proposition, if:(1)The owner is not organized or operated for profit. However, in the case of hospitals, the organization shall not be deemed to be organized or operated for profit if, during the immediately preceding fiscal year, operating revenues, exclusive of gifts, endowments, and grants-in-aid, did not exceed operating expenses by an amount equivalent to 10 percent of those operating expenses. As used herein, operating expenses include depreciation based on cost of replacement and amortization of, and interest on, indebtedness.(2)No part of the net earnings of the owner inures to the benefit of any private shareholder or individual.(3)The property is used for the actual operation of the exempt activity, and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose.(A)For the purposes of determining whether the property is used for the actual operation of the exempt activity, consideration shall not be given to use of the property for either or both of the following described activities if that use is occasional:(i)The owner conducts fundraising activities on the property and the proceeds derived from those activities are not unrelated business taxable income, as defined in Section 512 of the Internal Revenue Code, of the owner and are used to further the exempt activity of the owner.(ii)The owner permits any other organization that meets all of the requirements of this subdivision, other than ownership of the property, to conduct fundraising activities on the property and the proceeds derived from those activities are not unrelated business taxable income, as defined in Section 512 of the Internal Revenue Code, of the organization, are not subject to the tax on unrelated business taxable income that is imposed by Section 511 of the Internal Revenue Code, and are used to further the exempt activity of the organization.(B)For purposes of subparagraph (A):(i)Occasional use means use of the property on an irregular or intermittent basis by the qualifying owner or any other qualifying organization described in clause (ii) of subparagraph (A) that is incidental to the primary activities of the owner or the other organization.(ii)Fundraising activities means both activities involving the direct solicitation of money or other property and the anticipated exchange of goods or services for money between the soliciting organization and the organization or person solicited.(C)Subparagraph (A) shall have no application in determining whether paragraph (3) has been satisfied unless the owner of the property and any other organization using the property as provided in subparagraph (A) have filed with the assessor a valid organizational clearance certificate issued pursuant to Section 254.6.(D)For the purposes of determining whether the property is used for the actual operation of the exempt activity, consideration shall not be given to the use of the property for meetings conducted by any other organization if the meetings are incidental to the other organizations primary activities, are not fundraising meetings or activities as defined in subparagraph (B), are held no more than once per week, and the other organization and its use of the property meet all other requirements of paragraphs (1) to (5), inclusive, of this subdivision. The owner or the other organization also shall file with the assessor a copy of a valid, unrevoked letter or ruling from the Internal Revenue Service or the Franchise Tax Board stating that the other organization, or the national organization of which it is a local chapter or affiliate, qualifies as an exempt organization under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code or Section 23701d, 23701f, or 23701w.(E)Subparagraph (A), (B), (C), or (D) shall not be construed to either enlarge or restrict the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.(4)The property is not used or operated by the owner or by any other person so as to benefit any officer, trustee, director, shareholder, member, employee, contributor, or bondholder of the owner or operator, or any other person, through the distribution of profits, payment of excessive charges or compensations, or the more advantageous pursuit of their business or profession.(5)The property is not used by the owner or members thereof for fraternal or lodge purposes, or for social club purposes except where that use is clearly incidental to a primary religious, hospital, scientific, or charitable purpose.(6)The property is irrevocably dedicated to religious, charitable, scientific, or hospital purposes and, upon the liquidation, dissolution, or abandonment of the owner, will not inure to the benefit of any private person except a fund, foundation, or corporation organized and operated for religious, hospital, scientific, or charitable purposes.(7)The property, if used exclusively for scientific purposes, is used by a foundation or institution that, in addition to complying with the foregoing requirements for the exemption of charitable organizations in general, has been chartered by the Congress of the United States (except that this requirement shall not apply when the scientific purposes are medical research), and whose objects are the encouragement or conduct of scientific investigation, research, and discovery for the benefit of the community at large.The exemption provided for herein shall be known as the welfare exemption. This exemption is in addition to any other exemption now provided by law, and the existence of the exemption provision in paragraph (2) of subdivision (a) of Section 202 does not preclude the exemption under this section for museum or library property. Except as provided in subdivision (e), this section shall not be construed to enlarge the college exemption.(b)Property used exclusively for school purposes of less than collegiate grade and owned and operated by religious, hospital, or charitable funds, foundations, limited liability companies, or corporations, which property and funds, foundations, limited liability companies, or corporations meet all of the requirements of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.(c)Property used exclusively for nursery school purposes and owned and operated by religious, hospital, or charitable funds, foundations, limited liability companies, or corporations, which property and funds, foundations, limited liability companies, or corporations meet all the requirements of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.(d)Property used exclusively for a noncommercial educational FM broadcast station or an educational television station, and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations meeting all of the requirements of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.(e)Property used exclusively for religious, charitable, scientific, or hospital purposes and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations or educational institutions of collegiate grade, as defined in Section 203, which property and funds, foundations, limited liability companies, corporations, or educational institutions meet all of the requirements of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section. As to educational institutions of collegiate grade, as defined in Section 203, the requirements of paragraph (6) of subdivision (a) shall be deemed to be met if both of the following are met:(1)The property of the educational institution is irrevocably dedicated in its articles of incorporation to charitable and educational purposes, to religious and educational purposes, or to educational purposes.(2)The articles of incorporation of the educational institution provide for distribution of its property upon its liquidation, dissolution, or abandonment to a fund, foundation, or corporation organized and operated for religious, hospital, scientific, charitable, or educational purposes meeting the requirements for exemption provided by Section 203 or this section.(f)Property used exclusively for housing and related facilities for elderly or handicapped families and financed by, including, but not limited to, the federal government pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), as amended, Section 231 of Public Law 73-479 (12 U.S.C. Sec. 1715v), Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations meeting all of the requirements of this section shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.The amendment of this paragraph made by Chapter 1102 of the Statutes of 1984 does not constitute a change in, but is declaratory of, existing law. However, no refund of property taxes shall be required as a result of this amendment for any fiscal year prior to the fiscal year in which the amendment takes effect.Property used exclusively for housing and related facilities for elderly or handicapped families at which supplemental care or services designed to meet the special needs of elderly or handicapped residents are not provided, or that is not financed by the federal government pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), as amended, Section 231 of Public Law 73-479 (12 U.S.C. Sec. 1715v), Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), shall not be entitled to exemption pursuant to this subdivision unless the property is used for housing and related facilities for low- and moderate-income elderly or handicapped families. Property that would otherwise be exempt pursuant to this subdivision, except that it includes some housing and related facilities for other than low- or moderate-income elderly or handicapped families, shall be entitled to a partial exemption. The partial exemption shall be equal to that percentage of the value of the property that is equal to the percentage that the number of low- and moderate-income elderly and handicapped families represents of the total number of families occupying the property.As used in this subdivision, low and moderate income has the same meaning as the term persons and families of low or moderate income as defined by Section 50093 of the Health and Safety Code.(g)(1)Property used exclusively for rental housing and related facilities and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations, including limited partnerships in which the managing general partner is an eligible nonprofit corporation or eligible limited liability company, meeting all of the requirements of this section, or by veterans organizations, as described in Section 215.1, meeting all the requirements of paragraphs (1) to (7), inclusive, of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section and shall be entitled to a partial exemption equal to that percentage of the value of the property that is equal to the percentage that the number of units serving lower income households represents of the total number of residential units in any year in which any of the following criteria applies:(A)The acquisition, rehabilitation, development, or operation of the property, or any combination of these factors, is financed with tax-exempt mortgage revenue bonds, qualified 501(c)(3) bonds, as that term is defined in Section 145 of Title 26 of the United States Code, or general obligation bonds, or is financed by local, state, or federal loans or grants and the rents of the occupants who are lower income households do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance.(B)The owner of the property is eligible for and receives low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as added by Public Law 99-514.(C)In the case of a claim, other than a claim with respect to property owned by a limited partnership in which the managing general partner is an eligible nonprofit corporation, that is filed for the 200001 fiscal year or any fiscal year thereafter, 90 percent or more of the occupants of the property are lower income households whose rent does not exceed the rent prescribed by Section 50053 of the Health and Safety Code. The total exemption amount allowed under this subdivision to a taxpayer, with respect to a single property or multiple properties for any fiscal year on the sole basis of the application of this subparagraph, may not exceed twenty million dollars ($20,000,000) in assessed value.(D)(i)The property was previously purchased and owned by the Department of Transportation pursuant to a consent decree requiring housing mitigation measures relating to the construction of a freeway and is now solely owned by an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.(ii)This subparagraph does not apply to property owned by a limited partnership in which the managing partner is an eligible nonprofit corporation.(2)In order to be eligible for the exemption provided by this subdivision, the owner of the property shall do both of the following:(A)(i)For any claim filed for the 200001 fiscal year or any fiscal year thereafter, certify and ensure, subject to the limitation in clause (ii), that there is an enforceable and verifiable agreement with a public agency, a recorded deed restriction, or other legal document that restricts the projects usage and that provides that the units designated for use by lower income households are continuously available to or occupied by lower income households, subject to the exception in clause (iii), at rents that do not exceed those prescribed by Section 50053 of the Health and Safety Code, or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with Section 50053 of the Health and Safety Code, rents that do not exceed those prescribed by the terms of the financing or financial assistance.(ii)In the case of a limited partnership in which the managing general partner is an eligible nonprofit corporation, the restriction and provision specified in clause (i) shall be contained in an enforceable and verifiable agreement with a public agency, or in a recorded deed restriction to which the limited partnership certifies.(iii)(I)(ia)In the case of an owner of property that is eligible for and receives a low-income housing tax credit pursuant to Section 42 of the Internal Revenue Code, relating to low-income housing credit, a unit shall continue to be treated as occupied by a lower income household if the occupants were lower income households on the lien date in the fiscal year in which their occupancy of the unit commenced and the unit continues to be rent restricted, notwithstanding an increase in the income of the occupants of the unit to 140 percent of area median income, adjusted for family size. However, the unit shall cease to be treated as a lower income unit if the income of the occupants of the unit increases above 140 percent of area median income, adjusted for family size.(ib)This subclause shall only be operative from the 201819 fiscal year through the 202728 fiscal year.(II)(ia)In the case of an owner of property, other than a property described in subclause (I), that is subject to an enforceable and verifiable agreement with a public agency, a unit shall continue to be treated as occupied by a lower income household if the occupants were lower income households on the lien date in the fiscal year in which their occupancy of the unit commenced and the unit continues to be rent restricted, notwithstanding an increase in the income of the occupants of the unit to 100 percent of area median income, adjusted for family size. However, the unit shall cease to be treated as a lower income unit if the income of the occupants of the unit increases above 100 percent of area median income, adjusted for family size.(ib)This subclause shall only be operative from the 202425 fiscal year through the 202829 fiscal year.(iv)(I)In the case of an owner of property that is a community land trust and whose property is leased to a lower income household, a unit shall continue to be treated as occupied by a lower income household if the occupants were lower income households on the lien date in the fiscal year in which their occupancy of the unit commenced and the unit continues to be rent restricted, notwithstanding an increase in the income of the occupants of the unit to 140 percent of area median income, adjusted for family size. However, the unit shall cease to be treated as a lower income unit if the income of the occupants of the unit increases above 140 percent of area median income, adjusted for family size.(II)This clause shall only be operative from the 202223 fiscal year through the 202728 fiscal year.(B)Certify that the funds that would have been necessary to pay property taxes are used to maintain the affordability of, or reduce rents otherwise necessary for, the units occupied by lower income households.(3)As used in this subdivision:(A)Community land trust has the same meaning as defined in Section 402.1.(B)Lower income households has the same meaning as the term lower income households as defined by Section 50079.5 of the Health and Safety Code.(C)Related facilities means any managers units and any and all common area spaces that are included within the physical boundaries of the rental housing development, including, but not limited to, common area space, walkways, balconies, patios, clubhouse space, meeting rooms, laundry facilities, and parking areas, except any portions of the overall development that are nonexempt commercial space.(D)(i)Units serving lower income households shall mean units that are occupied by lower income households at an affordable rent, as defined in Section 50053 of the Health and Safety Code or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with Section 50053 of the Health and Safety Code, rents that do not exceed those prescribed by the terms of the financing or financial assistance. Units reserved for lower income households at an affordable rent that are temporarily vacant due to tenant turnover or repairs shall be counted as occupied.(ii)(I)Units serving lower income households shall also mean units specified in clause (iii) or (iv) of subparagraph (A) of paragraph (2).(II)This clause shall only be operative from the 201819 fiscal year through the 202728 fiscal year.(iii)(I)Units serving lower income households shall also mean units specified in clause (iv) of subparagraph (A) of paragraph (2).(II)This clause shall only be operative from the 202223 fiscal year through the 202728 fiscal year.(h)Property used exclusively for an emergency or temporary shelter and related facilities for homeless persons and families and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations meeting all of the requirements of this section shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section. Property that otherwise would be exempt pursuant to this subdivision, except that it includes housing and related facilities for other than an emergency or temporary shelter, shall be entitled to a partial exemption.As used in this subdivision, emergency or temporary shelter means a facility that would be eligible for funding pursuant to Chapter 11 (commencing with Section 50800) of Part 2 of Division 31 of the Health and Safety Code.(i)Property used exclusively for housing and related facilities for employees of religious, charitable, scientific, or hospital organizations that meet all the requirements of subdivision (a) and owned and operated by funds, foundations, limited liability companies, or corporations that meet all the requirements of subdivision (a) shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section to the extent the residential use of the property is institutionally necessary for the operation of the organization.(j)(1)Property used exclusively for interim housing and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations meeting all of the requirements of this section shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and in Section 5 of Article XIII of the California Constitution and in this section.(2)This subdivision shall apply for property tax lien dates occurring on or after January 1, 2026, and before January 1, 2032.(3)For purposes of this subdivision, interim housing includes a house, an apartment, a group of rooms, or a single room occupied or intended for occupancy by homeless individuals as separate living quarters. For purposes of this subparagraph, separate living quarters are those in which the occupants do not live and eat with other persons in the structure and which have direct access from the outside of the building or through a common hall. For vacant units, the criteria of separateness and direct access shall apply with respect to the intended occupants whenever possible. If the information cannot be obtained, the criteria shall apply to the previous occupants. Tents and boats are excluded if vacant, used for business, or used for extra sleeping space or vacations. Vacant seasonal or migratory mobilehomes are included in the count of vacant seasonal or migratory housing units. Living quarters of the following types shall be excluded from the housing unit inventory:(A)Dormitories, bunkhouses, and barracks.(B)Quarters in predominantly transient hotels, motels, or other similar units, except those occupied by persons who consider the hotel, motel, or similar unit their usual place of residence.(C)Quarters in institutions, general hospitals, and military installations, except those occupied by staff members or resident employees who have separate living arrangements.(k)For purposes of this section, charitable purposes include educational purposes. For purposes of this subdivision, educational purposes means those educational purposes and activities for the benefit of the community as a whole or an unascertainable and indefinite portion thereof, and do not include those educational purposes and activities that are primarily for the benefit of an organizations shareholders. Educational activities include the study of relevant information, the dissemination of that information to interested members of the general public, and the participation of interested members of the general public.(l)In the case of property used exclusively for the exempt purposes specified in this section, owned and operated by limited liability companies that are organized and operated for those purposes, the State Board of Equalization shall adopt regulations to specify the ownership, organizational, and operational requirements for those companies to qualify for the exemption provided by this section.(m)The amendments made by Chapter 354 of the Statutes of 2004 apply with respect to lien dates occurring on and after January 1, 2005.(n)The amendments made by Chapter 836 of the Statutes of 2016 apply with respect to lien dates occurring on and after January 1, 2017.(o)The amendments made by Chapter 694 of the Statutes of 2018 apply with respect to lien dates occurring on and after January 1, 2019.(p)Notwithstanding Section 20 or any other law, the State Board of Equalization is responsible for administering the welfare exemption provided by this section, except where the law places responsibility for administering that exemption with the county assessor.SEC. 5.The Legislature finds and declares that the amendments to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) made by this act are consistent with and further the intent of Proposition 2, as approved by the voters at the November 6, 2018, statewide general election, within the meaning of Section 7 of Proposition 2.SEC. 6.The Legislature finds and declares that Section 2 of this act amending Section 65584.04 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.SEC. 7.For purposes of complying with Section 41 of the Revenue and Taxation Code, as it pertains to the amendments to Section 214 of the Revenue and Taxation Code made by this act, the Legislature finds and declares as follows:(a)The specific goal, purpose, or objective of the property tax exemption pursuant to Section 214 of the Revenue and Taxation Code is to encourage private landowners to support cities and counties in ending unsheltered homelessness by providing a tax incentive for them to lease their land for the operation of all types of shelter, including interim housing.(b)The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the total number of interim housing units that are constructed and operated by a nonprofit organization as a result of this exemption, the number of taxpayers allowed an exemption, and the total dollar value of the exemptions.SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 9.Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.This act shall be known, and may be cited, as the Ending Street Homelessness Act.
SEC. 2.Section 65584.04 of the Government Code is amended to read:65584.04.(a)At least two years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed in subdivision (d) of Section 65584.
(b)(1)No more than six months before the development of a proposed methodology for distributing the existing and projected housing need, each council of governments shall survey each of its member jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (e) that will allow the development of a methodology based upon the factors established in subdivision (e).
(2)With respect to the objective in paragraph (5) of subdivision (d) of Section 65584, the survey shall review and compile information that will allow the development of a methodology based upon the issues, strategies, and actions that are included, as available, in an Analysis of Impediments to Fair Housing Choice or an Assessment of Fair Housing completed by any city or county or the department that covers communities within the area served by the council of governments, and in housing elements adopted pursuant to this article by cities and counties within the area served by the council of governments.
(3)The council of governments shall seek to obtain the information in a manner and format that is comparable throughout the region and utilize readily available data to the extent possible.
(4)The information provided by a local government pursuant to this section shall be used, to the extent possible, by the council of governments, or delegate subregion as applicable, as source information for the methodology developed pursuant to this section. The survey shall state that none of the information received may be used as a basis for reducing the total housing need established for the region pursuant to Section 65584.01.
(5)If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or city and county may submit information related to the items listed in subdivision (e) before the public comment period provided for in subdivision (d).
(c)The council of governments shall electronically report the results of the survey of fair housing issues, strategies, and actions compiled pursuant to paragraph (2) of subdivision (b). The report shall describe common themes and effective strategies employed by cities and counties within the area served by the council of governments, including common themes and effective strategies around avoiding the displacement of lower income households. The council of governments shall also identify significant barriers to affirmatively furthering fair housing at the regional level and may recommend strategies or actions to overcome those barriers. A council of governments or metropolitan planning organization, as appropriate, may use this information for any other purpose, including publication within a regional transportation plan adopted pursuant to Section 65080 or to inform the land use assumptions that are applied in the development of a regional transportation plan.
(d)Public participation and access shall be required in the development of the methodology and in the process of drafting and adoption of the allocation of the regional housing needs. Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a diligent effort to achieve public participation of all economic segments of the community as well as members of protected classes under Section 12955 and households with special housing needs under paragraph (7) of subdivision (a) of Section 65583. The proposed methodology, along with any relevant underlying data and assumptions, an explanation of how information about local government conditions gathered pursuant to subdivision (b) has been used to develop the proposed methodology, how each of the factors listed in subdivision (e) is incorporated into the methodology, and how the proposed methodology furthers the objectives listed in subdivision (d) of Section 65584, shall be distributed to all cities, counties, any subregions, and members of the public who have made a written or electronic request for the proposed methodology and published on the council of governments, or delegate subregions, internet website. The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to receive oral and written comments on the proposed methodology.
(e)To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other sources, each council of governments, or delegate subregion as applicable, shall consider including the following factors in developing the methodology that allocates regional housing needs:
(1)Each member jurisdictions existing and projected jobs and housing relationship. This shall include an estimate based on readily available data on the number of low-wage jobs within the jurisdiction and how many housing units within the jurisdiction are affordable to low-wage workers as well as an estimate based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period.
(2)The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
(A)Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period.
(B)The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding.
(C)Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to nonagricultural uses.
(D)County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated area and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to nonagricultural uses.
(E)Emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change.
(3)The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.
(4)Agreements between a county and cities in a county to direct growth toward incorporated areas of the county and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses.
(5)The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583, that changed to non-low-income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions.
(6)The percentage of existing households at each of the income levels listed in subdivision (f) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.
(7)The rate of overcrowding.
(8)The housing needs of farmworkers.
(9)The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction.
(10)The housing needs of individuals and families experiencing homelessness. If a council of governments has surveyed each of its member jurisdictions pursuant to subdivision (b) on or before January 1, 2020, this paragraph shall apply only to the development of methodologies for the seventh and subsequent revisions of the housing element.
(11)The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.
(12)The regions greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.
(13)Any other factors adopted by the council of governments, that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions.
(f)The council of governments, or delegate subregion, as applicable, shall explain in writing how each of the factors described in subdivision (e) was incorporated into the methodology and how the methodology furthers the objectives listed in subdivision (d) of Section 65584. The methodology may include numerical weighting. This information, and any other supporting materials used in determining the methodology, shall be posted on the council of governments, or delegate subregions, internet website.
(g)The following criteria shall not be a justification for a determination or a reduction in a jurisdictions share of the regional housing need:
(1)Any ordinance, policy, voter-approved measure, or standard of a city or county that directly or indirectly limits the number of residential building permits issued by a city or county.
(2)Prior underproduction of housing in a city or county from the previous regional housing need allocation, as determined by each jurisdictions annual production report submitted pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(3)Stable population numbers in a city or county from the previous regional housing needs cycle.
(h)(1)(A)In developing the proposed allocation methodology that allocates each jurisdictions share of the regional housing need for acutely low income housing, the council of governments, or delegate subregion, as applicable, shall count any newly constructed interim housing that provides noncongregate accommodations and is contracted to operate at least through the existing regional housing needs allocation cycle as meeting the needs of acutely low income households.
(B)For purposes of this subdivision, interim housing means a room or group of rooms occupied or intended for occupancy by homeless individuals that provide separate sleeping quarters and are a habitual place of residence on a nonpermanent basis. Sanitary and dining facilities must be provided, but may be private or shared accommodations.
(2)This subdivision shall remain operative only until January 1, 2032.
(h)(i)Following the conclusion of the public comment period described in subdivision (d) on the proposed allocation methodology, and after making any revisions deemed appropriate by the council of governments, or delegate subregion, as applicable, as a result of comments received during the public comment period, and as a result of consultation with the department, each council of governments, or delegate subregion, as applicable, shall publish a draft allocation methodology on its internet website and submit the draft allocation methodology, along with the information required pursuant to subdivision (e), to the department.
(i)(j)Within 60 days, the department shall review the draft allocation methodology and report its written findings to the council of governments, or delegate subregion, as applicable. In its written findings the department shall determine whether the methodology furthers the objectives listed in subdivision (d) of Section 65584. If the department determines that the methodology is not consistent with subdivision (d) of Section 65584, the council of governments, or delegate subregion, as applicable, shall take one of the following actions:
(1)Revise the methodology to further the objectives listed in subdivision (d) of Section 65584 and adopt a final regional, or subregional, housing need allocation methodology.
(2)Adopt the regional, or subregional, housing need allocation methodology without revisions and include within its resolution of adoption findings, supported by substantial evidence, as to why the council of governments, or delegate subregion, believes that the methodology furthers the objectives listed in subdivision (d) of Section 65584 despite the findings of the department.
(j)(k)If the departments findings are not available within the time limits set by subdivision (i), (j), the council of governments, or delegate subregion, may act without them.
(k)(l)Upon either action pursuant to subdivision (i), (j), the council of governments, or delegate subregion, shall provide notice of the adoption of the methodology to the jurisdictions within the region, or delegate subregion, as applicable, and to the department, and shall publish the adopted allocation methodology, along with its resolution and any adopted written findings, on its internet website.
(l)(m)The department may, within 45 days, review the adopted methodology and report its findings to the council of governments, or delegate subregion.
(m)(n)(1)It is the intent of the Legislature that housing planning be coordinated and integrated with the regional transportation plan. To achieve this goal, the allocation plan shall allocate housing units within the region consistent with the development pattern included in the sustainable communities strategy.
(2)(A)The final allocation plan shall ensure that the total regional housing need, by income category, as determined under Section 65584, is maintained, and that each jurisdiction in the region receive an allocation of units for low- and very low income households.
(B)For the seventh and subsequent revisions of the housing element, the allocation to each region required under subparagraph (A) shall also include an allocation of units for acutely low and extremely low income households.
(3)The resolution approving the final housing need allocation plan shall demonstrate that the plan is consistent with the sustainable communities strategy in the regional transportation plan and furthers the objectives listed in subdivision (d) of Section 65584.
(n)(o)This section shall become operative on January 1, 2025.
SEC. 3.Article 3 (commencing with Section 50245) is added to Chapter 6.5 of Part 1 of Division 31 of the Health and Safety Code, to read:3.Additional Rounds of the Homeless Housing, Assistance, and Prevention Program50245.For the purposes of this article, the following definitions apply:
(a)Applicant means a continuum of care, city, county, tribe, or a region.
(b)Functional zero unsheltered homelessness means sufficient housing options of all types to accommodate at least 60 percent of a jurisdictions unsheltered homeless population living on the street based on its most recent homeless point-in-time count.
(c)Homeless habitation capacity includes the following types of shelter or housing:
(1)Interim living spaces.
(2)Permanent housing.
(3)Safe sleeping sites.
(4)Safe parking.
(d)Housing now action plan means the plan described in Section 50246.
(e)Interim living spaces means decent, safe, and managed sites providing individual rooms or spaces for occupants.
50245.5.(a)Upon appropriation by the Legislature, round 7 of the Homeless Housing, Assistance, and Prevention program is hereby established.
(b)The department shall administer all aspects of the program in accordance with this article.
50246.(a)To be eligible for a round 7 or subsequent base program allocation, an applicant shall be eligible for a round 6 base program allocation and submit to the department a housing now action plan that meets the requirements of this section.
(b)The housing now action plan shall include all of the following information for all rounds of program allocation:
(1)A description of key actions that will be taken within the applicants region to comply with the housing inventory expansion requirements described in Section 50247.5.
(2)A description of key actions that will be taken within the applicants region to sustain the operation of interim living spaces built pursuant to this plan.
(3)A description of all of the following:
(A)Siting strategies and proposed locations for interim living spaces.
(B)Services and types of programs and target population specific needs, including equity.
(C)Financing strategies for achieving functional zero unsheltered homelessness.
(4)For the 203031 fiscal year and each subsequent fiscal year, a description of how the applicant will continue to operate housing sufficient to maintain functional zero unsheltered homelessness.
(c)An applicant may submit an update to its regionally coordinated homeless action plan in lieu of submitting a housing now action plan application if that update includes all of the information described in subdivision (b).
(d)The department shall develop guidance and the housing now action plan application requesting the information described in subdivision (b) within 90 days.
(e)Upon completion of the application for round 7 of the program and submission of the housing now action plan described in this section, the department shall review the application and the housing now action plan and make a determination of conformity.
(f)(1)An applicant with a housing now action plan approved by the department shall also be eligible for funding pursuant to housing and homelessness funding sources the department administers to pay for capital and operating subsidies for interim living spaces.
(2)The department may distribute funding to recipients from the following housing and homelessness funding sources:
(A)The Behavioral Health Bridge Housing program, as established pursuant to Provision 17 of Item 4260-101-0001 of Section 2.00 of the Budget Act of 2022.
(B)The Encampment Resolution Funding Program (Chapter 7 (commencing with Section 50250)).
(C)The Family Homelessness Challenge Grants and Technical Assistance program (Chapter 8 (commencing with Section 50255)).
(D)The Permanent Local Housing Allocation Program, as established pursuant to Chapter 2.5 (commencing with Section 50470) of Part 2.
(E)The Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2).
(F)The Homekey Plus program, as described in Section 50675.1.1.
(G)The Local Housing Trust Fund Matching Grant Program (Chapter 13 (commencing with Section 50842.1) of Part 2).
(H)No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code).
(I)Providing Access and Transforming Health (PATH) program, as described in Section 14184.700 of the Welfare and Institutions Code.
50246.5.The department may only allocate a round 7 or subsequent base allocation to a participating city or county that has enacted an encampment resolution ordinance that, at a minimum, is in substantially the same form as the Model Ordinance: Addressing Encampments with Urgency and Dignity, released by the Governor on May 12, 2025.
50247.(a)Each county and each city that submits a housing now action plan pursuant to Section 50246 shall sign a memorandum of understanding that meets the requirements of this section.
(b)The memorandum of understanding shall commit the participating jurisdiction, at a minimum, to the applicable of the following:
(1)Participation in, and compliance with, the housing now action plan.
(2)An applicant that is a city shall be responsible for both of the following:
(A)(i)Siting, developing, and operating housing for unsheltered populations within its jurisdiction.
(ii)The base operations for operating housing for unsheltered populations within its jurisdiction shall include all of the following:
(I)Maintenance.
(II)Security.
(III)Utilities.
(IV)Meals.
(B)Resolution of encampments within its jurisdiction.
(3)An applicant that is a county shall be responsible for both of the following:
(A)(i)Siting, developing, and operating housing for unsheltered populations within the unincorporated areas of the county.
(ii)The base operations for operating housing for unsheltered populations within its jurisdiction shall include all of the following:
(I)Health and social safety net programs.
(II)Assistance with enrollment in public benefit programs.
(III)Specialty mental health and substance use disorder services.
(IV)Case management.
(B)Resolution of encampments within its jurisdiction.
(c)Smaller jurisdictions in the region may also sign the memorandum of understanding and commit to participation in, and compliance with, the requirements of subdivision (b). Counties are encouraged to allocate resources from program funding to smaller jurisdictions that participate in and commit to complying with the requirements of subdivision (b).
50247.5.(a)The department shall determine each regions five-year housing inventory expansion target in accordance with this section.
(b)The five-year housing inventory expansion target value shall be equivalent to 60 percent of the regions most recent point-in-time count.
(c)At the end of each fiscal year, each region shall expand its homeless habitation capacity until it achieves its five-year housing inventory expansion target in accordance with the schedule established by the department pursuant to subdivision (d).
(d)(1)The department shall develop a schedule for each region for the 202627 fiscal year through the 203031 fiscal year, inclusive.
(2)The schedule shall include all of the following:
(A)By the end of the 202627 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 5 percent of its five-year housing inventory expansion target.
(B)By the end of the 202728 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 10 percent of its five-year housing inventory expansion target.
(C)By the end of the 202829 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 25 percent of its five-year housing inventory expansion target.
(D)By the end of the 202930 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 50 percent of its five-year housing inventory expansion target.
(E)By the end of the 203031 fiscal year, each region shall expand its homeless habitation capacity by a value at least equivalent to 100 percent of its five-year housing inventory expansion target.
50248.(a)The department shall prepare and submit to the Legislature an annual report with recommendations for policies that are necessary to continue achieving functional zero unsheltered homelessness.
(b)(1)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2030.
50249.This article shall remain in effect as of January 1, 2032, and as of that date is repealed.
SEC. 4.Section 214 of the Revenue and Taxation Code is amended to read:214.(a)Property used exclusively for religious, hospital, scientific, or charitable purposes owned and operated by community chests, funds, foundations, limited liability companies, or corporations organized and operated for religious, hospital, scientific, or charitable purposes is exempt from taxation, including ad valorem taxes to pay the interest and redemption charges on any indebtedness approved by the voters prior to July 1, 1978, or any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by the voters voting on the proposition, if:
(1)The owner is not organized or operated for profit. However, in the case of hospitals, the organization shall not be deemed to be organized or operated for profit if, during the immediately preceding fiscal year, operating revenues, exclusive of gifts, endowments, and grants-in-aid, did not exceed operating expenses by an amount equivalent to 10 percent of those operating expenses. As used herein, operating expenses include depreciation based on cost of replacement and amortization of, and interest on, indebtedness.
(2)No part of the net earnings of the owner inures to the benefit of any private shareholder or individual.
(3)The property is used for the actual operation of the exempt activity, and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose.
(A)For the purposes of determining whether the property is used for the actual operation of the exempt activity, consideration shall not be given to use of the property for either or both of the following described activities if that use is occasional:
(i)The owner conducts fundraising activities on the property and the proceeds derived from those activities are not unrelated business taxable income, as defined in Section 512 of the Internal Revenue Code, of the owner and are used to further the exempt activity of the owner.
(ii)The owner permits any other organization that meets all of the requirements of this subdivision, other than ownership of the property, to conduct fundraising activities on the property and the proceeds derived from those activities are not unrelated business taxable income, as defined in Section 512 of the Internal Revenue Code, of the organization, are not subject to the tax on unrelated business taxable income that is imposed by Section 511 of the Internal Revenue Code, and are used to further the exempt activity of the organization.
(B)For purposes of subparagraph (A):
(i)Occasional use means use of the property on an irregular or intermittent basis by the qualifying owner or any other qualifying organization described in clause (ii) of subparagraph (A) that is incidental to the primary activities of the owner or the other organization.
(ii)Fundraising activities means both activities involving the direct solicitation of money or other property and the anticipated exchange of goods or services for money between the soliciting organization and the organization or person solicited.
(C)Subparagraph (A) shall have no application in determining whether paragraph (3) has been satisfied unless the owner of the property and any other organization using the property as provided in subparagraph (A) have filed with the assessor a valid organizational clearance certificate issued pursuant to Section 254.6.
(D)For the purposes of determining whether the property is used for the actual operation of the exempt activity, consideration shall not be given to the use of the property for meetings conducted by any other organization if the meetings are incidental to the other organizations primary activities, are not fundraising meetings or activities as defined in subparagraph (B), are held no more than once per week, and the other organization and its use of the property meet all other requirements of paragraphs (1) to (5), inclusive, of this subdivision. The owner or the other organization also shall file with the assessor a copy of a valid, unrevoked letter or ruling from the Internal Revenue Service or the Franchise Tax Board stating that the other organization, or the national organization of which it is a local chapter or affiliate, qualifies as an exempt organization under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code or Section 23701d, 23701f, or 23701w.
(E)Subparagraph (A), (B), (C), or (D) shall not be construed to either enlarge or restrict the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.
(4)The property is not used or operated by the owner or by any other person so as to benefit any officer, trustee, director, shareholder, member, employee, contributor, or bondholder of the owner or operator, or any other person, through the distribution of profits, payment of excessive charges or compensations, or the more advantageous pursuit of their business or profession.
(5)The property is not used by the owner or members thereof for fraternal or lodge purposes, or for social club purposes except where that use is clearly incidental to a primary religious, hospital, scientific, or charitable purpose.
(6)The property is irrevocably dedicated to religious, charitable, scientific, or hospital purposes and, upon the liquidation, dissolution, or abandonment of the owner, will not inure to the benefit of any private person except a fund, foundation, or corporation organized and operated for religious, hospital, scientific, or charitable purposes.
(7)The property, if used exclusively for scientific purposes, is used by a foundation or institution that, in addition to complying with the foregoing requirements for the exemption of charitable organizations in general, has been chartered by the Congress of the United States (except that this requirement shall not apply when the scientific purposes are medical research), and whose objects are the encouragement or conduct of scientific investigation, research, and discovery for the benefit of the community at large.
The exemption provided for herein shall be known as the welfare exemption. This exemption is in addition to any other exemption now provided by law, and the existence of the exemption provision in paragraph (2) of subdivision (a) of Section 202 does not preclude the exemption under this section for museum or library property. Except as provided in subdivision (e), this section shall not be construed to enlarge the college exemption.
(b)Property used exclusively for school purposes of less than collegiate grade and owned and operated by religious, hospital, or charitable funds, foundations, limited liability companies, or corporations, which property and funds, foundations, limited liability companies, or corporations meet all of the requirements of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.
(c)Property used exclusively for nursery school purposes and owned and operated by religious, hospital, or charitable funds, foundations, limited liability companies, or corporations, which property and funds, foundations, limited liability companies, or corporations meet all the requirements of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.
(d)Property used exclusively for a noncommercial educational FM broadcast station or an educational television station, and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations meeting all of the requirements of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.
(e)Property used exclusively for religious, charitable, scientific, or hospital purposes and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations or educational institutions of collegiate grade, as defined in Section 203, which property and funds, foundations, limited liability companies, corporations, or educational institutions meet all of the requirements of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section. As to educational institutions of collegiate grade, as defined in Section 203, the requirements of paragraph (6) of subdivision (a) shall be deemed to be met if both of the following are met:
(1)The property of the educational institution is irrevocably dedicated in its articles of incorporation to charitable and educational purposes, to religious and educational purposes, or to educational purposes.
(2)The articles of incorporation of the educational institution provide for distribution of its property upon its liquidation, dissolution, or abandonment to a fund, foundation, or corporation organized and operated for religious, hospital, scientific, charitable, or educational purposes meeting the requirements for exemption provided by Section 203 or this section.
(f)Property used exclusively for housing and related facilities for elderly or handicapped families and financed by, including, but not limited to, the federal government pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), as amended, Section 231 of Public Law 73-479 (12 U.S.C. Sec. 1715v), Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations meeting all of the requirements of this section shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section.
The amendment of this paragraph made by Chapter 1102 of the Statutes of 1984 does not constitute a change in, but is declaratory of, existing law. However, no refund of property taxes shall be required as a result of this amendment for any fiscal year prior to the fiscal year in which the amendment takes effect.
Property used exclusively for housing and related facilities for elderly or handicapped families at which supplemental care or services designed to meet the special needs of elderly or handicapped residents are not provided, or that is not financed by the federal government pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), as amended, Section 231 of Public Law 73-479 (12 U.S.C. Sec. 1715v), Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), shall not be entitled to exemption pursuant to this subdivision unless the property is used for housing and related facilities for low- and moderate-income elderly or handicapped families. Property that would otherwise be exempt pursuant to this subdivision, except that it includes some housing and related facilities for other than low- or moderate-income elderly or handicapped families, shall be entitled to a partial exemption. The partial exemption shall be equal to that percentage of the value of the property that is equal to the percentage that the number of low- and moderate-income elderly and handicapped families represents of the total number of families occupying the property.
As used in this subdivision, low and moderate income has the same meaning as the term persons and families of low or moderate income as defined by Section 50093 of the Health and Safety Code.
(g)(1)Property used exclusively for rental housing and related facilities and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations, including limited partnerships in which the managing general partner is an eligible nonprofit corporation or eligible limited liability company, meeting all of the requirements of this section, or by veterans organizations, as described in Section 215.1, meeting all the requirements of paragraphs (1) to (7), inclusive, of subdivision (a), shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section and shall be entitled to a partial exemption equal to that percentage of the value of the property that is equal to the percentage that the number of units serving lower income households represents of the total number of residential units in any year in which any of the following criteria applies:
(A)The acquisition, rehabilitation, development, or operation of the property, or any combination of these factors, is financed with tax-exempt mortgage revenue bonds, qualified 501(c)(3) bonds, as that term is defined in Section 145 of Title 26 of the United States Code, or general obligation bonds, or is financed by local, state, or federal loans or grants and the rents of the occupants who are lower income households do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance.
(B)The owner of the property is eligible for and receives low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as added by Public Law 99-514.
(C)In the case of a claim, other than a claim with respect to property owned by a limited partnership in which the managing general partner is an eligible nonprofit corporation, that is filed for the 200001 fiscal year or any fiscal year thereafter, 90 percent or more of the occupants of the property are lower income households whose rent does not exceed the rent prescribed by Section 50053 of the Health and Safety Code. The total exemption amount allowed under this subdivision to a taxpayer, with respect to a single property or multiple properties for any fiscal year on the sole basis of the application of this subparagraph, may not exceed twenty million dollars ($20,000,000) in assessed value.
(D)(i)The property was previously purchased and owned by the Department of Transportation pursuant to a consent decree requiring housing mitigation measures relating to the construction of a freeway and is now solely owned by an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
(ii)This subparagraph does not apply to property owned by a limited partnership in which the managing partner is an eligible nonprofit corporation.
(2)In order to be eligible for the exemption provided by this subdivision, the owner of the property shall do both of the following:
(A)(i)For any claim filed for the 200001 fiscal year or any fiscal year thereafter, certify and ensure, subject to the limitation in clause (ii), that there is an enforceable and verifiable agreement with a public agency, a recorded deed restriction, or other legal document that restricts the projects usage and that provides that the units designated for use by lower income households are continuously available to or occupied by lower income households, subject to the exception in clause (iii), at rents that do not exceed those prescribed by Section 50053 of the Health and Safety Code, or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with Section 50053 of the Health and Safety Code, rents that do not exceed those prescribed by the terms of the financing or financial assistance.
(ii)In the case of a limited partnership in which the managing general partner is an eligible nonprofit corporation, the restriction and provision specified in clause (i) shall be contained in an enforceable and verifiable agreement with a public agency, or in a recorded deed restriction to which the limited partnership certifies.
(iii)(I)(ia)In the case of an owner of property that is eligible for and receives a low-income housing tax credit pursuant to Section 42 of the Internal Revenue Code, relating to low-income housing credit, a unit shall continue to be treated as occupied by a lower income household if the occupants were lower income households on the lien date in the fiscal year in which their occupancy of the unit commenced and the unit continues to be rent restricted, notwithstanding an increase in the income of the occupants of the unit to 140 percent of area median income, adjusted for family size. However, the unit shall cease to be treated as a lower income unit if the income of the occupants of the unit increases above 140 percent of area median income, adjusted for family size.
(ib)This subclause shall only be operative from the 201819 fiscal year through the 202728 fiscal year.
(II)(ia)In the case of an owner of property, other than a property described in subclause (I), that is subject to an enforceable and verifiable agreement with a public agency, a unit shall continue to be treated as occupied by a lower income household if the occupants were lower income households on the lien date in the fiscal year in which their occupancy of the unit commenced and the unit continues to be rent restricted, notwithstanding an increase in the income of the occupants of the unit to 100 percent of area median income, adjusted for family size. However, the unit shall cease to be treated as a lower income unit if the income of the occupants of the unit increases above 100 percent of area median income, adjusted for family size.
(ib)This subclause shall only be operative from the 202425 fiscal year through the 202829 fiscal year.
(iv)(I)In the case of an owner of property that is a community land trust and whose property is leased to a lower income household, a unit shall continue to be treated as occupied by a lower income household if the occupants were lower income households on the lien date in the fiscal year in which their occupancy of the unit commenced and the unit continues to be rent restricted, notwithstanding an increase in the income of the occupants of the unit to 140 percent of area median income, adjusted for family size. However, the unit shall cease to be treated as a lower income unit if the income of the occupants of the unit increases above 140 percent of area median income, adjusted for family size.
(II)This clause shall only be operative from the 202223 fiscal year through the 202728 fiscal year.
(B)Certify that the funds that would have been necessary to pay property taxes are used to maintain the affordability of, or reduce rents otherwise necessary for, the units occupied by lower income households.
(3)As used in this subdivision:
(A)Community land trust has the same meaning as defined in Section 402.1.
(B)Lower income households has the same meaning as the term lower income households as defined by Section 50079.5 of the Health and Safety Code.
(C)Related facilities means any managers units and any and all common area spaces that are included within the physical boundaries of the rental housing development, including, but not limited to, common area space, walkways, balconies, patios, clubhouse space, meeting rooms, laundry facilities, and parking areas, except any portions of the overall development that are nonexempt commercial space.
(D)(i)Units serving lower income households shall mean units that are occupied by lower income households at an affordable rent, as defined in Section 50053 of the Health and Safety Code or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with Section 50053 of the Health and Safety Code, rents that do not exceed those prescribed by the terms of the financing or financial assistance. Units reserved for lower income households at an affordable rent that are temporarily vacant due to tenant turnover or repairs shall be counted as occupied.
(ii)(I)Units serving lower income households shall also mean units specified in clause (iii) or (iv) of subparagraph (A) of paragraph (2).
(II)This clause shall only be operative from the 201819 fiscal year through the 202728 fiscal year.
(iii)(I)Units serving lower income households shall also mean units specified in clause (iv) of subparagraph (A) of paragraph (2).
(II)This clause shall only be operative from the 202223 fiscal year through the 202728 fiscal year.
(h)Property used exclusively for an emergency or temporary shelter and related facilities for homeless persons and families and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations meeting all of the requirements of this section shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section. Property that otherwise would be exempt pursuant to this subdivision, except that it includes housing and related facilities for other than an emergency or temporary shelter, shall be entitled to a partial exemption.
As used in this subdivision, emergency or temporary shelter means a facility that would be eligible for funding pursuant to Chapter 11 (commencing with Section 50800) of Part 2 of Division 31 of the Health and Safety Code.
(i)Property used exclusively for housing and related facilities for employees of religious, charitable, scientific, or hospital organizations that meet all the requirements of subdivision (a) and owned and operated by funds, foundations, limited liability companies, or corporations that meet all the requirements of subdivision (a) shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and Section 5 of Article XIII of the California Constitution and this section to the extent the residential use of the property is institutionally necessary for the operation of the organization.
(j)(1)Property used exclusively for interim housing and owned and operated by religious, hospital, scientific, or charitable funds, foundations, limited liability companies, or corporations meeting all of the requirements of this section shall be deemed to be within the exemption provided for in subdivision (b) of Section 4 and in Section 5 of Article XIII of the California Constitution and in this section.
(2)This subdivision shall apply for property tax lien dates occurring on or after January 1, 2026, and before January 1, 2032.
(3)For purposes of this subdivision, interim housing includes a house, an apartment, a group of rooms, or a single room occupied or intended for occupancy by homeless individuals as separate living quarters. For purposes of this subparagraph, separate living quarters are those in which the occupants do not live and eat with other persons in the structure and which have direct access from the outside of the building or through a common hall. For vacant units, the criteria of separateness and direct access shall apply with respect to the intended occupants whenever possible. If the information cannot be obtained, the criteria shall apply to the previous occupants. Tents and boats are excluded if vacant, used for business, or used for extra sleeping space or vacations. Vacant seasonal or migratory mobilehomes are included in the count of vacant seasonal or migratory housing units. Living quarters of the following types shall be excluded from the housing unit inventory:
(A)Dormitories, bunkhouses, and barracks.
(B)Quarters in predominantly transient hotels, motels, or other similar units, except those occupied by persons who consider the hotel, motel, or similar unit their usual place of residence.
(C)Quarters in institutions, general hospitals, and military installations, except those occupied by staff members or resident employees who have separate living arrangements.
(j)(k)For purposes of this section, charitable purposes include educational purposes. For purposes of this subdivision, educational purposes means those educational purposes and activities for the benefit of the community as a whole or an unascertainable and indefinite portion thereof, and do not include those educational purposes and activities that are primarily for the benefit of an organizations shareholders. Educational activities include the study of relevant information, the dissemination of that information to interested members of the general public, and the participation of interested members of the general public.
(k)(l)In the case of property used exclusively for the exempt purposes specified in this section, owned and operated by limited liability companies that are organized and operated for those purposes, the State Board of Equalization shall adopt regulations to specify the ownership, organizational, and operational requirements for those companies to qualify for the exemption provided by this section.
(l)(m)The amendments made by Chapter 354 of the Statutes of 2004 apply with respect to lien dates occurring on and after January 1, 2005.
(m)(n)The amendments made by Chapter 836 of the Statutes of 2016 apply with respect to lien dates occurring on and after January 1, 2017.
(n)(o)The amendments made by Chapter 694 of the Statutes of 2018 apply with respect to lien dates occurring on and after January 1, 2019.
(o)(p)Notwithstanding Section 20 or any other law, the State Board of Equalization is responsible for administering the welfare exemption provided by this section, except where the law places responsibility for administering that exemption with the county assessor.
SEC. 5.The Legislature finds and declares that the amendments to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) made by this act are consistent with and further the intent of Proposition 2, as approved by the voters at the November 6, 2018, statewide general election, within the meaning of Section 7 of Proposition 2.
SEC. 6.The Legislature finds and declares that Section 2 of this act amending Section 65584.04 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.
SEC. 7.For purposes of complying with Section 41 of the Revenue and Taxation Code, as it pertains to the amendments to Section 214 of the Revenue and Taxation Code made by this act, the Legislature finds and declares as follows:
(a)The specific goal, purpose, or objective of the property tax exemption pursuant to Section 214 of the Revenue and Taxation Code is to encourage private landowners to support cities and counties in ending unsheltered homelessness by providing a tax incentive for them to lease their land for the operation of all types of shelter, including interim housing.
(b)The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the total number of interim housing units that are constructed and operated by a nonprofit organization as a result of this exemption, the number of taxpayers allowed an exemption, and the total dollar value of the exemptions.
SEC. 8.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 9.Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
SECTION 1.Section 65583 of the Government Code is amended to read:65583.The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:(a)An assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs. The assessment and inventory shall include all of the following:(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584.(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.(3)An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.(B)Emergency shelters shall only be subject to the following written, objective standards:(i)The maximum number of beds or persons permitted to be served nightly by the facility.(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.(iii)The size and location of exterior and interior onsite waiting and client intake areas.(iv)The provision of onsite management.(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.(vi)The length of stay.(vii)Lighting.(viii)Security during hours that the emergency shelter is in operation.(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:(i)Vacant sites zoned for residential use.(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the localitys ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.(7)(A)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.(B)For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also include an analysis of the housing needs of acutely and extremely low income households.(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.(C)The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.(10)For a local government that does not receive funding pursuant to the Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216)) and (Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code), all of the following:(A)An itemized list of the specific federal, state, and local resources available to assist individuals who are unhoused, including interim and permanent housing, and mental and behavioral health services.(B)A description of the actions taken by the local government to connect individuals who are unhoused to the resources described in subparagraph (A).(C)Most up-to-date data on the number of individuals who are unhoused.(D)A description of key actions that will be taken to reduce the number of individuals who are unhoused based on the data points described in subparagraph (C).(E)A description of key actions that will be taken to prevent individuals from becoming unhoused.(F)Actions taken to coordinate with cities in the region, counties or council of governments, and identification and analysis of the specific roles and responsibilities regarding outreach and site coordination, siting and use of available land, the development of shelter, interim, and permanent housing options, and the coordination and connection to the delivery of services to individuals who are unhoused, or at risk of becoming unhoused, including specifying roles and coordination plans in relation to the Mental Health Services Act or Behavioral Health Services Act, within the region and engagement in the regionally coordinated homelessness action plan required pursuant to the Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216) and Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code).(G)Actions taken to reduce barriers and expedite the approval processes for approving interim and permanent housing options.(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period.(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:(i)For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.(ii)For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.(iii)Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:(I)The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days before the statutory deadline established in Section 65588 for adoption of the housing element.(II)The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.(III)The local government adopts the draft element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.(2)(A)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.(B)For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.(3)Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.(5)Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.(7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in subdivision (a) of Section 66313.(8)Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.(9)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.(C)(i)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.(ii)The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.(D)(i)The department shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:(I)Timelines for implementation.(II)Responsible party or parties.(III)Resources committed from the local budget to affirmatively further fair housing.(IV)Action areas.(V)Potential impacts of the program.(ii)A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each subsequent revision of the housing element.(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:(A)How the joint facility will meet the jurisdictions emergency shelter need.(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.(C)The amount and source of the funding that the jurisdiction contributes to the facility.(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.SEC. 2.Section 8257.1 of the Welfare and Institutions Code is amended to read:8257.1.(a)It is the intent of the Legislature to obtain trustworthy information to connect funding allocated to prevent and end homelessness with established sheltering and housing resources and to provide state agencies with accurate information to allow for more accurate forecasting to target future investments. To advance these goals, the coordinating council shall, upon appropriation by the Legislature, do all of the following:(1)Conduct, or contract with an entity to conduct, a statewide homelessness assessment that will do all of the following:(A)Identify all programs a state agency funds, implements, or administers for the purpose of providing unsheltered outreach services, emergency shelter, housing or housing-based services to persons experiencing homelessness or at risk of homelessness and do all of the following:(i)Identify homelessness interventions and service categories available statewide and in geographically diverse regions across the state.(ii)Compile the amount of funding distributed to local jurisdictions and its stated intent by the administering entity.(iii)Identify the intended uses for the funds identified pursuant to clause (ii) by type of intervention as stated by local jurisdictions requesting funding made available for housing- or homelessness-related services.(iv)Identify conditions or premise of the funds identified pursuant to clause (ii) as it relates to leveraging nonstate dollars.(v)If applicable, reasons for the unavailability of data.(B)Obtain the following information for each program identified in subparagraph (A) to the extent that data is available in local Homeless Management Information Systems (HMIS), the Homeless Data Integration System (HDIS) or other readily available data sources:(i)The number of permanent housing units that the program made available.(ii)The amount of rental subsides, vouchers, or other forms of financial support intended to prevent homelessness or to rehouse individuals that the program made available.(iii)The number of emergency shelter beds, vouchers, or units that the program made available.(iv)The wrap around services that the program offered.(C)Collect data, to the extent data it is available, on the numbers and demographics of persons served through the identified services, including, but not limited to, a quantification of the disparities across age, race, ethnicity, and other demographics based on the following subpopulation categories to describe the homelessness population relative to the general population:(i)Young adults.(ii)Unaccompanied minors.(iii)Single adults experiencing either chronic or nonchronic patterns of homelessness, of first-time homelessness.(iv)Adults over 50 years of age.(v)Veterans.(vi)Families experiencing either chronic or nonchronic patterns of homelessness, or first-time homelessness.(D)For each program identified pursuant to subparagraph (A) that provides housing or homelessness-related services, collect and analyze the following data:(i)The number of persons served annually by service or intervention type by age, gender, and racial subgroupings.(ii)Typical service mix use to develop portrait of the types of system clients to better understand the holistic needs of people experiencing homelessness and to forecast future uses and policies of resources intended to address homelessness.(iii)The service, services, or service mixes that are associated with individuals exiting homelessness.(iv)The duration and frequency individuals accessed services, on average, and the length of time from program intake to the date the individual moves into permanent housing or resolves homelessness.(v)Each type of housing and each type of intervention provided disaggregated by age, racial, and gender characteristics of recipients.(vi)The number of individuals whose homelessness was prevented after accessing homelessness prevention services(vii)Information about the people who accessed the resources identified in subparagraph (B) and disaggregated by demographic characteristics described in subparagraph (C).(viii)Analyze the results of current permanent and interim housing programs by program type.(ix)Additional data necessary to provide a comprehensive view of the homelessness response system.(E)Provide the reasons for lack of data availability, if applicable.(2)(A)For purposes of collecting data to conduct the assessment pursuant to paragraph (1), evaluate available data, including, but not limited to, HDIS, data from state agencies administering homelessness funds, statewide and local homeless point-in-time counts and housing inventory counts, and available statewide information on the number or rate of persons exiting state-funded institutional settings, including, but not limited to, state prisons and, to the extent possible, local jails, into homelessness.(B)The coordinating council may work with a technical assistance provider from the federal Department of Housing and Urban Development to complete the assessment.(C)For purposes of collecting data pursuant to paragraph (1), a local government may collaborate with the coordinating council or the entity conducting the statewide assessment to, if available, share existing data from existing local analyses of system needs or gaps to complement other data requested.(D)The coordinating council shall submit an interim report by July 1, 2022, to the Assembly Housing and Community Development Committee, the Assembly Committee on Budget, Senate Committee on Housing, and Senate Committee on Budget and Fiscal Review. The report submitted pursuant to this paragraph shall comply with Section 9795 of the Government Code.(E)The council shall report on the final assessment by December 31, 2022, to the Assembly Housing and Community Development Committee, the Assembly Committee on Budget, Senate Committee on Housing, and Senate Committee on Budget and Fiscal Review. The report submitted pursuant to this paragraph shall comply with Section 9795 of the Government Code.(b)(1)The Department of Housing and Community Development shall complete, or contract to complete, an assessment and financing plan to, in coordination with local jurisdictions, address unsheltered and chronic homelessness in the state over a 10-year period. The department shall report to the Legislature on the assessment and financing plan by December 31, 2027. The report submitted pursuant to this paragraph shall comply with Section 9795 of the Government Code.(2)The assessment shall identify all of the following:(A)The number of people experiencing unsheltered homelessness and the number of people expected to fall into unsheltered homelessness over the next 10 years, based on recent data on rates of Californians becoming unsheltered.(B)The unmet housing and services needs among the populations identified in subparagraph (A).(C)Evidence-based interventions required to meet the housing and services needs of the populations identified in subparagraph (A).(D)The funding required to offer evidence-based interventions at a scale great enough for populations identified in subparagraph (A) to exit homelessness over the 10-year period.(E)Of the funding identified as required in subparagraph (D), existing resources that could be used to meet the unmet housing and services needs of the populations identified in subparagraph (A), including estimates of local funding available to serve these populations. This can include the funding available for a spectrum of interventions, from interventions to keep people safe while homeless to evidence-based interventions to end homelessness, including, but not limited to, additional shelters and interim and permanent housing services solutions.(F)Remaining resources required to end homelessness among the populations identified in subparagraph (A), after taking into consideration existing funding described in subparagraph (E). This can include the funding necessary for a spectrum of interventions, from interventions to keep people safe while homeless to evidence-based practices to end homelessness, including, but not limited to, additional shelters and interim and permanent housing solutions.(G)The actions that state and local governments need to take in order to create the resources identified in subparagraph (F) and recommendations to the Legislature for how and when to accomplish those actions.(3)In conducting the assessment and financing plan, the department or contractor shall consult with individuals with lived experience of homelessness, affordable housing and homelessness experts and advocates, researchers and housing data experts, housing authority representatives, representatives of homeless continuums of care, representatives of cities and counties, representatives of Native American tribes, homeless services and housing providers, and participants on the Interagency Council on Homelessness State Funding and Programs Working Group, Racial Equity Working Group, and Youth and Young Adults Working Group. (c)For purposes of this section, all of the following definitions apply:(1)Chronic homelessness has the same definition as that in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2020.(2)State-funded institutional settings include, but are not limited to, justice, juvenile justice, child welfare, and health care settings.(3)Young adult means a person 18 to 24 years of age, inclusive.(4)Persons at risk of homelessness means a person or family in the circumstances described in Section 11302(a)(5) of Title 42 of the United States Code.(5)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.SEC. 3.The Legislature finds and declares that Section 1 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.
(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
(B)Emergency shelters shall only be subject to the following written, objective standards:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i)Vacant sites zoned for residential use.
(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the localitys ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.
(7)(A)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(B)For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also include an analysis of the housing needs of acutely and extremely low income households.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
(10)For a local government that does not receive funding pursuant to the Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216)) or the Regionally Coordinated Homelessness Housing, Assistance, and Prevention Program and (Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code), all of the following:
(A)An itemized list of the specific federal, state, and local resources available to assist individuals who are unhoused, including interim and permanent housing, and mental and behavioral health services.
(B)A description of the actions taken by the local government to connect individuals who are unhoused to the resources described in subparagraph (A).
(C)(i)Most up-to-date data on the population number of individuals who are unhoused, which shall include all of the following: unhoused.
(I)The number of individuals who are unhoused.(II)The average length of time individuals are unhoused.(III)The number and percentage of individuals who are unhoused that moved into permanent housing.(IV)The number of people who become unhoused after moving into permanent housing.(V)The number of people who became unhoused for the first time.(VI)The number of people who become unhoused after exiting institutional settings, including, but not limited to, jails, prisons, and hospitals.(ii)The data specified in clause (i) shall be disaggregated by age, racial, and ethnic demographics.(D)A description of key actions that will be taken to reduce the number of individuals who are unhoused based on the data points described in subparagraph (C).
(E)A description of key actions that will be taken to prevent individuals from becoming unhoused.
(E)(F)Actions taken to coordinate with cities in the region, counties or council of governments, and identification and analysis of the specific roles and responsibilities regarding outreach and site coordination, siting and use of available land, the development of shelter, interim, and permanent housing options, and the coordination and connection to the delivery of services to individuals who are unhoused, or at risk of becoming unhoused, including specifying roles and coordination plans in relation to the Mental Health Services Act or Behavioral Health Services Act, within the region. region and engagement in the regionally coordinated homelessness action plan required pursuant to the Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216) and Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code).
(F)Identify programs that prevent individuals from becoming unhoused and other actions taken to prevent vulnerable populations from becoming unhoused, such as current and former foster youth, veterans, persons exiting the judicial system, and persons with special housing needs.(G)Actions taken to reduce barriers and expedite the approval processes for approving interim and permanent housing options.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:
(i)For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(ii)For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(iii)Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
(I)The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days before the statutory deadline established in Section 65588 for adoption of the housing element.
(II)The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
(III)The local government adopts the draft element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)(A)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(B)For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
(3)Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in subdivision (a) of Section 66313.
(8)Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(9)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.
(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
(C)(i)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
(ii)The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
(D)(i)The department shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:
(I)Timelines for implementation.
(II)Responsible party or parties.
(III)Resources committed from the local budget to affirmatively further fair housing.
(IV)Action areas.
(V)Potential impacts of the program.
(ii)A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each subsequent revision of the housing element.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
SEC. 3.Article 3 (commencing with Section 50245) is added to Chapter 6.5 of Part 1 of Division 31 of the Health and Safety Code, to read:3.Round 7 of the Homeless Housing, Assistance, and Prevention Program50245.For the purposes of this article:(a)City means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters.(b)City-operated shelter means low barrier navigation centers, interim housing, safe parking sites, and safe camping sites that are owned or leased by a city and are operated by a city or by a nonprofit provider contracted by a city.(c)Low barrier navigation center means a low barrier navigation center, as defined in subdivision (a) of Section 65660 of the Government Code.50246.(a)Upon appropriation by the Legislature, Round 7 of the Homeless Housing, Assistance, and Prevention Program is hereby established.(b)The department shall administer all aspects of the program in accordance with this article.50247.(a)To be eligible for a Round 7 base program allocation, a jurisdiction that is not a tribe shall apply as part of a region and shall be signatory to a Round 7 regionally coordinated homelessness action plan that has been approved by the department.(b)The department shall approve a Round 7 regionally coordinated homelessness action plan when the department determines that the plan meets all of the requirements of this section.(c)The Round 7 regionally coordinated homelessness action plan shall include all of the following components:(1)For each city, an inventory of existing and planned city-operated shelters. The inventory must include the location, size, and capacity of each shelter.(2)The expected costs for city-operated shelters listed in paragraph (1).(A)Counties shall coordinate with cities to determine the expected costs.(B)Cities shall provide counties with estimates of the annual total cost to operate the shelters.(C)Beginning on January 1, 2026, the expected costs shall not exceed 125 percent of the most recent three-year average of the annual cost to operate the citys shelters.(3)(A)A commitment by counties to contribute 50 percent of the expected costs described in paragraph (2). The contribution may include the value of resources provided to city shelters, including any of the following:(i)Social services provided to clients of city shelters.(ii)Assistance with services, infrastructure, and capacity building under the Providing Access and Transforming Health (PATH) program pursuant to Section 14184.700 of the Welfare and Institutions Code. The value of the resource provided pursuant to this clause shall be incentive payments, grants, or other financial support made to cities pursuant to Section 14184.700 of the Welfare and Institutions Code as a result of the assistance.(iii)Staff and contractors provided to city-operated shelters. The value of the resource provided pursuant to this clause shall be the cost of providing staff and contractors.(B)The Legislature finds and declares that the purpose of this paragraph is to:(i)Ensure counties provide funding to offset one-half of cities costs to operate their facilities serving individuals who are unhoused.(ii)Permit the value of services counties provide to support the operation of city shelters to be applied toward the mandatory funding counties provide. These services may include staffing, assistance with billing Medi-Cal managed care organizations, and benefits programs, including CalWORKS and CalFresh, provided to clients of cities homeless-serving facilities.(d)The regionally coordinated homelessness action plan shall be reflected in a memorandum of understanding committing each signatory to participation in, and to comply with, the regionally coordinated homelessness action plan.50248.(a)(1)On or before the end of the 202526 fiscal year, a grantee shall submit to the department an update on their Round 7 regionally coordinated homelessness action plan activities, which shall include the contribution made pursuant paragraph (3) of subdivision (c) of Section 50247.(2)The department shall, within 30 days, review the update and report its findings to the participating grantee pursuant to this subdivision.(3)If the department finds that the grantee has adhered to the requirements of this article, or concludes that the grantee has addressed any shortcomings in the update, the department shall approve the update.(4)(A)If the department finds that a grantee failed to adhere to the requirements of this article, the department may require the participating jurisdictions in the region to make specific changes needed to meet the requirements of this article and may require the participating jurisdictions to provide a corrective action plan to the update to the regionally coordinated action plan to address these findings. Participating jurisdictions shall accomplish these changes or submit a corrective action plan, as applicable, within 30 days of being notified by the department.(B)The department shall have 30 days to review the changes or corrective action plan, as applicable, to determine if they addressed the departments concerns and approve the update, or to provide the grantee with additional guidance and a deadline for making changes or further amending the corrective action plan to address the departments concerns.(b)(1)A board of supervisors of a county may adopt a resolution determining that complying with paragraph (3) of subdivision (c) of Section 50247 is financially infeasible and the county has made attempts to obtain maximum funding available to the county.(2)If a board of supervisors adopt a resolution pursuant to paragraph (1), the department shall conduct a review of a countys financial documents to determine the contribution percentage that is financially feasible.(3)A county shall contribute the contribution percentage determined by the department pursuant to paragraph (2).(c)(1)On or before the end of the 202526 fiscal year, cities shall submit to the department the actual operating cost of city-operated shelters.(2)If the counties contribution exceed the contribution required by paragraph (3) of subdivision (c) of Section 50247, cities shall reimburse the counties the excess contribution.(d)The department may withhold 50 percent of the funds from a grantee until the department has approved the update to the grantees Round 7 regionally coordinated homelessness action plan.SEC. 4.Section 5963.02 of the Welfare and Institutions Code is amended to read:5963.02.(a)(1)Each county shall prepare and submit an integrated plan and annual updates to the Behavioral Health Services Oversight and Accountability Commission and the department.(2)All references to the three-year program and expenditure plan mean the integrated plan.(3)Each countys board of supervisors shall approve the integrated plan and annual updates by June 30 prior to the fiscal year or years the integrated plan or update would cover.(4)A county shall not use the integrated plan to demonstrate compliance with federal law, state law, or requirements imposed by the department related to programs listed in subdivision (c).(b)(1)Each section of the integrated plan and annual update listed in subdivision (c) shall be based on available funding or obligations under Section 30025 of the Government Code and corresponding contracts for the applicable fiscal years and in accordance with established stakeholder engagement and planning requirements as required in Section 5963.03.(2)A county shall consider relevant data sources, including local data, to guide addressing local needs, including the prevalence of mental health and substance use disorders, the unmet need for mental health and substance use disorder treatment in the county, behavioral health disparities, and the homelessness point-in-time count, in preparing each integrated plan and annual update, and should use the data to demonstrate how the plan appropriately allocates funding between mental health and substance use disorder treatment services.(3)A county shall consider the population needs assessment of each Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, that covers residents of the county in preparing each integrated plan and annual update.(4)A county shall consider the community health improvement plan of the local health jurisdiction for the county in preparing each integrated plan and annual update.(5)A county shall stratify data to identify behavioral health disparities and consider approaches to eliminate disparities, including, but not limited to, promising practices, models of care, community-defined evidence practices, workforce diversity, and cultural responsiveness in preparing each integrated plan and annual update.(6)A county shall report and consider the achievement of defined goals and outcomes measures of the prior integrated plan and annual update, in addition to other data and information as specified by the department pursuant to Section 5963.05, in preparing each integrated plan and annual update.(7)A county with a population greater than 200,000 shall collaborate with the five most populous cities in the county, managed care plans, and continuums of care to outline respective responsibilities and coordination of services related to housing interventions described in Section 5830.(8)A county shall consider input and feedback into the plan provided by stakeholders, including, but not limited to, those with lived behavioral health experience, including peers and families.(c)The integrated plan and annual updates shall include a section for each of the following:(1)(A)Community mental health services provided pursuant to Part 2 (commencing with Section 5600).(B)Programs and services funded from the Behavioral Health Services Fund pursuant to Section 5890, including a description of how the county meets the requirements of paragraph (7) of subdivision (b).(C)Programs and services funded by the Projects for Assistance in Transition from Homelessness grant pursuant to Sections 290cc-21 to 290cc-35, inclusive, of Title 42 of the United States Code.(D)Programs and services funded by the Community Mental Health Services Block Grant pursuant to Sections 300x to 300x-9, inclusive, of Title 42 of the United States Code.(E)Programs and services funded by the Substance Abuse Block Grant pursuant to Sections 300x-21 to 300x-35, inclusive, of Title 42 of the United States Code.(F)Programs and services provided pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 and Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9.(G)Programs and services provided pursuant to Article 3.2 (commencing with Section 14124.20) of Chapter 7 of Part 3 of Division 9.(H)Programs and services provided pursuant to Section 14184.401.(I)Programs and services funded by distributions from the Opioid Settlements Fund established pursuant to Section 12534 of the Government Code.(J)Services provided through other federal grants or other county mental health and substance use disorder programs.(K)Programs and services provided pursuant to paragraph (3) of subdivision (c) of Section 50247 of the Health and Safety Code.(2)A budget that includes the county planned expenditures and reserves for the county distributions from the Behavioral Health Service Fund and any other funds allocated to the county to provide the services and programs set forth in paragraph (1). The budget shall also include proposed adjustments pursuant to the requirements set forth in paragraph (c) of Section 5892.(3)(A)A description of how the integrated plan and annual update aligns with statewide behavioral health goals and outcome measures, including goals and outcome measures to reduce identified disparities, as defined by the department in consultation with counties, stakeholders, and the Behavioral Health Services and Oversight Accountability Commission, pursuant to Section 5963.05.(B)Outcome measures may include, but are not limited to, measures that demonstrate achievement of goals to reduce homelessness among those eligible for housing interventions pursuant to Section 5830 and measures that demonstrate reductions in the number of people who are justice-involved in the county and who are eligible adults or older adults, as defined in Section 5892, or eligible children and youth, as defined in Section 5892.(4)A description of how the integrated plan aligns with local goals and outcome measures for behavioral health, including goals and outcome measures to reduce identified disparities.(5)The programs and services specified in paragraph (1) shall include descriptions of efforts to reduce identified disparities in behavioral health outcomes.(6)A description of the data sources considered to meet the requirements specified in paragraph (2) of subdivision (b).(7)A description of how the county has considered the unique needs of LGBTQ+ youth, justice-involved youth, child welfare-involved, justice-involved adults, and older adults in the housing intervention program pursuant to Part 3.2 (commencing with Section 5830) and Full Service Partnership program pursuant to Part 4.1 (commencing with Section 5887).(8)A description of its workforce strategy, to include actions the county will take to ensure its county and noncounty contracted behavioral health workforce is well-supported and culturally and linguistically concordant with the population to be served, and robust enough to achieve the statewide and local behavioral health goals and measures. This description shall include how the county will do all of the following:(A)Maintain and monitor a network of appropriate, high-quality, culturally and linguistically concordant county and noncounty contracted providers, where applicable, that is sufficient to provide adequate access to services and supports for individuals with behavioral health needs.(B)Meet federal and state standards for timely access to care and services, considering the urgency of the need for services.(C)Ensure the health and welfare of the individual and support community integration of the individual.(D)Promote the delivery of services in a culturally competent manner to all individuals, including those with limited English proficiency and diverse cultural and ethnic backgrounds and disabilities, regardless of age, religion, sexual orientation, and gender identity.(E)Ensure physical access, reasonable accommodations, and accessible equipment for individuals with physical, intellectual and developmental, and mental disabilities.(F)Select and retain all contracted network providers, including ensuring all contracted providers meet minimum standards for license, certification, training, experience, and credentialing requirements.(G)Ensure that the contractors hiring practices meet applicable nondiscrimination standards and demonstrate best practices in promoting diversity and equity.(H)Adequately fund contracts to ensure that noncounty contracted providers are resourced to achieve the behavioral health goals outlined in their contract for the purposes of meeting statewide metrics.(I)Conduct oversight of compliance of all federal and state laws and regulations of all contracted network providers.(J)Fill county vacancies and retain county employees providing direct behavioral health services, if applicable.(9)A description of the system developed to transition a beneficiarys care between the beneficiarys mental health plan and their managed care plan based upon the beneficiarys health condition.(10)Certification by the county behavioral health director, that ensures that the county has complied with all pertinent regulations, laws, and statutes, including stakeholder participation requirements.(11)Certification by the county behavioral health director and by the county chief administration officer or their designee that the county has complied with fiscal accountability requirements, as directed by the department, and that all expenditures are consistent with applicable state and federal law.(d)The county shall submit its integrated plan and annual updates to the department and the commission in a form and manner prescribed by the department.(e)The department shall post on its internet website, in a timely manner, the integrated plan submitted by every county pursuant to this section.(f)This section shall become operative on July 1, 2026, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election.SEC. 2.Section 8257.1 of the Welfare and Institutions Code is amended to read:8257.1.(a)It is the intent of the Legislature to obtain trustworthy information to connect funding allocated to prevent and end homelessness with established sheltering and housing resources and to provide state agencies with accurate information to allow for more accurate forecasting to target future investments. To advance these goals, the coordinating council shall, upon appropriation by the Legislature, do all of the following:
(1)Conduct, or contract with an entity to conduct, a statewide homelessness assessment that will do all of the following:
(A)Identify all programs a state agency funds, implements, or administers for the purpose of providing unsheltered outreach services, emergency shelter, housing or housing-based services to persons experiencing homelessness or at risk of homelessness and do all of the following:
(i)Identify homelessness interventions and service categories available statewide and in geographically diverse regions across the state.
(ii)Compile the amount of funding distributed to local jurisdictions and its stated intent by the administering entity.
(iii)Identify the intended uses for the funds identified pursuant to clause (ii) by type of intervention as stated by local jurisdictions requesting funding made available for housing- or homelessness-related services.
(iv)Identify conditions or premise of the funds identified pursuant to clause (ii) as it relates to leveraging nonstate dollars.
(v)If applicable, reasons for the unavailability of data.
(B)Obtain the following information for each program identified in subparagraph (A) to the extent that data is available in local Homeless Management Information Systems (HMIS), the Homeless Data Integration System (HDIS) or other readily available data sources:
(i)The number of permanent housing units that the program made available.
(ii)The amount of rental subsides, vouchers, or other forms of financial support intended to prevent homelessness or to rehouse individuals that the program made available.
(iii)The number of emergency shelter beds, vouchers, or units that the program made available.
(iv)The wrap around services that the program offered.
(C)Collect data, to the extent data it is available, on the numbers and demographics of persons served through the identified services, including, but not limited to, a quantification of the disparities across age, race, ethnicity, and other demographics based on the following subpopulation categories to describe the homelessness population relative to the general population:
(i)Young adults.
(ii)Unaccompanied minors.
(iii)Single adults experiencing either chronic or nonchronic patterns of homelessness, of first-time homelessness.
(iv)Adults over 50 years of age.
(v)Veterans.
(vi)Families experiencing either chronic or nonchronic patterns of homelessness, or first-time homelessness.
(D)For each program identified pursuant to subparagraph (A) that provides housing or homelessness-related services, collect and analyze the following data:
(i)The number of persons served annually by service or intervention type by age, gender, and racial subgroupings.
(ii)Typical service mix use to develop portrait of the types of system clients to better understand the holistic needs of people experiencing homelessness and to forecast future uses and policies of resources intended to address homelessness.
(iii)The service, services, or service mixes that are associated with individuals exiting homelessness.
(iv)The duration and frequency individuals accessed services, on average, and the length of time from program intake to the date the individual moves into permanent housing or resolves homelessness.
(v)Each type of housing and each type of intervention provided disaggregated by age, racial, and gender characteristics of recipients.
(vi)The number of individuals whose homelessness was prevented after accessing homelessness prevention services
(vii)Information about the people who accessed the resources identified in subparagraph (B) and disaggregated by demographic characteristics described in subparagraph (C).
(viii)Analyze the results of current permanent and interim housing programs by program type.
(ix)Additional data necessary to provide a comprehensive view of the homelessness response system.
(E)Provide the reasons for lack of data availability, if applicable.
(2)(A)For purposes of collecting data to conduct the assessment pursuant to paragraph (1), evaluate available data, including, but not limited to, HDIS, data from state agencies administering homelessness funds, statewide and local homeless point-in-time counts and housing inventory counts, and available statewide information on the number or rate of persons exiting state-funded institutional settings, including, but not limited to, state prisons and, to the extent possible, local jails, into homelessness.
(B)The coordinating council may work with a technical assistance provider from the federal Department of Housing and Urban Development to complete the assessment.
(C)For purposes of collecting data pursuant to paragraph (1), a local government may collaborate with the coordinating council or the entity conducting the statewide assessment to, if available, share existing data from existing local analyses of system needs or gaps to complement other data requested.
(D)The coordinating council shall submit an interim report by July 1, 2022, to the Assembly Housing and Community Development Committee, the Assembly Committee on Budget, Senate Committee on Housing, and Senate Committee on Budget and Fiscal Review. The report submitted pursuant to this paragraph shall comply with Section 9795 of the Government Code.
(E)The council shall report on the final assessment by December 31, 2022, to the Assembly Housing and Community Development Committee, the Assembly Committee on Budget, Senate Committee on Housing, and Senate Committee on Budget and Fiscal Review. The report submitted pursuant to this paragraph shall comply with Section 9795 of the Government Code.
(b)(1)The Department of Housing and Community Development shall complete, or contract to complete, an assessment and financing plan to, in coordination with local jurisdictions, address unsheltered and chronic homelessness in the state over a 10-year period. The department shall report to the Legislature on the assessment and financing plan by December 31, 2027. The report submitted pursuant to this paragraph shall comply with Section 9795 of the Government Code.
(2)The assessment shall identify all of the following:
(A)The number of people experiencing unsheltered homelessness and the number of people expected to fall into unsheltered homelessness over the next 10 years, based on recent data on rates of Californians becoming unsheltered.
(B)The unmet housing and services needs among the populations identified in subparagraph (A).
(C)Evidence-based interventions required to meet the housing and services needs of the populations identified in subparagraph (A).
(D)The funding required to offer evidence-based interventions at a scale great enough for populations identified in subparagraph (A) to exit homelessness over the 10-year period.
(E)Of the funding identified as required in subparagraph (D), existing resources that could be used to meet the unmet housing and services needs of the populations identified in subparagraph (A), including estimates of local funding available to serve these populations. This can include the funding available for a spectrum of interventions, from interventions to keep people safe while homeless to evidence-based interventions to end homelessness, including, but not limited to, additional shelters and interim and permanent housing services solutions.
(F)Remaining resources required to end homelessness among the populations identified in subparagraph (A), after taking into consideration existing funding described in subparagraph (E). This can include the funding necessary for a spectrum of interventions, from interventions to keep people safe while homeless to evidence-based practices to end homelessness, including, but not limited to, additional shelters and interim and permanent housing solutions.
(G)The actions that state and local governments need to take in order to create the resources identified in subparagraph (F) and recommendations to the Legislature for how and when to accomplish those actions.
(3)In conducting the assessment and financing plan, the department or contractor shall consult with individuals with lived experience of homelessness, affordable housing and homelessness experts and advocates, researchers and housing data experts, housing authority representatives, representatives of homeless continuums of care, representatives of cities and counties, representatives of Native American tribes, homeless services and housing providers, and participants on the Interagency Council on Homelessness State Funding and Programs Working Group, Racial Equity Working Group, and Youth and Young Adults Working Group.
(b)(c)For purposes of this section, all of the following definitions apply:
(1)Chronic homelessness has the same definition as that in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2020.
(2)State-funded institutional settings include, but are not limited to, justice, juvenile justice, child welfare, and health care settings.
(3)Young adult means a person 18 to 24 years of age, inclusive.
(4)Persons at risk of homelessness means a person or family in the circumstances described in Section 11302(a)(5) of Title 42 of the United States Code.
(5)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.
SEC. 5.SEC. 3.The Legislature finds and declares that Section 2 1 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 1 of this act applies to all cities, including charter cities.
SEC. 6.SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)California has the largest number of residents who are unhoused, with over 123,000 people who are unhoused on a given night, which is almost 30 percent of the nations number, according to the United States Department of Housing and Urban Developments Annual Homelessness Assessment Report.
(2)The states crisis of individuals who are unhoused is the product of the states affordable housing shortage.
(3)Innovative, cost-effective models for interim housing, which provide noncongregate spaces for people to live and sleep in safety, have been implemented in jurisdictions across the state.
(4)These interim housing models are a scalable, timely solution to the population of individuals who are unhoused while the state builds sufficient permanent affordable housing to address the states affordable housing shortage.
(5)Californias counties manage and operate regional social service systems that deliver vital safety net programs and benefits to Californians in need.
(b)Therefore, it is the intent of the Legislature that this act promotes collaboration between cities and counties on the operation of facilities serving individuals who are unhoused and further integrates those facilities into regional social service systems.
SEC. 2.Section 65583 of the Government Code is amended to read:65583.The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.
(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
(B)Emergency shelters shall only be subject to the following written, objective standards:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i)Vacant sites zoned for residential use.
(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the localitys ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.
(7)(A)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(B)For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also include an analysis of the housing needs of acutely and extremely low income households.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
(10)For a local government that does not receive funding pursuant to the Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216)) or the Regionally Coordinated Homelessness Housing, Assistance, and Prevention Program (Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code), all of the following:
(A)An itemized list of the specific federal, state, and local resources available to assist individuals who are unhoused, including interim and permanent housing, and mental and behavioral health services.
(B)A description of the actions taken by the local government to connect individuals who are unhoused to the resources described in subparagraph (A).
(C)(i)Most up-to-date data on the population of individuals who are unhoused, which shall include all of the following:
(I)The number of individuals who are unhoused.
(II)The average length of time individuals are unhoused.
(III)The number and percentage of individuals who are unhoused that moved into permanent housing.
(IV)The number of people who become unhoused after moving into permanent housing.
(V)The number of people who became unhoused for the first time.
(VI)The number of people who become unhoused after exiting institutional settings, including, but not limited to, jails, prisons, and hospitals.
(ii)The data specified in clause (i) shall be disaggregated by age, racial, and ethnic demographics.
(D)A description of key actions that will be taken to reduce individuals who are unhoused based on the data points described in subparagraph (C).
(E)Actions taken to coordinate with cities in the region, counties or council of governments, and identification and analysis of the specific roles and responsibilities regarding outreach and site coordination, siting and use of available land, the development of shelter, interim, and permanent housing options, and the coordination and connection to the delivery of services to individuals who are unhoused, or at risk of becoming unhoused, including specifying roles and coordination plans in relation to the Mental Health Services Act or Behavioral Health Services Act, within the region.
(F)Identify programs that prevent individuals from becoming unhoused and other actions taken to prevent vulnerable populations from becoming unhoused, such as current and former foster youth, veterans, persons exiting the judicial system, and persons with special housing needs.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:
(i)For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(ii)For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(iii)Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
(I)The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days before the statutory deadline established in Section 65588 for adoption of the housing element.
(II)The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
(III)The local government adopts the draft element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)(A)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(B)For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
(3)Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in subdivision (a) of Section 66313.
(8)Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(9)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.
(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
(C)(i)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
(ii)The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
(D)(i)The department shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:
(I)Timelines for implementation.
(II)Responsible party or parties.
(III)Resources committed from the local budget to affirmatively further fair housing.
(IV)Action areas.
(V)Potential impacts of the program.
(ii)A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each subsequent revision of the housing element.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A)The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
SEC. 3.Article 3 (commencing with Section 50245) is added to Chapter 6.5 of Part 1 of Division 31 of the Health and Safety Code, to read:3.Round 7 of the Homeless Housing, Assistance, and Prevention Program50245.For the purposes of this article:
(a)City means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters.
(b)City-operated shelter means low barrier navigation centers, interim housing, safe parking sites, and safe camping sites that are owned or leased by a city and are operated by a city or by a nonprofit provider contracted by a city.
(c)Low barrier navigation center means a low barrier navigation center, as defined in subdivision (a) of Section 65660 of the Government Code.
50246.(a)Upon appropriation by the Legislature, Round 7 of the Homeless Housing, Assistance, and Prevention Program is hereby established.
(b)The department shall administer all aspects of the program in accordance with this article.
50247.(a)To be eligible for a Round 7 base program allocation, a jurisdiction that is not a tribe shall apply as part of a region and shall be signatory to a Round 7 regionally coordinated homelessness action plan that has been approved by the department.
(b)The department shall approve a Round 7 regionally coordinated homelessness action plan when the department determines that the plan meets all of the requirements of this section.
(c)The Round 7 regionally coordinated homelessness action plan shall include all of the following components:
(1)For each city, an inventory of existing and planned city-operated shelters. The inventory must include the location, size, and capacity of each shelter.
(2)The expected costs for city-operated shelters listed in paragraph (1).
(A)Counties shall coordinate with cities to determine the expected costs.
(B)Cities shall provide counties with estimates of the annual total cost to operate the shelters.
(C)Beginning on January 1, 2026, the expected costs shall not exceed 125 percent of the most recent three-year average of the annual cost to operate the citys shelters.
(3)(A)A commitment by counties to contribute 50 percent of the expected costs described in paragraph (2). The contribution may include the value of resources provided to city shelters, including any of the following:
(i)Social services provided to clients of city shelters.
(ii)Assistance with services, infrastructure, and capacity building under the Providing Access and Transforming Health (PATH) program pursuant to Section 14184.700 of the Welfare and Institutions Code. The value of the resource provided pursuant to this clause shall be incentive payments, grants, or other financial support made to cities pursuant to Section 14184.700 of the Welfare and Institutions Code as a result of the assistance.
(iii)Staff and contractors provided to city-operated shelters. The value of the resource provided pursuant to this clause shall be the cost of providing staff and contractors.
(B)The Legislature finds and declares that the purpose of this paragraph is to:
(i)Ensure counties provide funding to offset one-half of cities costs to operate their facilities serving individuals who are unhoused.
(ii)Permit the value of services counties provide to support the operation of city shelters to be applied toward the mandatory funding counties provide. These services may include staffing, assistance with billing Medi-Cal managed care organizations, and benefits programs, including CalWORKS and CalFresh, provided to clients of cities homeless-serving facilities.
(d)The regionally coordinated homelessness action plan shall be reflected in a memorandum of understanding committing each signatory to participation in, and to comply with, the regionally coordinated homelessness action plan.
50248.(a)(1)On or before the end of the 202526 fiscal year, a grantee shall submit to the department an update on their Round 7 regionally coordinated homelessness action plan activities, which shall include the contribution made pursuant paragraph (3) of subdivision (c) of Section 50247.
(2)The department shall, within 30 days, review the update and report its findings to the participating grantee pursuant to this subdivision.
(3)If the department finds that the grantee has adhered to the requirements of this article, or concludes that the grantee has addressed any shortcomings in the update, the department shall approve the update.
(4)(A)If the department finds that a grantee failed to adhere to the requirements of this article, the department may require the participating jurisdictions in the region to make specific changes needed to meet the requirements of this article and may require the participating jurisdictions to provide a corrective action plan to the update to the regionally coordinated action plan to address these findings. Participating jurisdictions shall accomplish these changes or submit a corrective action plan, as applicable, within 30 days of being notified by the department.
(B)The department shall have 30 days to review the changes or corrective action plan, as applicable, to determine if they addressed the departments concerns and approve the update, or to provide the grantee with additional guidance and a deadline for making changes or further amending the corrective action plan to address the departments concerns.
(b)(1)A board of supervisors of a county may adopt a resolution determining that complying with paragraph (3) of subdivision (c) of Section 50247 is financially infeasible and the county has made attempts to obtain maximum funding available to the county.
(2)If a board of supervisors adopt a resolution pursuant to paragraph (1), the department shall conduct a review of a countys financial documents to determine the contribution percentage that is financially feasible.
(3)A county shall contribute the contribution percentage determined by the department pursuant to paragraph (2).
(c)(1)On or before the end of the 202526 fiscal year, cities shall submit to the department the actual operating cost of city-operated shelters.
(2)If the counties contribution exceed the contribution required by paragraph (3) of subdivision (c) of Section 50247, cities shall reimburse the counties the excess contribution.
(d)The department may withhold 50 percent of the funds from a grantee until the department has approved the update to the grantees Round 7 regionally coordinated homelessness action plan.
SEC. 4.Section 5963.02 of the Welfare and Institutions Code is amended to read:5963.02.(a)(1)Each county shall prepare and submit an integrated plan and annual updates to the Behavioral Health Services Oversight and Accountability Commission and the department.
(2)All references to the three-year program and expenditure plan mean the integrated plan.
(3)Each countys board of supervisors shall approve the integrated plan and annual updates by June 30 prior to the fiscal year or years the integrated plan or update would cover.
(4)A county shall not use the integrated plan to demonstrate compliance with federal law, state law, or requirements imposed by the department related to programs listed in subdivision (c).
(b)(1)Each section of the integrated plan and annual update listed in subdivision (c) shall be based on available funding or obligations under Section 30025 of the Government Code and corresponding contracts for the applicable fiscal years and in accordance with established stakeholder engagement and planning requirements as required in Section 5963.03.
(2)A county shall consider relevant data sources, including local data, to guide addressing local needs, including the prevalence of mental health and substance use disorders, the unmet need for mental health and substance use disorder treatment in the county, behavioral health disparities, and the homelessness point-in-time count, in preparing each integrated plan and annual update, and should use the data to demonstrate how the plan appropriately allocates funding between mental health and substance use disorder treatment services.
(3)A county shall consider the population needs assessment of each Medi-Cal managed care plan, as defined in subdivision (j) of Section 14184.101, that covers residents of the county in preparing each integrated plan and annual update.
(4)A county shall consider the community health improvement plan of the local health jurisdiction for the county in preparing each integrated plan and annual update.
(5)A county shall stratify data to identify behavioral health disparities and consider approaches to eliminate disparities, including, but not limited to, promising practices, models of care, community-defined evidence practices, workforce diversity, and cultural responsiveness in preparing each integrated plan and annual update.
(6)A county shall report and consider the achievement of defined goals and outcomes measures of the prior integrated plan and annual update, in addition to other data and information as specified by the department pursuant to Section 5963.05, in preparing each integrated plan and annual update.
(7)A county with a population greater than 200,000 shall collaborate with the five most populous cities in the county, managed care plans, and continuums of care to outline respective responsibilities and coordination of services related to housing interventions described in Section 5830.
(8)A county shall consider input and feedback into the plan provided by stakeholders, including, but not limited to, those with lived behavioral health experience, including peers and families.
(c)The integrated plan and annual updates shall include a section for each of the following:
(1)(A)Community mental health services provided pursuant to Part 2 (commencing with Section 5600).
(B)Programs and services funded from the Behavioral Health Services Fund pursuant to Section 5890, including a description of how the county meets the requirements of paragraph (7) of subdivision (b).
(C)Programs and services funded by the Projects for Assistance in Transition from Homelessness grant pursuant to Sections 290cc-21 to 290cc-35, inclusive, of Title 42 of the United States Code.
(D)Programs and services funded by the Community Mental Health Services Block Grant pursuant to Sections 300x to 300x-9, inclusive, of Title 42 of the United States Code.
(E)Programs and services funded by the Substance Abuse Block Grant pursuant to Sections 300x-21 to 300x-35, inclusive, of Title 42 of the United States Code.
(F)Programs and services provided pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 and Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9.
(G)Programs and services provided pursuant to Article 3.2 (commencing with Section 14124.20) of Chapter 7 of Part 3 of Division 9.
(H)Programs and services provided pursuant to Section 14184.401.
(I)Programs and services funded by distributions from the Opioid Settlements Fund established pursuant to Section 12534 of the Government Code.
(J)Services provided through other federal grants or other county mental health and substance use disorder programs.
(K)Programs and services provided pursuant to paragraph (3) of subdivision (c) of Section 50247 of the Health and Safety Code.
(2)A budget that includes the county planned expenditures and reserves for the county distributions from the Behavioral Health Service Fund and any other funds allocated to the county to provide the services and programs set forth in paragraph (1). The budget shall also include proposed adjustments pursuant to the requirements set forth in paragraph (c) of Section 5892.
(3)(A)A description of how the integrated plan and annual update aligns with statewide behavioral health goals and outcome measures, including goals and outcome measures to reduce identified disparities, as defined by the department in consultation with counties, stakeholders, and the Behavioral Health Services and Oversight Accountability Commission, pursuant to Section 5963.05.
(B)Outcome measures may include, but are not limited to, measures that demonstrate achievement of goals to reduce homelessness among those eligible for housing interventions pursuant to Section 5830 and measures that demonstrate reductions in the number of people who are justice-involved in the county and who are eligible adults or older adults, as defined in Section 5892, or eligible children and youth, as defined in Section 5892.
(4)A description of how the integrated plan aligns with local goals and outcome measures for behavioral health, including goals and outcome measures to reduce identified disparities.
(5)The programs and services specified in paragraph (1) shall include descriptions of efforts to reduce identified disparities in behavioral health outcomes.
(6)A description of the data sources considered to meet the requirements specified in paragraph (2) of subdivision (b).
(7)A description of how the county has considered the unique needs of LGBTQ+ youth, justice-involved youth, child welfare-involved, justice-involved adults, and older adults in the housing intervention program pursuant to Part 3.2 (commencing with Section 5830) and Full Service Partnership program pursuant to Part 4.1 (commencing with Section 5887).
(8)A description of its workforce strategy, to include actions the county will take to ensure its county and noncounty contracted behavioral health workforce is well-supported and culturally and linguistically concordant with the population to be served, and robust enough to achieve the statewide and local behavioral health goals and measures. This description shall include how the county will do all of the following:
(A)Maintain and monitor a network of appropriate, high-quality, culturally and linguistically concordant county and noncounty contracted providers, where applicable, that is sufficient to provide adequate access to services and supports for individuals with behavioral health needs.
(B)Meet federal and state standards for timely access to care and services, considering the urgency of the need for services.
(C)Ensure the health and welfare of the individual and support community integration of the individual.
(D)Promote the delivery of services in a culturally competent manner to all individuals, including those with limited English proficiency and diverse cultural and ethnic backgrounds and disabilities, regardless of age, religion, sexual orientation, and gender identity.
(E)Ensure physical access, reasonable accommodations, and accessible equipment for individuals with physical, intellectual and developmental, and mental disabilities.
(F)Select and retain all contracted network providers, including ensuring all contracted providers meet minimum standards for license, certification, training, experience, and credentialing requirements.
(G)Ensure that the contractors hiring practices meet applicable nondiscrimination standards and demonstrate best practices in promoting diversity and equity.
(H)Adequately fund contracts to ensure that noncounty contracted providers are resourced to achieve the behavioral health goals outlined in their contract for the purposes of meeting statewide metrics.
(I)Conduct oversight of compliance of all federal and state laws and regulations of all contracted network providers.
(J)Fill county vacancies and retain county employees providing direct behavioral health services, if applicable.
(9)A description of the system developed to transition a beneficiarys care between the beneficiarys mental health plan and their managed care plan based upon the beneficiarys health condition.
(10)Certification by the county behavioral health director, that ensures that the county has complied with all pertinent regulations, laws, and statutes, including stakeholder participation requirements.
(11)Certification by the county behavioral health director and by the county chief administration officer or their designee that the county has complied with fiscal accountability requirements, as directed by the department, and that all expenditures are consistent with applicable state and federal law.
(d)The county shall submit its integrated plan and annual updates to the department and the commission in a form and manner prescribed by the department.
(e)The department shall post on its internet website, in a timely manner, the integrated plan submitted by every county pursuant to this section.
(f)This section shall become operative on July 1, 2026, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election.
SEC. 5.The Legislature finds and declares that Section 2 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.It is the intent of the Legislature to enact legislation to address homelessness.It is the intent of the Legislature to enact legislation to address homelessness.
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Date
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Status
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|---|---|
| Sep 18, 2026 | Chaptered by Secretary of State. Chapter 314, Statutes of 2026. |
| Sep 18, 2026 | Approved by the Governor. |
| Sep 9, 2026 | Enrolled and presented to the Governor at 2 p.m. |
| Aug 31, 2026 | Unanimous consent granted to take up without reference to file. |
| Aug 31, 2026 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2026 | Assembly amendments concurred in. (Ayes 30. Noes 1.) Ordered to engrossing and enrolling. |
| Aug 31, 2026 | Read third time. Passed. (Ayes 72. Noes 0. Page 7058.) Ordered to the Senate. |
| Aug 31, 2026 | Read third time. Passed. Ordered to the Senate. |
| Aug 28, 2026 | Read third time and amended. |
| Aug 28, 2026 | Ordered to third reading. |
| Aug 27, 2026 | Joint Rule 61(b)(16) suspended. (Ayes 58. Noes 1. Page 6727.) |
| Aug 27, 2026 | Joint Rule 61(b)(16) suspended. |
| Aug 17, 2026 | Read third time and amended. |
| Aug 17, 2026 | Ordered to third reading. |
| Aug 13, 2026 | Read second time. Ordered to third reading. |
| Aug 13, 2026 | From committee: Do pass. (Ayes 14. Noes 0.) (August 13). |
| Aug 13, 2026 | Assembly Rule 63 suspended. |
| Aug 5, 2026 | August 5 set for first hearing. Placed on suspense file. |
| Jul 1, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 30). Re-referred to Com. on APPR. |
| Jul 1, 2026 | Coauthors revised. |
| Jun 25, 2026 | Read second time and amended. Re-referred to Com. on JUD. |
| Jun 24, 2026 | From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 14. Noes 0.) (June 23). |
| Jun 15, 2026 | Re-referred to Coms. on HEALTH and JUD. pursuant to Assembly Rule 96. |
| Jun 11, 2026 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D. |
| Jul 10, 2025 | July 16 hearing postponed by committee. |
| Jul 2, 2025 | July 2 set for first hearing canceled at the request of author. |
| Jun 23, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D. |
| Jun 9, 2025 | Referred to Coms. on H. & C.D. and L. GOV. |
| Jun 4, 2025 | In Assembly. Read first time. Held at Desk. |
| Jun 3, 2025 | Read third time. Passed. (Ayes 29. Noes 2. Page 1441.) Ordered to the Assembly. |
| May 23, 2025 | Read second time. Ordered to third reading. |
| May 23, 2025 | From committee: Do pass. (Ayes 5. Noes 0. Page 1187.) (May 23). |
| May 16, 2025 | Set for hearing May 23. |
| May 12, 2025 | May 12 hearing: Placed on APPR. suspense file. |
| May 2, 2025 | Set for hearing May 12. |
| Apr 28, 2025 | Withdrawn from committee. |
| Apr 28, 2025 | Re-referred to Com. on APPR. |
| Apr 24, 2025 | Read second time and amended. Re-referred to Com. on HEALTH. |
| Apr 23, 2025 | From committee: Do pass as amended and re-refer to Com. on HEALTH. (Ayes 10. Noes 0. Page 831.) (April 22). |
| Apr 8, 2025 | Set for hearing April 30 in HEALTH pending receipt. |
| Apr 4, 2025 | Set for hearing April 22. |
| Apr 2, 2025 | Re-referred to Coms. on HOUSING and HEALTH. |
| Mar 25, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Jan 29, 2025 | Referred to Com. on RLS. |
| Dec 3, 2024 | From printer. May be acted upon on or after January 2. |
| Dec 2, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 31, 2026 | SB 16 Blakespear Senate Third Reading By Krell | Assembly Floor |
Passed |
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| Aug 31, 2026 | W/O REF. TO FILE SB16 Blakespear | Senate Floor |
Passed |
|
| Aug 13, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 30, 2026 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
|
| Jun 23, 2026 | Do pass as amended and be re-referred to the Committee on [Judiciary] | Assembly Standing Committee on Health |
Passed |
|
| Jun 3, 2025 | Senate 3rd Reading SB16 Blakespear | Senate Floor |
Passed |
|
| May 23, 2025 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 12, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Health] | Senate Standing Committee on Housing |
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
|
|---|---|---|
| Bay Area Council | ** Support | |
| California Chapter of the American College of Emergency Physicians | ** Support | |
| California State Association Of Counties | ** Against | |
| California State Association of Psychiatrists | ** Support | |
| California State Association of Public Administrators, Public Guardians and Public Conservators | ** Against | |
| California State Association of Public Administrators, Public Guardians and Public Conservators | ** Against | |
| California State Association of Public Administrators, Public Guardians and Public Conservators (CAPAPGPC) | ** Against | |
| California State Association Of Public Administrators, Public Guardians, And Public Conservators | ** Against | |
| City and County of San Francisco | ** Support | |
| City Of Del Mar | ** Against | |
| City Of Dinuba | ** Against | |
| City Of Garden Grove | ** Against | |
| City of La Palma | ** Against | |
| City Of Lake Forest | ** Against | |
| City of Los Alamitos | ** Against | |
| City Of Mission Viejo | ** Against | |
| City of Morro Bay | ** Against | |
| City of Oceanside | ** Against | |
| City Of Placentia | ** Against | |
| City Of San Diego | ** Support | |
| City of San Diego Mayor Todd Gloria | ** Support | |
| City of San Fernando | ** Against | |
| City of Stanton | ** Against | |
| City of Thousand Oaks | ** Against | |
| City of Tulare | ** Against | |
| City Of Villa Park | ** Against | |
| Contra Costa County | ** Against | |
| County Behavioral Health Directors Association | ** Against | |
| County Behavioral Health Directors Association | ** Against | |
| County Behavioral Health Directors Association of California | ** Against | |
| County of Fresno | ** Against | |
| County Of Kern | ** Against | |
| County Of Madera | ** Against | |
| County of Merced | ** Against | |
| County of Monterey | ** Against | |
| County of San Bernardino | ** Against | |
| County Of San Diego | ** Against | |
| County of Shasta | ** Against | |
| County of Sonoma | ** Against | |
| County of Sonoma Department of Health Services | ** Against | |
| County of Tulare | ** Against | |
| County Welfare Directors Association of California | ** Against | |
| Dignitymoves | ** Support | |
| League Of California Cities | ** Against | |
| Madera County Board of Supervisors | ** Against | |
| Monterey County Department of Social Services | ** Against | |
| New California Coalition | ** Support | |
| PAE Consulting Engineers | ** Support | |
| Rural County Representatives of California | ** Against | |
| Tmg Partners | ** Support | |
| Urban Counties of California | ** Against |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 16 |
UNFINISHED BUSINESS
Bill No: SB 16
Author: Blakespear (D), et al.
Amended: 8/28/26
Vote: 21
SENATE HOUSING COMMITTEE: 10-0, 4/22/25
AYES: Wahab, Arreguín, Cabaldon, Caballero, Cortese, Durazo, Gonzalez, Grayson, Ochoa Bogh, Padilla
NO VOTE RECORDED: Seyarto
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/23/25
AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab
NO VOTE RECORDED: Seyarto, Dahle
SENATE FLOOR: 29-2, 6/3/25
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Laird, Limón, McGuire, McNerney, Menjivar, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NOES: Jones, Strickland
NO VOTE RECORDED: Alvarado-Gil, Choi, Dahle, Grove, Hurtado, Niello, Reyes, Seyarto, Valladares
ASSEMBLY FLOOR: Passed, 8/31/26
SUBJECT: Mental health: involuntary commitment
SOURCE: California State Association of Psychiatrists
DIGEST:
This bill requires, instead of permits, a county behavioral health director to establish and implement procedures for designating and training persons to initiate involuntary detentions.
Assembly Amendments
delete the Senate provisions of this bill and add provisions related to a county behavioral health director’s ability to establish and implement procedures for designating and training persons to initiate voluntary detentions, specifically:
- Require, instead of permits, a county behavioral health director to establish and implement procedures;
- Specify that a passive monitoring and review process that responds to and investigates complaints and grievances satisfies the requirement in current law that counties include their process for monitoring and reviewing designated professionals; and,
- Prohibit provisions in this bill from being construed to limit county authority to establish criteria and procedures governing designation of professionals.
ANALYSIS:
Existing law:
- Establishes the Lanterman-Petris-Short (LPS) Act to end the inappropriate, indefinite, and involuntary commitment of persons with mental health (MH) disorders, developmental disabilities, and chronic alcoholism, as well as to safeguard a person’s rights, provide prompt evaluation and treatment, and provide services in the least restrictive setting appropriate to the needs of each person. Permits involuntary detention (detention/detain) of a person deemed, as a result of a mental health disorder, to be a danger to self or others, or “gravely disabled” by a peace officer; professional person in charge of a facility designated by the county for evaluation and treatment; a specified member of the attending staff of a facility designated by the county for evaluation and treatment; members of a mobile crisis team designated by the county; or, a professional person designated by the county. [Welfare and Institutions Code (WIC) §5000, et seq. and §5150(a)]
- Defines “gravely disabled,” for purposes of evaluating and treating an individual who has been detained or for placing an individual in conservatorship, as a condition in which a person, as a result of a MH disorder, a severe substance use disorder (SUD), or a co-occurring MH disorder and SUD (MH/SUD), is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care. [WIC §5008(h)]
- Permits a county behavioral health director to develop procedures for the designation and training of professionals who can initiate involuntary detentions of individuals for up to 72 hours for assessment, evaluation, and crisis intervention, or for evaluation and treatment in a facility designated by the county. [WIC §5121]
- Defines “designated facility,” “facility designated by the county for evaluation and treatment,” or “facility designated by the county to provide intensive treatment” as a facility (that is not a hospital or clinic) that meets designation requirements established by the Department of Health Care Services (DHCS), including, but not limited to:
- Psychiatric health facilities, psychiatric residential treatment facilities, and mental health rehabilitation centers licensed by DHCS;
- Provider sites certified by DHCS or a mental health plan to provide crisis stabilization;
- General acute care hospitals (GACHs), acute psychiatric hospitals (APHs), and chemical dependency recovery hospitals licensed by the California Department of Public Health; and,
- Hospitals operated by the U.S. Department of Veterans Affairs. [WIC §5008(n) and §5404]
- Indemnifies facilities providing treatment to individuals being detained; the superintendent of the facility; the professional person in charge of the facility and their designee; or the peace officer responsible for the detention of an individual for any action by an individual released at or before the end of the period for which they were admitted throughout the LPS continuum. [WIC §5113]
- Prohibits licensed GACHs or licensed APHs that are not county-designated facilities; licensed professional staff of those hospitals; or, any physician providing emergency medical services in those hospitals from being civilly or criminally liable for detaining a person who meets LPS involuntary detention criteria for more than eight hours but less than 24 hours when specified conditions are met. [Health and Safety Code (HSC) §1799.111(a)]
This bill:
- Requires, instead of permits, a county behavioral health director to establish and implement procedures for designating and training persons to initiate detentions.
- Specifies that a county’s passive monitoring and review process that responds to and investigates complaints and grievances satisfies the requirement in current law that counties include their process for monitoring and reviewing designated professionals.
- Prohibits this bill from being construed to limit the authority of a county to establish criteria and procedures governing designation, provided those criteria and procedures are consistent with all the provisions in law concerning the designation of persons.
Background
According to the author of this bill:
California has invested significant resources in mobile crisis teams and other alternatives to law enforcement to improve emergency response to behavioral health crises. But these efforts depend on clinicians who are authorized to initiate involuntary detentions when necessary. Although current law allows counties to establish procedures to designate professionals, it does not require them to do so. As a result, qualified clinicians in many counties face unclear or unavailable pathways to receive authority to detain individuals, leaving crisis response teams dependent on law enforcement. This bill addresses this gap by requiring every county to establish clear procedures governing eligibility, training, and oversight. By requiring clear pathways while preserving county authority to set standards, this bill will help build the clinical workforce needed to provide individuals experiencing behavioral health emergencies with timely, appropriate care.
LPS Act detentions and those authorized to initiate. The LPS Act provides for detentions of varying lengths of time for the purpose of assessment, evaluation, and treatment, provided certain requirements are met, such as an individual being taken to a county-designated facility. Typically, one first interacts with the LPS Act through a detention initiated by a peace officer or other person authorized and trained through each county’s designation process—if a county has opted to develop procedures for their designation process, as current law is permissive. According to information provided by the sponsors of this bill, of the state’s 58 counties: 27 counties have policies and procedures that list disciplines eligible for designation; 16 counties have policies and procedures, but do not identify the discipline or professional experience required to be designated; three counties have not developed designation procedures; and, 12 counties did not respond to their inquiry.
Current law permits designation procedures to include such things as: specifying the license types, practice disciplines, and clinical experience of professionals eligible to be designated; the initial and ongoing training and testing requirements for eligible professionals; the application and approval processes, including the timeframe for initial designation and procedures for renewal; and, the county’s process for monitoring and reviewing professionals to ensure appropriate compliance with state law, regulations, and county procedures. If the designated person determines an individual cannot be properly served without being detained, they must submit to the treating designated facility in writing the circumstances under which the individual’s condition was called to their attention and state that they have probable cause to believe the individual meets criteria for detention. The professional person in charge of the county-designated facility is required to assess an individual to determine the appropriateness of the detention prior to admitting the individual. If the designated facility admits the individual for further evaluation, the individual can be detained for up to 72 hours for evaluation and treatment.
Subject to various conditions, an individual can subsequently be detained for an initial up-to 14 days for intensive treatment, an additional up-to 14 days (or an additional up-to 30 days in counties that have opted to provide this additional up-to 30-day intensive treatment episode), and ultimately a conservatorship, which is typically for up to a year and may be extended. Throughout this process, existing law requires specified entities to notify family members or others identified by the detained individual of various hearings, where it is determined whether a person will be further detained or released, unless the detained person requests that this information is not provided. Additionally, a person cannot be found to be gravely disabled if they can survive safely without detention, with the help of responsible family, friends, or others who indicate they are both willing and able to help. A person can also be released prior to the end of intensive treatment if they are found to no longer meet the criteria or are prepared to accept treatment voluntarily.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, this bill results in costs of an unknown amount likely hundreds of thousands of dollars annually, to county behavioral health agencies, to develop procedures related to designation. Additional cost pressures, potentially high hundreds of thousands of dollars or more, annually, for counties to comply with new obligations to manage notifications of denials and revocations of designation and to conduct training, oversight, and management of newly designated persons to the extent the counties implement the newly developed procedures. The County Behavioral Health Directors Association (CBHDA) and the California State Association of Public Administrators, Public Guardians, and Public Conservators (CAPAPGPC) jointly estimate costs of this bill to counties would total $1 million to $2.7 million upon implementation and up to $2.4 million annually thereafter (local funds). Although this bill indicates costs may be state-reimbursable, CBHDA and CAPAPGPC state the bill creates an unfunded mandate.
SUPPORT: (Verified 8/28/26)
California State Association of Psychiatrists (source)
California Chapter of the American College of Emergency Physicians
City of San Diego Mayor Todd Gloria
OPPOSITION: (Verified 8/28/26)
California State Association of Counties
California State Association of Public Administrators, Public Guardians, and
Public Conservators
County Behavioral Health Directors Association of California
Rural County Representatives of California
Urban Counties of California
ARGUMENTS IN SUPPORT: The California State Association of Psychiatrists (CSAP), as the source, states that this bill advances California’s efforts to ensure behavioral health crises receive a clinical response whenever possible rather than defaulting to a law enforcement response. CSAP argues that counties may designate qualified professionals, but procedures vary significantly across the state, and some counties lack clear standards altogether. Many counties do not publicly identify which practice disciplines are eligible for designation, and the absence of clear county procedures can leave law enforcement as the default responder for individuals experiencing behavioral health crises, contrary to California's investment in clinically based crisis response systems. CSAP says this bill promotes greater consistency, transparency, and accountability across California. San Diego Mayor Todd Gloria echoes these arguments. The California Chapter of the American College of Emergency Physicians states that requiring counties to develop procedures for designating and training professionals to detain individuals is critically important to decriminalize the MH system and to improve response time for needed treatment, as they treat patients every day who wait for hours and sometimes days.
ARGUMENTS IN OPPOSITION: CBHDA, CAPAPGPC, the California State Association of Counties, the Rural County Representatives of California, and the Urban Counties of California oppose as a coalition based on the August 17 amendments, which they argue substantially change the nature of this bill and significantly increase state and county costs. The coalition’s concerns are that this bill:
- Creates ambiguity about whether counties retain their discretion on who they designate, contradicting Assembly Health Committee amendments, which were removed on the Assembly floor;
- Triggers a new state mandate, as counties do not currently receive dedicated funding resources for LPS-related activities, by shifting how counties designate individuals from permissive to mandatory. Per August 17 amendments, counties estimate that costs would increase significantly due to increased oversight, administration, and reporting burdens. (Counites estimated that the prior version of the bill would cost the state $1 million to $2.7 million, and $2.4 million annually thereafter; and,
- Increases law enforcement involvement in mental health crisis response, as any time an individual is detained outside of a treatment facility, it is highly likely that a clinician will rely on law enforcement to detain and transport an individual to a designated treatment facility. It may also increase the justice system’s involvement as individuals who are placed on holds are likely to be charged with assaulting officers when resisting detention.
Prepared by: Reyes Diaz / HEALTH / (916) 651-4111
8/31/26 22:03:39
**** END ****
SENATE THIRD READING
STR Bill Id:SB 16
Author:(Blakespear)
As Amended Ver:August 28, 2026
Majority vote
SUMMARY
Requires, rather than permits, a county behavioral health director to develop and implement procedures for the county's designation and training of professionals who will be designated to cause an individual to be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services (DHCS) for up to 72 hours for evaluation and treatment. States that counties are not limited in the criteria and procedures they establish governing designation provided they are consistent with existing law. Specifies that a passive monitoring and review process that responds to and investigates complaints, to the extent deemed appropriate by a county, satisfies the requirement that a county develop and implement a process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
Major Provisions
COMMENTS
Lanterman-Petris-Short (LPS) Act involuntary detentions. The LPS Act provides for involuntary detentions for varying lengths of time for the purpose of evaluation and treatment, provided certain requirements are met, such as that an individual is taken to a county-designated facility. Typically, one first interacts with the LPS Act through a "5150" hold initiated by a peace officer or other person authorized by a county, who must determine and document that the individual meets the standard for a hold. A county-designated facility is authorized to then involuntarily detain an individual for up to 72 hours for evaluation and treatment if they are determined to be, as a result of a mental health disorder, a danger to self or others, or gravely disabled. The professional person in charge of the county-designated facility is required to assess an individual to determine the appropriateness of the involuntary detention prior to admitting the individual. Subject to various conditions, a person who is found to be a danger to self or others, or gravely disabled, can be subsequently involuntarily detained for an initial period of intensive treatment up to 14 days, an additional period of 14 days (or up to an additional 30 days in counties that have opted to provide this additional up-to 30-day intensive treatment episode), and ultimately a conservatorship, which is typically for up to a year and may be extended as appropriate. A person can also be released prior to the end of intensive treatment if they are found to no longer meet the criteria or are prepared to accept treatment voluntarily.
Throughout this process, existing law requires specified entities to notify family members or others identified by the detained individual of various hearings, where it is determined whether a person will be further detained or released, unless the detained person requests that this information is not provided. Additionally, a person cannot be found to be gravely disabled if they can survive safely without involuntary detention with the help of responsible family, friends, or others who indicate they are both willing and able to help.
County-designated facilities vs. non-designated facilities (NDFs). Individual counties are responsible for determining whether General Acute Care Hospitals (GACHs), Psychiatric Health Facilities, Acute Psychiatric Hospitals, and other licensed facilities qualify to be designated facilities for evaluating and treating individuals placed in involuntary detentions. DHCS is responsible for the approval of designated facilities as determined by the counties. Counties generally have the discretion to implement how facilities are designated, but facilities are required to uphold proper care of the patient and a patient's civil rights throughout the process of detention. The intent of the LPS Act is for authorized individuals to take those whom have been placed on a 5150 hold to a designated facility, but if one does not exist, or a person is suffering another condition that requires immediate emergency medical services, the person is transported to the nearest facility, which is often an emergency department that is in a NDF.
NDFs are permitted to involuntarily detain an individual for eight to 24 hours for evaluation and treatment if they meet the criteria under the LPS Act, until the individual is either safely released or transferred to a designated facility.
According to the Author
California is investing heavily in mobile crisis teams and other alternatives to law enforcement response for people experiencing behavioral health crises, but these efforts depend on the availability of qualified clinicians who are authorized to perform functions under Welfare and Institutions Code Section 5150. Although current law allows counties to establish designation and training procedures for these professionals, it does not require them to do so. As a result, designation processes vary significantly across the state and may create unnecessary barriers for qualified clinicians. The author argues this bill is a workforce and accountability measure that requires counties to maintain transparent procedures for designation, training, and oversight while preserving local control and existing patient protections.
Arguments in Support
The California State Association of Psychiatrists (CSAP) supports this bill stating that county procedures governing designation and training vary significantly across the state, and some counties lack clear standards altogether. Many counties do not publicly identify which practice disciplines are eligible for 5150 designation or the qualifications required to exercise this authority. CSAP argues that, in practice, the absence of clear county procedures can leave law enforcement as the default responder for individuals experiencing behavioral health crises, contrary to California's investment in clinically based crisis response systems. CSAP concludes that by promoting statewide consistency and strengthening clinically based crisis response systems, this bill helps ensure that Californians experiencing psychiatric emergencies receive timely evaluations from appropriately trained professionals.
Arguments in Opposition
The County Behavioral Health Directors Association, the California State Association of Public Administrators, Public Guardians and Public Conservators, the Urban Counties of California, the California State Association of Counties, and the Rural County Representatives of California oppose this bill. The coalition states that under current law, counties have discretion about whether and who to designate to place and release an involuntary hold under Welfare and Institutions Code Section 5150. This discretion is critical to save lives, protect the public, and to prevent abuse of the powers afforded under LPS with immunity. They argue that, as amended, this bill creates ambiguity about whether counties retain this discretion. They also contend that counties do not currently receive dedicated funding resources for LPS-related activities due to the discretionary nature of the statute overall. The coalition states that this bill would change that precedent by shifting how counties designate individuals to a mandatory one, thereby triggering a new state mandate. Finally, they conclude that, though this bill’s impact has been framed as an effort to reduce law enforcement involvement in the 5150 process by expanding the numbers and types of individuals who may place an LPS hold, this bill will actually increase law enforcement involvement in behavioral health crisis.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, costs of an unknown amount, likely hundreds of thousands of dollars annually, to county behavioral health agencies, to develop procedures related to Section 5150 designations. Additional cost pressures, potentially high hundreds of thousands of dollars or more, annually, for counties to comply with new obligations to manage notifications of denials and revocations of 5150 designations and to conduct training, oversight, and management of new designations, to the extent the counties implement the newly developed procedures. CBHDA and CAPAPGPC jointly estimate costs of this bill to counties would total $1.0 million to $2.7 million upon implementation and up to $2.4 million annually thereafter (local funds). Although this bill indicates costs may be state-reimbursable, CBHDA and CAPAPGPC state the bill creates an unfunded mandate.
VOTES
SENATE FLOOR: 29-2-9
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Laird, Limón, McGuire, McNerney, Menjivar, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NO: Jones, Strickland
ABS, ABST OR NV: Alvarado-Gil, Choi, Dahle, Grove, Hurtado, Niello, Reyes, Seyarto, Valladares
ASM HEALTH: 14-0-2
YES: Bonta, Sanchez, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Jeff Gonzalez, Mark González, Patel, Patterson, Celeste Rodriguez, Schiavo, Stefani
ABS, ABST OR NV: Johnson, Sharp-Collins
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Solache, Ta, Tangipa
ABS, ABST OR NV: Sharp-Collins
UPDATED
VERSION: August 28, 2026
CONSULTANT: Logan Hess / HEALTH / (916) 319-2097 FN: 0004426
SENATE THIRD READING
STR Bill Id:SB 16
Author:(Blakespear)
As Amended Ver:August 28, 2026
Majority vote
SUMMARY
Requires, rather than permits, a county behavioral health director to develop and implement procedures for the county's designation and training of professionals who will be designated to cause an individual to be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services (DHCS) for up to 72 hours for evaluation and treatment. States that counties are not limited in the criteria and procedures they establish governing designation provided they are consistent with existing law. Specifies that a passive monitoring and review process that responds to and investigates complaints, to the extent deemed appropriate by a county, satisfies the requirement that a county develop and implement a process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
Major Provisions
COMMENTS
Lanterman-Petris-Short (LPS) Act involuntary detentions. The LPS Act provides for involuntary detentions for varying lengths of time for the purpose of evaluation and treatment, provided certain requirements are met, such as that an individual is taken to a county-designated facility. Typically, one first interacts with the LPS Act through a "5150" hold initiated by a peace officer or other person authorized by a county, who must determine and document that the individual meets the standard for a hold. A county-designated facility is authorized to then involuntarily detain an individual for up to 72 hours for evaluation and treatment if they are determined to be, as a result of a mental health disorder, a danger to self or others, or gravely disabled. The professional person in charge of the county-designated facility is required to assess an individual to determine the appropriateness of the involuntary detention prior to admitting the individual. Subject to various conditions, a person who is found to be a danger to self or others, or gravely disabled, can be subsequently involuntarily detained for an initial period of intensive treatment up to 14 days, an additional period of 14 days (or up to an additional 30 days in counties that have opted to provide this additional up-to 30-day intensive treatment episode), and ultimately a conservatorship, which is typically for up to a year and may be extended as appropriate. A person can also be released prior to the end of intensive treatment if they are found to no longer meet the criteria or are prepared to accept treatment voluntarily.
Throughout this process, existing law requires specified entities to notify family members or others identified by the detained individual of various hearings, where it is determined whether a person will be further detained or released, unless the detained person requests that this information is not provided. Additionally, a person cannot be found to be gravely disabled if they can survive safely without involuntary detention with the help of responsible family, friends, or others who indicate they are both willing and able to help.
County-designated facilities vs. non-designated facilities (NDFs). Individual counties are responsible for determining whether General Acute Care Hospitals (GACHs), Psychiatric Health Facilities, Acute Psychiatric Hospitals, and other licensed facilities qualify to be designated facilities for evaluating and treating individuals placed in involuntary detentions. DHCS is responsible for the approval of designated facilities as determined by the counties. Counties generally have the discretion to implement how facilities are designated, but facilities are required to uphold proper care of the patient and a patient's civil rights throughout the process of detention. The intent of the LPS Act is for authorized individuals to take those whom have been placed on a 5150 hold to a designated facility, but if one does not exist, or a person is suffering another condition that requires immediate emergency medical services, the person is transported to the nearest facility, which is often an emergency department that is in a NDF.
NDFs are permitted to involuntarily detain an individual for eight to 24 hours for evaluation and treatment if they meet the criteria under the LPS Act, until the individual is either safely released or transferred to a designated facility.
According to the Author
California is investing heavily in mobile crisis teams and other alternatives to law enforcement response for people experiencing behavioral health crises, but these efforts depend on the availability of qualified clinicians who are authorized to perform functions under Welfare and Institutions Code Section 5150. Although current law allows counties to establish designation and training procedures for these professionals, it does not require them to do so. As a result, designation processes vary significantly across the state and may create unnecessary barriers for qualified clinicians. The author argues this bill is a workforce and accountability measure that requires counties to maintain transparent procedures for designation, training, and oversight while preserving local control and existing patient protections.
Arguments in Support
The California State Association of Psychiatrists (CSAP) supports this bill stating that county procedures governing designation and training vary significantly across the state, and some counties lack clear standards altogether. Many counties do not publicly identify which practice disciplines are eligible for 5150 designation or the qualifications required to exercise this authority. CSAP argues that, in practice, the absence of clear county procedures can leave law enforcement as the default responder for individuals experiencing behavioral health crises, contrary to California's investment in clinically based crisis response systems. CSAP concludes that by promoting statewide consistency and strengthening clinically based crisis response systems, this bill helps ensure that Californians experiencing psychiatric emergencies receive timely evaluations from appropriately trained professionals.
Arguments in Opposition
The County Behavioral Health Directors Association, the California State Association of Public Administrators, Public Guardians and Public Conservators, the Urban Counties of California, the California State Association of Counties, and the Rural County Representatives of California oppose this bill. The coalition states that under current law, counties have discretion about whether and who to designate to place and release an involuntary hold under Welfare and Institutions Code Section 5150. This discretion is critical to save lives, protect the public, and to prevent abuse of the powers afforded under LPS with immunity. They argue that, as amended, this bill creates ambiguity about whether counties retain this discretion. They also contend that counties do not currently receive dedicated funding resources for LPS-related activities due to the discretionary nature of the statute overall. The coalition states that this bill would change that precedent by shifting how counties designate individuals to a mandatory one, thereby triggering a new state mandate. Finally, they conclude that, though this bill’s impact has been framed as an effort to reduce law enforcement involvement in the 5150 process by expanding the numbers and types of individuals who may place an LPS hold, this bill will actually increase law enforcement involvement in behavioral health crisis.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, costs of an unknown amount, likely hundreds of thousands of dollars annually, to county behavioral health agencies, to develop procedures related to Section 5150 designations. Additional cost pressures, potentially high hundreds of thousands of dollars or more, annually, for counties to comply with new obligations to manage notifications of denials and revocations of 5150 designations and to conduct training, oversight, and management of new designations, to the extent the counties implement the newly developed procedures. CBHDA and CAPAPGPC jointly estimate costs of this bill to counties would total $1.0 million to $2.7 million upon implementation and up to $2.4 million annually thereafter (local funds). Although this bill indicates costs may be state-reimbursable, CBHDA and CAPAPGPC state the bill creates an unfunded mandate.
VOTES
SENATE FLOOR: 29-2-9
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Laird, Limón, McGuire, McNerney, Menjivar, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NO: Jones, Strickland
ABS, ABST OR NV: Alvarado-Gil, Choi, Dahle, Grove, Hurtado, Niello, Reyes, Seyarto, Valladares
ASM HEALTH: 14-0-2
YES: Bonta, Sanchez, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Jeff Gonzalez, Mark González, Patel, Patterson, Celeste Rodriguez, Schiavo, Stefani
ABS, ABST OR NV: Johnson, Sharp-Collins
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Solache, Ta, Tangipa
ABS, ABST OR NV: Sharp-Collins
UPDATED
VERSION: August 28, 2026
CONSULTANT: Logan Hess / HEALTH / (916) 319-2097 FN: 0004426
SENATE THIRD READING
STR Bill Id:SB 16
Author:(Blakespear)
As Amended Ver:August 17, 2026
Majority vote
SUMMARY
Requires, rather than permits, a county behavioral health director to develop and implement procedures for the county's designation and training of professionals who will be designated to cause an individual to be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services (DHCS) for up to 72 hours for evaluation and treatment. States that counties are not limited in the criteria and procedures they establish governing designation provided they are consistent with existing law.
Major Provisions
COMMENTS
Lanterman-Petris-Short (LPS) Act involuntary detentions. The LPS Act provides for involuntary detentions for varying lengths of time for the purpose of evaluation and treatment, provided certain requirements are met, such as that an individual is taken to a county-designated facility. Typically, one first interacts with the LPS Act through a "5150" hold initiated by a peace officer or other person authorized by a county, who must determine and document that the individual meets the standard for a hold. A county-designated facility is authorized to then involuntarily detain an individual for up to 72 hours for evaluation and treatment if they are determined to be, as a result of a mental health disorder, a danger to self or others, or gravely disabled. The professional person in charge of the county-designated facility is required to assess an individual to determine the appropriateness of the involuntary detention prior to admitting the individual. Subject to various conditions, a person who is found to be a danger to self or others, or gravely disabled, can be subsequently involuntarily detained for an initial period of intensive treatment up to 14 days, an additional period of 14 days (or up to an additional 30 days in counties that have opted to provide this additional up-to 30-day intensive treatment episode), and ultimately a conservatorship, which is typically for up to a year and may be extended as appropriate. A person can also be released prior to the end of intensive treatment if they are found to no longer meet the criteria or are prepared to accept treatment voluntarily.
Throughout this process, existing law requires specified entities to notify family members or others identified by the detained individual of various hearings, where it is determined whether a person will be further detained or released, unless the detained person requests that this information is not provided. Additionally, a person cannot be found to be gravely disabled if they can survive safely without involuntary detention with the help of responsible family, friends, or others who indicate they are both willing and able to help.
County-designated facilities vs. non-designated facilities (NDFs). Individual counties are responsible for determining whether General Acute Care Hospitals (GACHs), Psychiatric Health Facilities, Acute Psychiatric Hospitals, and other licensed facilities qualify to be designated facilities for evaluating and treating individuals placed in involuntary detentions. DHCS is responsible for the approval of designated facilities as determined by the counties. Counties generally have the discretion to implement how facilities are designated, but facilities are required to uphold proper care of the patient and a patient's civil rights throughout the process of detention. The intent of the LPS Act is for authorized individuals to take those whom have been placed on a 5150 hold to a designated facility, but if one does not exist, or a person is suffering another condition that requires immediate emergency medical services, the person is transported to the nearest facility, which is often an emergency department that is in a NDF.
NDFs are permitted to involuntarily detain an individual for eight to 24 hours for evaluation and treatment if they meet the criteria under the LPS Act, until the individual is either safely released or transferred to a designated facility.
According to the Author
California is investing heavily in mobile crisis teams and other alternatives to law enforcement response for people experiencing behavioral health crises, but these efforts depend on the availability of qualified clinicians who are authorized to perform functions under Welfare and Institutions Code Section 5150. Although current law allows counties to establish designation and training procedures for these professionals, it does not require them to do so. As a result, designation processes vary significantly across the state and may create unnecessary barriers for qualified clinicians. The author argues this bill is a workforce and accountability measure that requires counties to maintain transparent procedures for designation, training, and oversight while preserving local control and existing patient protections.
Arguments in Support
The California State Association of Psychiatrists (CSAP) supports this bill stating that county procedures governing designation and training vary significantly across the state, and some counties lack clear standards altogether. Many counties do not publicly identify which practice disciplines are eligible for 5150 designation or the qualifications required to exercise this authority. CSAP argues that, in practice, the absence of clear county procedures can leave law enforcement as the default responder for individuals experiencing behavioral health crises, contrary to California's investment in clinically based crisis response systems. CSAP concludes that by promoting statewide consistency and strengthening clinically based crisis response systems, this bill helps ensure that Californians experiencing psychiatric emergencies receive timely evaluations from appropriately trained professionals.
Arguments in Opposition
The County Behavioral Health Directors Association (CBHDA) and the California State Association of Public Administrators, Public Guardians and Public Conservators (CAPAPGPC) oppose this bill, stating that it will create a new requirement for counties to develop designation and training procedures, which are today optional in statute. Counties currently have local discretion due to the optional nature of these activities in statute. While counties understand the desire to ensure greater consistency around LPS implementation, without the dedicated resources, this bill would create a new unfunded mandate at a time when local and state resources are strained. CBHDA and CAPAPGPC are also concerned that by establishing this section of law as a new requirement, it may create ambiguities related to who could be designated. They argue that counties must continue to retain discretion over which individuals and facilities are designed to involuntarily detain individuals.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, costs of an unknown amount, likely hundreds of thousands of dollars annually, to county behavioral health agencies, to develop procedures related to Section 5150 designations. Additional cost pressures, potentially high hundreds of thousands of dollars or more, annually, for counties to comply with new obligations to manage notifications of denials and revocations of 5150 designations and to conduct training, oversight, and management of new designations, to the extent the counties implement the newly developed procedures. CBHDA and CAPAPGPC jointly estimate costs of this bill to counties would total $1.0 million to $2.7 million upon implementation and up to $2.4 million annually thereafter (local funds). Although this bill indicates costs may be state-reimbursable, CBHDA and CAPAPGPC state the bill creates an unfunded mandate.
VOTES
SENATE FLOOR: 29-2-9
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Laird, Limón, McGuire, McNerney, Menjivar, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Smallwood-Cuevas, Stern, Umberg, Wahab, Weber Pierson, Wiener
NO: Jones, Strickland
ABS, ABST OR NV: Alvarado-Gil, Choi, Dahle, Grove, Hurtado, Niello, Reyes, Seyarto, Valladares
ASM HEALTH: 14-0-2
YES: Bonta, Sanchez, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Jeff Gonzalez, Mark González, Patel, Patterson, Celeste Rodriguez, Schiavo, Stefani
ABS, ABST OR NV: Johnson, Sharp-Collins
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Solache, Ta, Tangipa
ABS, ABST OR NV: Sharp-Collins
UPDATED
VERSION: August 17, 2026
CONSULTANT: Logan Hess / HEALTH / (916) 319-2097 FN: 0003733
SENATE THIRD READING
STR Bill Id:SB 16
Author:(Blakespear)
As Amended Ver:June 25, 2026
Majority vote
SUMMARY
Requires, rather than permits, a county behavioral health director to develop and implement procedures for the county's designation and training of professionals who will be designated to cause an individual to be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services (DHCS) for up to 72 hours for evaluation and treatment. Specifies that a county behavioral health director is not required to designate each individual that meets the requirements specified by the county.
Major Provisions
COMMENTS
Lanterman-Petris-Short (LPS) Act involuntary detentions. The LPS Act provides for involuntary detentions for varying lengths of time for the purpose of evaluation and treatment, provided certain requirements are met, such as that an individual is taken to a county-designated facility. Typically, one first interacts with the LPS Act through a "5150" hold initiated by a peace officer or other person authorized by a county, who must determine and document that the individual meets the standard for a hold. A county-designated facility is authorized to then involuntarily detain an individual for up to 72 hours for evaluation and treatment if they are determined to be, as a result of a mental health disorder, a danger to self or others, or gravely disabled. The professional person in charge of the county-designated facility is required to assess an individual to determine the appropriateness of the involuntary detention prior to admitting the individual. Subject to various conditions, a person who is found to be a danger to self or others, or gravely disabled, can be subsequently involuntarily detained for an initial period of intensive treatment up to 14 days, an additional period of 14 days (or up to an additional 30 days in counties that have opted to provide this additional up-to 30-day intensive treatment episode), and ultimately a conservatorship, which is typically for up to a year and may be extended as appropriate. A person can also be released prior to the end of intensive treatment if they are found to no longer meet the criteria or are prepared to accept treatment voluntarily.
Throughout this process, existing law requires specified entities to notify family members or others identified by the detained individual of various hearings, where it is determined whether a person will be further detained or released, unless the detained person requests that this information is not provided. Additionally, a person cannot be found to be gravely disabled if they can survive safely without involuntary detention with the help of responsible family, friends, or others who indicate they are both willing and able to help.
County-designated facilities vs. non-designated facilities (NDFs). Individual counties are responsible for determining whether General Acute Care Hospitals (GACHs), Psychiatric Health Facilities, Acute Psychiatric Hospitals, and other licensed facilities qualify to be designated facilities for evaluating and treating individuals placed in involuntary detentions. DHCS is responsible for the approval of designated facilities as determined by the counties. Counties generally have the discretion to implement how facilities are designated, but facilities are required to uphold proper care of the patient and a patient's civil rights throughout the process of detention. The intent of the LPS Act is for authorized individuals to take those whom have been placed on a 5150 hold to a designated facility, but if one does not exist, or a person is suffering another condition that requires immediate emergency medical services, the person is transported to the nearest facility, which is often an emergency department that is in a NDF.
NDFs are permitted to involuntarily detain an individual for eight to 24 hours for evaluation and treatment if they meet the criteria under the LPS Act, until the individual is either safely released or transferred to a designated facility.
According to the Author
California is investing heavily in mobile crisis teams and other alternatives to law enforcement response for people experiencing behavioral health crises, but these efforts depend on the availability of qualified clinicians who are authorized to perform functions under Welfare and Institutions Code Section 5150. Although current law allows counties to establish designation and training procedures for these professionals, it does not require them to do so. As a result, designation processes vary significantly across the state and may create unnecessary barriers for qualified clinicians. The author argues this bill is a workforce and accountability measure that requires counties to maintain transparent procedures for designation, training, and oversight while preserving local control and existing patient protections.
Arguments in Support
The California State Association of Psychiatrists (CSAP) supports this bill stating that county procedures governing designation and training vary significantly across the state, and some counties lack clear standards altogether. Many counties do not publicly identify which practice disciplines are eligible for 5150 designation or the qualifications required to exercise this authority. CSAP argues that, in practice, the absence of clear county procedures can leave law enforcement as the default responder for individuals experiencing behavioral health crises, contrary to California's investment in clinically based crisis response systems. CSAP concludes that by promoting statewide consistency and strengthening clinically based crisis response systems, this bill helps ensure that Californians experiencing psychiatric emergencies receive timely evaluations from appropriately trained professionals.
Arguments in Opposition
The County Behavioral Health Directors Association (CBHDA) and the California State Association of Public Administrators, Public Guardians and Public Conservators (CAPAPGPC) oppose this bill, stating that it will create a new requirement for counties to develop designation and training procedures, which are today optional in statute. Counties currently have local discretion due to the optional nature of these activities in statute. While counties understand the desire to ensure greater consistency around LPS implementation, without the dedicated resources, this bill would create a new unfunded mandate at a time when local and state resources are strained. CBHDA and CAPAPGPC are also concerned that by establishing this section of law as a new requirement, it may create ambiguities related to who could be designated. They argue that counties must continue to retain discretion over which individuals and facilities are designed to involuntarily detain individuals.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, costs of an unknown amount, likely hundreds of thousands of dollars annually, to county behavioral health agencies, to develop procedures related to Section 5150 designations. Additional cost pressures, potentially high hundreds of thousands of dollars or more, annually, for counties to comply with new obligations to manage notifications of denials and revocations of 5150 designations and to conduct training, oversight, and management of new designations, to the extent the counties implement the newly developed procedures. CBHDA and CAPAPGPC jointly estimate costs of this bill to counties would total $1.0 million to $2.7 million upon implementation and up to $2.4 million annually thereafter (local funds). Although this bill indicates costs may be state-reimbursable, CBHDA and CAPAPGPC state the bill creates an unfunded mandate.
VOTES
SENATE FLOOR: Votes Not Relevant
YES:
NO:
ABS, ABST OR NV:
ASM HEALTH: 14-0-2
YES: Bonta, Sanchez, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Jeff Gonzalez, Mark González, Patel, Patterson, Celeste Rodriguez, Schiavo, Stefani
ABS, ABST OR NV: Johnson, Sharp-Collins
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Solache, Ta, Tangipa
ABS, ABST OR NV: Sharp-Collins
UPDATED
VERSION: June 25, 2026
CONSULTANT: Logan Hess / HEALTH / (916) 319-2097 FN: 0003608
Date of Hearing: August 5, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 16
Author:(Blakespear) – As Amended Ver:June 25, 2026
Policy Committee: | Health | Vote: | 14 - 0 |
Judiciary | 12 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires a county behavioral health director develop procedures for a county to designate and train professionals who will be designated to detain persons pursuant to Section 5150 of the Welfare and Institutions Code.
Specifically, this bill:
- Requires, rather than allows, a county behavioral health director develop procedures for a county’s designation and training of professionals who will be designated to detain persons pursuant to Section 5150 of the Welfare and Institutions Code.
- Requires, rather than allows, the procedures for designation and training include, but not be limited to, the following:
- The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
- The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
- The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
- The county’s process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
- Specifies that the above requirements do not require a county behavioral health director to designate each individual that meets the requirements specified in item 1, above.
FISCAL EFFECT:
Costs of an unknown amount, likely hundreds of thousands of dollars annually, to county behavioral health agencies, to develop procedures related to Section 5150 designations. Additional cost pressures, potentially high hundreds of thousands of dollars or more, annually, for counties to comply with new obligations to manage notifications of denials and revocations of 5150 designations and to conduct training, oversight, and management of new designations, to the extent the counties implement the newly developed procedures. The County Behavioral Health Directors Association (CBHDA) and the California State Association of Public Administrators, Public Guardians and Public Conservators (CAPAPGPC) jointly estimate costs of this bill to counties would total $1.0 million to $2.7 million upon implementation and up to $2.4 million annually thereafter (local funds). Although this bill indicates costs may be state-reimbursable, CBHDA and CAPAPGPC state the bill creates an unfunded mandate.
COMMENTS:
- Purpose. This bill is sponsored by the California State Association of Psychiatrists. According to the author:
California is investing heavily in mobile crisis teams and other alternatives to law enforcement response for people experiencing behavioral health crises, but these efforts depend on the availability of qualified clinicians who are authorized to perform functions under Welfare and Institutions Code 5150. Although current law allows counties to establish designation and training procedures for these professionals, it does not require them to do so. As a result, designation processes vary significantly across the state and may create unnecessary barriers for qualified clinicians. SB 16 is a workforce and accountability measure that requires counties to maintain transparent procedures for designation, training, and oversight while preserving local control and existing patient protections.
- Background. The Lanterman-Petris-Short (LPS) Act provides for involuntary detentions of persons for varying lengths of time for the purpose of providing evaluation and behavioral health treatment under specified conditions, including that the individual is taken to a county-designated facility and the person making the initial detention has enough evidence to justify the detention. Counties have the authority under existing law to determine which professionals the county wishes to “designate” as having the authority to detain persons for evaluation pursuant to Welfare and Institutions Code (WIC) Section 5150, which allows peace officers and designated professionals to involuntarily detain a person for up to 72 hours for an assessment, evaluation and crisis intervention, or placement for evaluation and treatment in a facility designated by the county, if the person is determined to be a danger either to themself or to others, or gravely disabled, because of a mental health disorder.
- Opposition. CBHDA and CAPAPGPC jointly state that, for nearly 60 years, counties have been developing procedures to designate and train professionals who will be designated to perform the functions under WIC 5150. The counties note that without dedicated resources, this bill would create a new unfunded mandate at a time when local and state resources are strained.
- Related Legislation. AB 416 (Krell), Chapter 691, Statutes of 2025, requires counties to include emergency physicians as one of the practice disciplines eligible to be designated by the county to cause a person to be taken into custody under WIC 5150.
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing: June 30, 2026
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
SBPCA Bill Id:SB 16
Author:(Blakespear) – As Amended Ver:June 25, 2026
SENATE VOTE: NOT RELEVANT
SUBJECT: MENTAL HEALTH: INVOLUNTARY COMMITMENT
SYNOPSIS
The Lanterman-Petris-Short (LPS) Act provides for involuntary detentions of persons for varying lengths of time for the purpose of providing evaluation and treatment, so long as specified requirements are met, including that the individual is taken to a county-designated facility and the person making the initial detention has enough evidence to justify the detention. Counties have the authority under existing law to determine which professional persons the county wishes to “designate” as having the authority to detain persons for evaluation pursuant to Welfare and Institutions Code Section 5150. Additionally, existing law specifies that counties may develop procedures for the designation and training of professionals authorized to perform these detentions. This bill requires, rather than permits, counties to develop those procedures for designation and training, while still specifying that counties maintain discretion when determining whether to designate an individual professional.
This bill is sponsored by the California State Association of Psychiatrists. Among other things, the Association argues the bill advances efforts to ensure that behavioral health crises receive a clinical response whenever possible, rather than defaulting to a law enforcement response. The bill is opposed by the County Behavioral Health Directors Association and the California State Association of Public Administrators, Public Guardians, and Public Conservators. They contend that this bill limits county discretion, while creating a new unfunded mandate at a time when budgetary resources are constrained. The Assembly Health Committee recently approved this bill by a vote of 14 -0.
SUMMARY: Requires a county behavioral health director to develop procedures for a county’s designation and training of professionals who will be designated to detain persons pursuant to Section 5150 of the Welfare and Institutions Code. Specifically, this bill:
- Requires, rather than permits, the county behavioral health director to develop procedures for the county’s designation and training of professionals who will be designated to perform involuntary detentions pursuant to Section 5150 of the Welfare and Institutions Code.
- Requires, rather than permits, that these procedures include, but are not limited to, the following:
- The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
- The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
- The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
- The county’s process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
- Specifies that the above requirements do not require a county behavioral health director to designate each individual that meets the requirements specified in 2).
EXISTING LAW:
- Establishes the LPS Act to end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, as well as to safeguard a person’s rights, provide prompt evaluation and treatment, and provide services in the least restrictive setting appropriate to the needs of each person. (Welfare and Institutions Code Section 5000 et seq. All further statutory references are to the Welfare & Institutions Code, unless otherwise stated.)
- Defines the following for the purposes of the LPS Act:
- “Designated facility,” “facility designated by the county for evaluation and treatment,” or “facility designated by the county to provide intensive treatment” means a facility that meets designation requirements duly established by the State Department of Health Care Services in accordance with existing law, including, but not limited to, the following:
- Psychiatric health facilities licensed by the State Department of Health Care Services.
- Psychiatric residential treatment facilities licensed by the State Department of Health Care Services.
- Mental health rehabilitation centers licensed by the State Department of Health Care Services.
- Provider sites certified by the State Department of Health Care Services or a mental health plan to provide crisis stabilization.
- General acute care hospitals licensed by the State Department of Public Health.
- Acute psychiatric hospitals licensed by the State Department of Public Health.
- Chemical dependency recovery hospitals licensed by the State Department of Public Health.
- Hospitals operated by the United States Department of Veterans Affairs.
- “Gravely disabled” means any of the following:
- A condition in which a person, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.
- A condition in which a person has been found mentally incompetent under existing law and where specified facts exist. (Section 5008.)
- “Designated facility,” “facility designated by the county for evaluation and treatment,” or “facility designated by the county to provide intensive treatment” means a facility that meets designation requirements duly established by the State Department of Health Care Services in accordance with existing law, including, but not limited to, the following:
- Provides that, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. (Section 5150 (a).)
- Provides that, in each county whenever a peace officer has transported a person to a designated facility for assessment under Section 5150, that officer will be detained no longer than the time necessary to complete documentation of the factual basis of the detention and a safe and orderly transfer of physical custody of the person. Requires the documentation to include detailed information regarding the factual circumstances and observations constituting probable cause for the peace officer to believe that the individual required psychiatric evaluation. (Section 5150.2.)
- Allows the county behavioral health director to develop procedures for the county’s designation and training of professionals who will be designated to perform functions under Section 5150. These procedures may include, but are not limited to, the following:
- The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
- The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
- The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
- The county’s process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures. (Section 5121 (a).)
- Specifies that, if a county behavioral health director denies or revokes an individual’s designation, the county behavioral health director must, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation. (Section 5121 (c).)
- Specifies that designated members of a mobile crisis team and designated professional persons cannot be prohibited from transporting a person taken into custody pursuant to Section 5150. (Section 5121 (d).)
- Requires a county behavioral health director to include an emergency physician as one of the practice disciplines eligible to be designated by the county when developing and implementing procedures pursuant to 5). (Section 5121 (f).)
- Provides that a licensed general acute care hospital or psychiatric hospital (that is not a county-designated facility), licensed professional staff of those hospitals, or any physician and surgeon, providing emergency medical services in any department of those hospitals to a person at the hospital is not civilly or criminally liable for detaining a person if all of the following conditions exist during the detention:
- The person cannot be safely released from the hospital because, in the opinion of the treating physician and surgeon, or a clinical psychologist with medical staff privileges, clinical privileges, or professional responsibilities provided in Section 1316.5, the person, as a result of a mental health disorder, presents a danger to themselves, or others, or is gravely disabled.
- The hospital staff, treating physician and surgeon, or appropriate licensed mental health professional, have made, and documented, repeated unsuccessful efforts to find appropriate mental health treatment for the person.
- Requires that telephone calls or other contacts required pursuant to b) shall commence at the earliest possible time when the treating physician and surgeon has determined the time at which the person will be medically stable for transfer.
- The contacts required pursuant to b) must not begin after the time when the person becomes medically stable for transfer.
- The person is not detained beyond 24 hours.
- There is probable cause for detention. (Health and Safety Code Section 1799.111.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: The Lanterman-Petris-Short (LPS) Act provides for involuntary detentions of persons for varying lengths of time for the purpose of providing evaluation and treatment, so long as specified requirements are met. Counties have the authority under existing law to determine which professional persons the county wishes to “designate” as having the authority to perform detentions pursuant to Welfare and Institutions Code Section 5150. As part of this process, counties also have the authority to develop procedures for the designation and training of these professionals. This bill changes the permissive nature of this authority and instead mandates that counties develop those procedures, rather than simply permitting counties to do so. According to the author, SB 16 is necessary because:
California is investing heavily in mobile crisis teams and other alternatives to law enforcement response for people experiencing behavioral health crises, but these efforts depend on the availability of qualified clinicians who are authorized to perform functions under Welfare and Institutions Code 5150. Although current law allows counties to establish designation and training procedures for these professionals, it does not require them to do so. As a result, designation processes vary significantly across the state and may create unnecessary barriers for qualified clinicians. Most importantly, a treating mental health professional is sometimes in the best position to determine the need for a 5150 hold, based on their long-term care for the person in need. SB 16 is a workforce and accountability measure that requires counties to maintain transparent procedures for designation, training, and oversight while preserving local control and existing patient protections.
The LPS Act and involuntary detentions. Typically, the first interaction an individual has with the LPS Act is through a “5150 hold” initiated by a peace officer or other person authorized (or “designated”) by a county to exercise 5150 authority. Section 5150 of the Welfare and Institutions Code allows peace officers and designated professionals to involuntarily detain a person for up to 72 hours for an assessment, evaluation and crisis intervention, or placement for evaluation and treatment in a facility designated by the county, if they are determined to be, because of a mental health disorder, a danger either to themselves or to others, or gravely disabled.
The professional in charge of the county-designated facility is required to assess an individual to determine the appropriateness of the involuntary detention prior to admitting the individual. Subject to various conditions, a person who is found to be a danger to self or others, or to be gravely disabled, can thereafter be involuntarily detained for up to 14 days for intensive treatment; an additional 14 days (or up to an additional 30 days in counties that have opted to provide this additional up-to 30 day intensive treatment episode); and ultimately placed in a conservatorship, which typically lasts for up to a year and may be extended, as appropriate.
The designation process and authority of counties under existing law. Counties also have the authority under existing law to determine which professional persons the county wishes to “designate” as having the authority to detain persons for evaluation pursuant to Section 5150. (Section 5121.) A range of professionals are designated across the state, ranging from emergency physicians and licensed clinical social workers to community-based organizations. Counties have control over their designation training, eligibility, and application processes, which differ by county. Existing law allows, but does not require, counties to develop procedures for the county’s designation and training of professionals. (Id.) Similarly, current law specifies, but does not limit which procedures the county may prescribe. (Id.) Those procedures may include the following:
- The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
- The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
- The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
- The county’s process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures. (Id.)
This bill, instead, requires counties to develop those procedures, and specifies that the procedures listed above must be included. To be clear, this bill does not require a county to adopt any particular procedure for designation and training, and as such, procedures may continue to vary widely across the state. Under the bill, counties can tailor still their policies and procedures to the unique needs and resources of their jurisdiction, and they maintain broad flexibility to design their application process and set criteria for designation. Ultimately, this bill will likely increase the number of professionals that will be designated with 5150 authority and thereby, increase the number of 5150 holds.
Although ensuring there are enough professionals, outside of law enforcement, to carry out these duties is a laudable goal, increasing the number of professionals with this authority does not increase the availability of wrap-around services that an individual can access following detention. Many individuals detained under the LPS Act are not provided appropriate services in a timely manner, and increasing the number of detentions without increasing services, is unlikely to improve clinical outcomes. Nevertheless, this bill will provide clarity for clinicians interested in carrying out these duties, while maintaining the ability of counties to monitor and track a professional’s use of that authority, as well as overall use throughout the county.
Concerns surrounding county discretion in designating professionals. Designating a professional to have 5150 authority is a serious and consequential decisionmaking responsibility. Counties can and should therefore be selective in their designation processes to ensure they are able to appropriately train, oversee, and ultimately determine who appropriately should have this power.
To that end, the author recently took amendments in the Assembly Committee on Health that were designed to preserve county discretion regarding who may be designated with 5150 authority. Since the introduction of these amendments, at least one stakeholder group has expressed concerns about the potential of the amendment to undermine the intent of AB 416 (Krell) Chap. 691, Stats. 2025, which required county behavioral health directors to include emergency physicians as one of the practice disciplines eligible to be designated by the county to perform 5150 holds when developing and implementing procedures. Overall, there appears to be considerable disagreement surrounding the scope of a county’s discretion in exercising its designation authority.
Given the timing of the amendments, various interested parties have not had time to come to an agreement that resolves those concerns. Nonetheless, because the language generating the concerns from the emergency physicians are directly related to amendments adopted by another committee, this Committee will not be removing the language. However, the author is encouraged to continue to work with the various stakeholders and the Assembly Committee on Health to address any outstanding concerns regarding the recent amendments.
ARGUMENTS IN SUPPORT: The sponsor of the bill, the California State Association of Psychiatrists, writes the following in support of the bill:
SB 16 advances California's efforts to ensure that behavioral health crises receive a clinical response whenever possible, rather than defaulting to a law enforcement response.
Under current law, counties may designate qualified professionals to initiate involuntary evaluations under Welfare and Institutions Code Section 5150. However, county procedures governing designation and training vary significantly across the state, and some counties lack clear standards altogether. Many counties do not publicly identify which practice disciplines are eligible for 5150 designation or the qualifications required to exercise this authority. In practice, the absence of clear county procedures can leave law enforcement as the default responder for individuals experiencing behavioral health crises, contrary to California's investment in clinically based crisis response systems.
SB 16 would require counties to establish procedures identifying the practice disciplines, qualifications, and clinical experience necessary for 5150 designation. Requiring counties to clearly define who may be designated and how those individuals are trained will promote greater consistency, transparency, and accountability across California while ensuring that appropriately qualified professionals are available to respond to psychiatric emergencies. SB 16 does not expand the criteria for involuntary detention. Rather, it ensures that counties establish clear, legally compliant procedures regarding who may exercise existing authority and how those individuals are trained.
ARGUMENTS IN OPPOSITION: The County Behavioral Directors Association of California (CBDHA) and the California State Association of Public Administrators, Public Guardians, and Public Conservators (CAPAPGPC), jointly state the following in opposition to the bill:
Existing law, Welfare and Institutions Code (WIC) 5150 states that when a person, as a result of a mental health disorder is a danger to others, or to themselves, or is found to be gravely disabled, there is a list of individuals designed by the county who may take or cause the individual to be involuntarily detained for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment. WIC 5121 currently authorizes county behavioral health directors to develop procedures for counties to designate and train professionals who will be designated to perform the functions under WIC 5150, something counties have been doing for nearly sixty years following the inception of LPS.
SB 16 create a new requirement for counties to develop these designation and training procedures, which are today optional in statute. Counties currently have local discretion due to the optional nature of these activities in statute. While counties understand the desire to ensure greater consistency around LPS implementation, without the dedicated resources, this bill would create a new unfunded mandate at a time when local and state resources are strained.
We are also concerned that by establishing this section of law as a new requirement, it may create ambiguities related to who could be designated. Counties must continue to retain discretion over which individuals and facilities are designed to involuntarily detain individuals. As such, we would request amendments to clarify this ongoing authority.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Association of Psychiatrists (sponsor)
Opposition
California State Association of Public Administrators, Public Guardians, and Public Conservators
County Behavioral Health Directors Association (CBHDA)
Analysis Prepared by: Kristian Wright / JUD. / (916) 319-2334
Date of Hearing: June 23, 2026
ASSEMBLY COMMITTEE ON HEALTH
Mia Bonta, Chair
SBPCA Bill Id:SB 16
Author:(Blakespear) – As Amended Ver:June 11, 2026
SENATE VOTE: Not relevant.
SUBJECT: Mental health: involuntary commitment.
SUMMARY: Requires, rather than permits, a county behavioral health director to develop procedures for the county’s designation and training of professionals who will be designated to cause an individual to be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services (DHCS) for up to 72 hours for evaluation and treatment.
EXISTING LAW:
- Establishes the Lanterman-Petris-Short (LPS) Act to end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, as well as to safeguard a person’s rights, provide prompt evaluation and treatment, and provide services in the least restrictive setting appropriate to the needs of each person. Permits involuntary detention of a person deemed to be a danger to self or others, or “gravely disabled,” as defined, for periods of up to 72 hours for evaluation and treatment, or for up-to 14 days and up-to 30 days for additional intensive treatment in county-designated facilities. [Welfare and Institutions Code (WIC) § 5000, et seq.]
- Permits a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county to cause a person to be taken into custody for up to 72 hours for evaluation and treatment. [WIC § 5150]
- Defines “gravely disabled,” for purposes of evaluating and treating an individual who has been involuntarily detained or for placing an individual in conservatorship, as a condition in which a person, as a result of a mental health disorder, a severe substance use disorder (SUD), or both, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care. [WIC § 5008]
- Exempts the facility providing treatment, the superintendent of the facility, the professional person in charge of the facility and their designee, or the peace officer responsible for the detainment of the person from criminal or civil liability for any action by a person released at or before the end of the period for which they were admitted. [WIC § 5113]
- Authorizes a county behavioral health director to develop procedures for the county’s designation and training of professionals to perform the functions relative to the 72 hour detainment, evaluation, and treatment process. The procedures may include the following:
- The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county;
- The initial and ongoing training and testing requirements for professionals eligible to be designated by the county;
- The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation; and,
- The county’s process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures. [WIC § 5121]
- Requires DHCS to collect and publish annually various data elements regarding the implementation, outcomes, and disparities of the LPS Act, including, if the source of admission is an emergency department (ED), the date and time of service and release from emergency care. [WIC § 5402]
- Prohibits a licensed general acute care hospital (GACH) or psychiatric hospital (that is not a county-designated facility), licensed professional staff of those hospitals, and physicians providing emergency medical services from being held civilly or criminally liable for detaining a person for more than 8 hours but less than 24 hours who is gravely disabled, under the same definition of “gravely disabled” as is used in the LPS Act. [Health and Safety Code § 1799.111]
FISCAL EFFECT: Unknown. As recently amended, this bill has not been analyzed by a fiscal committee.
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, California is investing heavily in mobile crisis teams and other alternatives to law enforcement response for people experiencing behavioral health crises, but these efforts depend on the availability of qualified clinicians who are authorized to perform functions under WIC § 5150. Although current law allows counties to establish designation and training procedures for these professionals, it does not require them to do so. As a result, designation processes vary significantly across the state and may create unnecessary barriers for qualified clinicians. The author argues this bill is a workforce and accountability measure that requires counties to maintain transparent procedures for designation, training, and oversight while preserving local control and existing patient protections.
- BACKGROUND.
- LPS Act involuntary detentions. The LPS Act provides for involuntary detentions for varying lengths of time for the purpose of evaluation and treatment, provided certain requirements are met, such as that an individual is taken to a county-designated facility. Typically, one first interacts with the LPS Act through a “5150” hold initiated by a peace officer or other person authorized by a county, who must determine and document that the individual meets the standard for a hold. A county-designated facility is authorized to then involuntarily detain an individual for up to 72 hours for evaluation and treatment if they are determined to be, as a result of a mental health disorder, a danger to self or others, or gravely disabled. The professional person in charge of the county-designated facility is required to assess an individual to determine the appropriateness of the involuntary detention prior to admitting the individual. Subject to various conditions, a person who is found to be a danger to self or others, or gravely disabled, can be subsequently involuntarily detained for an initial period of intensive treatment up to 14 days, an additional period of 14 days (or up to an additional 30 days in counties that have opted to provide this additional up-to 30-day intensive treatment episode), and ultimately a conservatorship, which is typically for up to a year and may be extended as appropriate. A person can also be released prior to the end of intensive treatment if they are found to no longer meet the criteria or are prepared to accept treatment voluntarily.
Throughout this process, existing law requires specified entities to notify family members or others identified by the detained individual of various hearings, where it is determined whether a person will be further detained or released, unless the detained person requests that this information is not provided. Additionally, a person cannot be found to be gravely disabled if they can survive safely without involuntary detention with the help of responsible family, friends, or others who indicate they are both willing and able to help.
- County-designated facilities vs. non-designated facilities (NDFs). Individual counties are responsible for determining whether GACHs, Psychiatric Health Facilities, Acute Psychiatric Hospitals, and other licensed facilities qualify to be designated facilities for evaluating and treating individuals placed in involuntary detentions. DHCS is responsible for the approval of designated facilities as determined by the counties. Counties generally have the discretion to implement how facilities are designated, but facilities are required to uphold proper care of the patient and a patient’s civil rights throughout the process of detention. The intent of the LPS Act is for authorized individuals to take those whom have been placed on a 5150 hold to a designated facility, but if one does not exist, or a person is suffering another condition that requires immediate emergency medical services, the person is transported to the nearest facility, which is often an ED that is in a NDF.
As noted in 7) of Existing Law above, NDFs are permitted to involuntarily detain an individual for 8 to 24 hours for evaluation and treatment if they meet the criteria under the LPS Act, until the individual is either safely released or transferred to a designated facility.
- Peace officers. In February 2025, Sacramento County Sheriff Jim Cooper announced that his officers would no longer respond to mental health calls unless a crime is involved. The Sacramento Bee reports that in the “first six days of implementing the change in January, the Sheriff’s Office received 320 mental health calls, and deputies didn’t respond to 18 calls for help.” The policy change comes after a July 2024 ruling from that Ninth Circuit Court of Appeals finding that two Las Vegas police officers who responded to a 911 call from a mentally ill man will have to face excessive force claims for killing the man when they restrained him and knelt on his back. According to The Sacramento Bee, Cooper said his deputies will still respond to mental health calls when a crime is in progress, when a crime has been committed, and when someone is at risk of injury or death, but not when only the person experiencing a mental health crisis is at risk of injury or death.
SB 882 (Eggman), Chapter 899, Statutes of 2022, creates the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities and mental health conditions. The advisory council began meeting in April 2024 and released a final report with the current state of these interactions, discussion of best practices for law enforcement training, and other non-training interventions in April 2026. The Council makes several recommendations regarding data collection and training for behavioral health providers and peace officers. Specifically, the Council recommends special grants for each county to operate 24/7 mental health crisis teams to respond to non-crime related 911 and 988 calls. While the state has invested heavily in mobile crisis, the continuation of mobile crisis as a statewide Medi-Cal benefit is currently being debated in the state budget.
- OPPOSE UNLESS AMENDED. The County Behavioral Health Directors Association (CBHDA) opposes this bill unless amended stating that this bill creates a new requirement for counties to develop designation and training procedures, which are today optional in statute. Counties currently have local discretion due to the optional nature of these activities in statute. CBHDA notes that while counties understand the desire to ensure greater consistency around LPS implementation, without the dedicated resources, this bill would create a new unfunded mandate at a time when local and state resources are strained. CBHDA is also concerned that by establishing this section of law as a new requirement, it may create ambiguities related to who could be designated. Counties must continue to retain discretion over which individuals and facilities are designed to involuntarily detain individuals. As such, CBHDA requests amendments to clarify this ongoing authority.
- DOUBLE REFERRAL. This bill has been double referred; upon passage in this committee, it will be referred to the Assembly Judiciary Committee.
- PREVIOUS LEGISLATION.
- AB 416 (Krell), Chapter 691, Statutes of 2025, requires counties to include emergency physicians (EP), as defined, as one of the practice disciplines who are eligible to be designated by the county to cause a person to be taken into custody for assessment, evaluation, and treatment for 72 hours if the person is a danger to themselves or others, or is gravely disabled, provided the EP completes the county's training, application, and approval process that applies to all professionals who are eligible to be designated by the county.
- SB 402 (Wahab) of 2024 would have authorized a licensed mental health professional who is not direct staff of, or contracted by, a county to take into custody a person who, as result of a mental health disorder, is a danger to self or others, or gravely disabled, under certain conditions and expanded related requirements regarding information collection and publication. SB 402 was held on the Assembly Appropriations committee suspense file.
- AB 1443 (McCarty), Chapter 399, Statutes of 2021, permits any county to develop training and procedures related to taking, or causing to be taken, a person into custody for an involuntary detention, as specified. Requires the County of Sacramento to develop a written policy for training and procedures for designating persons who are employed by the City of Sacramento and who meet specified criteria to involuntarily detain individuals.
- POLICY COMMENT. The stated intent of this bill is twofold: to increase transparency of county designation requirements and have more non-law enforcement personnel designated to perform 5150 holds. While both are laudable goals, it’s unclear if increasing the number of clinicians designated to perform 5150 holds will result in less law enforcement involvement. If a person is determined to meet the criteria for a hold by a clinician designated by the county in a non-designated facility or out in the community, the entity to transport them to a designated facility for evaluation and treatment may still be law enforcement. By adding to the number of designated individuals in a county, this bill could result in more law enforcement engagement with people dealing with mental illness, not less. Further, more individuals designated by the county does not increase the number of beds at facilities, the number of treatment slots in outpatient programs, or access to housing. An unintended consequence of this bill, should it result in counties losing authority to make designation decisions and requiring them to designate anyone that meets the requirements they establish, is a much bigger front door into an involuntary treatment system that is already struggling or failing to serve everyone in need.
- AMENDMENTS. In order to ensure that counties maintain the discretion to designate individuals that meet the requirements they establish, the committee may wish to amend this bill to add the following subdivision:
(g) This section does not require a county behavioral health director to designate each individual that meets the requirements specified in subdivision (a).
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Logan Hess / HEALTH / (916) 319-2097
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 16 |
THIRD READING
Bill No: SB 16
Author: Blakespear (D)
Amended: 4/24/25
Vote: 21
SENATE HOUSING COMMITTEE: 10-0, 4/22/25
AYES: Wahab, Arreguín, Cabaldon, Caballero, Cortese, Durazo, Gonzalez, Grayson, Ochoa Bogh, Padilla
NO VOTE RECORDED: Seyarto
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/23/25
AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab
NO VOTE RECORDED: Seyarto, Dahle
SUBJECT: Homeless Housing, Assistance, and Prevention program: housing element: unsheltered and chronic homelessness: assessment and financing plan
SOURCE: Bay Area Council
New California Coalition
DIGEST:
This bill expands the data local governments provide in the housing element specific to homeless populations. This bill would also require the Department of Housing and Community Development (HCD) to conduct an assessment and financing plan to address unsheltered and chronic homelessness in the state over a 10-year period, and report findings to the Legislature by December 1, 2027.
ANALYSIS:
Existing law:
- Requires the housing element to include an assessment of housing needs for above moderate-income, moderate-income, low-income, and very low-income households, and an inventory of resources and constraints relevant to the meeting of these needs for each income category, including extremely low-income and acutely low-income households.
- Requires the housing element to include an analysis of any special needs housing, including, and among other things, families and persons in need of emergency shelter (hereinafter referred to as the “Homelessness Program”).
- Establishes HHAPP to provide jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. Directs HCD to administer HHAPP.
- Empowers the recently formed Housing and Homelessness Accountability, Results, and Partnership Unit at HCD to monitor HHAPP expenditures, track outcomes, provide technical assistance and work with underperforming grantees on corrective action plans.
- Requires a jurisdiction that is not a tribe to apply as part of a region and be a signatory to a round six regionally coordinated homelessness action plan that has been approved by the HCD. The regionally coordinated homelessness action plan (Regional Plan) must include:
- Identification and analysis of the specific roles and responsibilities of each participating jurisdiction in the region as specified.
- A list of the most recent system performance measures for the region, which shall include age, racial, and ethnic disparities, as specified.
- A system performance and improvement plan (Improvement Plan) with a description of key actions the region intends to take to improve system performance measures. May include key actions from small jurisdictions in the region that elect to engage in the regionally coordinated homelessness action plan.
- Requires HHAPP applicants to demonstrate how the region will use available resources to sustain all existing and proposed interim housing investments within the region, as specified.
- Requires HCD to approve a plan when it determines that the plan includes specified components, including certain performance measures (SPMs) for the region as well as age, racial, and ethnic disparities for specified information, and a system performance and improvement plan.
- Requires applicants, beginning with the third round of HHAPP, to provide the specified information for all rounds of program allocations through a data collection, reporting, performance monitoring, and accountability framework.
- Requires HCD to post a statewide report that aggregates each applicant’s outcome goals into a single statewide set of metrics.
This bill:
1) Adds the following requirements to the data required in the Homelessness Program as part of the housing element, for all non-HHAPP recipients:
- An itemized list of the specific federal, state, and local resources available to assist individuals who are unhoused, including interim and permanent housing, including mental and behavioral health services.
- A description of the actions taken by the local government to connect individuals who are unhoused to the resources described in (a).
- The most up-to-date data on the number of individuals who are unhoused.
- A description of key actions that will be taken to reduce individuals who are unhoused based on the data points described in (c)
- Actions taken to coordinate with cities in the region, counties or council of governments, and identification and analysis of the specific roles and responsibilities regarding outreach and site coordination, siting and use of available land, the development of shelter, interim, and permanent housing options, and the coordination and connection to the delivery of services to individuals who are unhoused, or at risk of becoming unhoused, including specifying roles and coordination plans in relation to the Mental Health Services Act or Behavioral Health Services Act, within the region and engagement with the regionally coordinated action plan in HHAPP.
- Actions taken to reduce barriers and expedite the approval process for approving interim and permanent housing options.
2) Requires HCD to complete, or contract to complete, an assessment and financing plan to, in coordination with local jurisdictions, address unsheltered and chronic homelessness in the state over a 10 year period. HCD shall report this to the legislature by December 31, 2027.
3) Requires the assessment in (2) to identify the following:
- The number of people experiencing unsheltered homelessness and the number of people expected to fall into unsheltered homelessness over the next 10 years, as specified.
- The unmet housing and services needs among the populations identified in (a).
- The evidence-based interventions required to meet the housing and services needs of the populations identified in (a)
- The funding required to offer evidence-based interventions at a scale great enough for populations identified in (a) to exit homelessness over the 10-year period.
- Of the funding identified as required in (d), the existing resources that could be used to meet the unmet housing and services needs of the populations identified in (a), including estimates of local funding available to serve these populations. This can include the funding available for a spectrum of interventions, from interventions to keep people safe while homeless to evidence-based interventions to end homelessness, including, but not limited to, additional shelters and interim and permanent housing services solutions.
- The remaining resources required to end homelessness among the populations identified in (a) after taking into consideration existing funding described in (e). This can include the funding necessary for a spectrum of interventions, from interventions to keep people safe while homeless to evidence-based practices to end homelessness, including, but not limited to, additional shelters and interim and permanent housing solutions.
- The actions that state and local governments need to take in order to create the resources identified in (f) and recommendations to the Legislature for how and when to accomplish those actions.
Background
The Solutions to California’s Homelessness Crisis. The overwhelming evidence shows that the solution to homelessness is providing more habitable, stable, and permanent housing at all income levels, and in particular, more housing affordable to the lowest income earners. While increasing the supply of affordable housing is the priority solution to the homelessness crisis, there is a spectrum of housing solutions that different levels of governments should offer, depending on the specific needs of the individual or family experiencing homelessness. For example, many families merely require temporary rental assistance to maintain housing or rapid rehousing to reconnect to permanent housing. Some populations require more intensive services in conjunction with permanent housing options. For those living on the streets or in encampments, a shelter can provide short-term, temporary respite. Shelters generally have very low rates of exiting to permanent housing. Interim solutions, such as bridge housing communities and low barrier navigation centers, provide a spectrum of housing and healthcare services, particularly to marginalized communities and those with pets, and may be necessary while a more permanent solution (such as rental assistance or the construction of a new unit) can be attained. The end goal should always be connections to housing that is truly affordable, low barrier, permanent, safe, and habitable as quickly as possible.
Last year, homelessness increased 18% across the country; in California, however, homelessness only increased by 3%. While there is still much work to be done, this indicates a slow-down in an upward trend. Additionally, two particular data points stick out:
- Between 2023 and 2024, California had the largest reduction in the number of veterans experiencing homelessness in the nation, with 1,279 fewer veterans experiencing homelessness on a single night in January in 2024 than in 2023 (8% reduction year over year).
- Between 2023 and 2024, California had the largest reduction in the number of unaccompanied youths experiencing homelessness in the nation, with 1,121 fewer unaccompanied youth experiencing homelessness on a single night in January 2024 than in January 2023.
According to the UCSF Benioff Homelessness and Housing Initiative (UCSF Benioff), the reason for the reduction in veteran homelessness is because the state has adequately scaled the evidence-based responses — which include Housing First, or housing subsidies paired with appropriate services[1]. The same can likely be said for homeless youth, given consistent set asides within Homekey and HHAPP for this population. Additionally, UCSF Benioff states that while the overall increase in homelessness numbers are lower than the national trend, the enormous number of people experiencing homelessness in California reflects the ongoing crisis caused by the lack of affordable housing in California. Given the successes in overall reductions for veterans and homeless youth, we know how to address homelessness —which is to provide more permanent affordable housing options — but these actions must be scaled adequately and for all populations.
Comments
1) Increasing transparency and regional coordination statewide. This bill would build upon the regional coordination efforts and increased data transparency required for big cities and counties that apply for HHAPP funds by requiring housing element homelessness programs to provide information about key actions taking locally and in coordination with the region. Specifically, this bill would require any local government that is not a HHAPP recipient to provide an itemized list of all public funds available to assist the homeless (including for housing and mental and behavioral health); actions taken to connect homeless individuals to available funds; specified data on people experiencing homelessness; actions taken to reduce and prevent unsheltered homelessness; actions taken to coordinate within the region; and actions taken to reduce barrier and to expedite the approval process for approving interim and permanent housing options.
According to some HHAPP recipients, the regional coordination requirements have already incentivized some smaller, non-HHAPP recipients to engage with broader regional coordination efforts. Prompting all local governments – specifically non-HHAPP recipients – to think holistically about their programs and existing funds and to engage with broader regional efforts could create bridges and increase more seamless coordination amongst all local governments. Additionally, these new data points create more transparency around the availability of public sources and programs already in place to assist people experiencing homelessness and push greater efficiency in the use of those funds.
2) Identifying statewide needs to end homelessness. Cal-ICH recently published a statewide Action Plan for Preventing and Ending Homelessness[2]. The purpose of the Plan is to organize and assess statewide investments, ensuring that efforts are strategic, measurable, and aligned with our shared vision. The plan outlines several Action Plan Goals that are intended to drive the outcomes for state investments and how Cal-ICH members should measure progress and success. What is lacking in this action plan, however, is what actions and investments are required for the state to end and prevent homelessness moving forward, rather than merely reviewing and assessing past actions and investments. While these lookbacks are critical to ensure funding is being invested effectively, the state has not conducted a statewide assessment of what it would take to end homelessness for good.
This bill would add a requirement for the state to conduct a statewide assessment of what funding and actions would be required to end and prevent homelessness in 10 years. This “Statewide Strategy to End and Prevent Homelessness” would be due back to the Legislature by December 1, 2027.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- HCD would incur costs of approximately $960,000 annually for two years (2026-27 and 2027-28), including staffing resources and contracting costs, to conduct the required assessment and financing plan and submit a report to the Legislature by December 31, 2027, and to provide technical assistance to local agencies regarding the new housing element requirements.
- HCD would also incur unknown ongoing costs, potentially in the low hundreds of thousands of dollars annually beginning in 2028-29, to provide continued technical assistance to local jurisdictions regarding the new housing element requirements. Staff notes that these requirements only apply to local jurisdictions that do now receive funding under the Homeless Housing, Assistance, and Prevention (HHAP) program. (General Fund)
- Unknown local costs for local agencies who do not receive HHAP funding to include additional information regarding homelessness in their housing elements, as specified. Local costs related to update specified general plan elements would generally not be state-reimbursable because cities and counties have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new local planning mandates. See staff comments. (local funds)
SUPPORT: (Verified 5/23/25)
Bay Area Council (co-source)
New California Coalition (co-source)
City and County of San Francisco
City of San Diego
Dignitymoves
Pae Consulting Engineers
Tmg Partners
OPPOSITION: (Verified 5/23/25)
City of Del Mar
City of Dinuba
City of Garden Grove
City of LA Palma
City of Lake Forest
City of Los Alamitos
City of Morro Bay
City of Mission Viejo
City of Oceanside
City of Placentia
City of San Fernando
City of Thousand Oaks
City of Tulare
City of Stanton
City of Villa Park
County of Kern
County of Madera
County of Merced
County of Monterey
County of San Bernardino
County of Shasta
County of Sonoma
County of Sonoma Department of Health Services
County of Tulare
League of California Cities
Madera County Board of Supervisors
Monterey County Department of Social Services
ARGUMENTS IN SUPPORT: According to the author, “On any given day in our state, close to 130,000 people live without a roof over their head. They live in community parks, canyons and riverbeds, and on sidewalks with their belongings. We need to work on solutions that treat unsheltered homelessness like the humanitarian crisis that it is. We know that more housing is the solution to homelessness, but the reality is that we are not building housing at the pace needed to make a real difference. We need more timely solutions that move people indoors now while they wait for permanent housing. San Jose Mayor Matt Mahan has shown the state that interim housing can be used to meet this need. In under two years, his administration has built nearly 1,000 new interim housing units. But people who have been homeless need help – job training, healthcare, and counseling for example -- to get back on their feet. These services are expensive to provide and can be a barrier for cities seeking to build more interim housing. SB 16 requires counties to partner with cities to cover the cost of interim housing operations, clearing the path to get California’s unsheltered into shelter.”
ARGUMENTS IN OPPOSITION: The League of California cities and other cities are opposed to new requirements in the housing element, specifically, as noted above, to data point that are obtained in collaboration with counties. They request amendments that would instead add smaller (non-HHAPP recipient) cities to be required to participate in the Regional Action Plan part of the HHAPP process. Several counties and county departments are opposed to provisions that were removed from the current version of this bill, which would have required counties to pay for at least half of the estimated costs to operate city shelters.
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
5/24/25 23:33:06
Margot Kushel. Statement by UCSF Benioff Homelessness and Housing Initiative Director Dr. Margot Kushel on 2024 Point-In-Time Homeless Count. December 28, 2024. Accessible here: https://homelessness.ucsf.edu/resources/press-release/statement-Kushel-PIT-count ↑
Cal-ICH. Action Plan for Preventing and Ending Homelessness (2025-2027). Accessible here: https://www.bcsh.ca.gov/calich/documents/action_plan.pdf ↑
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 16 (Blakespear) - Homeless Housing, Assistance, and Prevention program: housing element: unsheltered and chronic homelessness: assessment and financing plan
Version: April 24, 2025 | Policy Vote: HOUSING 10 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 12, 2025 | Consultant: Mark McKenzie |
Bill Summary:
SB 16 would require the Department of Housing and Community Development (HCD) to complete a specified assessment and financing plan to address unsheltered and chronic homelessness over a 10-year period. The bill would also require certain local agencies to include additional data and actions taken to address homelessness in their housing elements, as specified.
Fiscal Impact:
- HCD would incur costs of approximately $960,000 annually for two years (2026-27 and 2027-28), including staffing resources and contracting costs, to conduct the required assessment and financing plan and submit a report to the Legislature by December 31, 2027, and to provide technical assistance to local agencies regarding the new housing element requirements.
- HCD would also incur unknown ongoing costs, potentially in the low hundreds of thousands of dollars annually beginning in 2028-29, to provide continued technical assistance to local jurisdictions regarding the new housing element requirements. Staff notes that these requirements only apply to local jurisdictions that do now receive funding under the Homeless Housing, Assistance, and Prevention (HHAP) program. (General Fund)
- Unknown local costs for local agencies who do not receive HHAP funding to include additional information regarding homelessness in their housing elements, as specified. Local costs related to update specified general plan elements would generally not be state-reimbursable because cities and counties have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new local planning mandates. See staff comments. (local funds)
Background:
Existing law requires cities and counties to prepare a general plan comprised of seven mandatory elements, including a housing element that includes an identification of existing and projected housing needs. The housing element must include an inventory of land suitable for residential development, which is used to identify sites that can be developed for housing within the planning period that is sufficient to meet the regional housing needs for all income levels. Existing law requires the housing element to include an analysis of any special needs housing, including families and persons in need of emergency shelter, and the identification of zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use. Housing elements must be updated every eight years in urban areas, and every five years in more rural areas.
Existing law, as enacted by AB 101 (Budget Committee), Chap. 159/2019, establishes the HHAP Grant Program to provide jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges. HHAP funding is informed by a best-practices framework focused on moving homeless individuals and families into permanent housing, and supporting the efforts of those individuals and families to maintain their permanent housing. The program has been funded by General Fund appropriations in the annual Budget Act, with $950 million over the first two rounds of funding, and $1 billion each year through Round 6 in the 2024-25 Budget. The Governor’s proposed 2025-26 proposed budget does not include new funding for the HHAP Program.
Large cities (with a population of 300,000 or more), counties, Continuums of Care (COCs), and tribal entities can apply for HHAP funding. HCD is currently administering Round 6 of HHAP funding, and issued the 2025 Notice of Funding Availability (NOFA) in February. According to HCD, the goal of this round of funding is to “reflect the state’s priorities to prevent and expeditiously reduce unsheltered homelessness through homelessness prevention activities and sustain existing interim housing solutions and permanent housing solutions, including long-term sustainability of permanent affordable housing.” Round 6 prioritizes homelessness prevention, permanent housing, and operational support for existing interim housing over uses of HHAP funds that do not directly provide housing. Existing law requires a jurisdiction that is not a tribe to apply as part of a region and be a signatory to a Round 6 regionally coordinated homelessness action plan, which must include the most recent performance measures for the region that includes:
- The number of people experiencing homelessness.
- The average length of time people experience homelessness.
- The percentage and number of people exiting homelessness into permanent housing.
- The number of people falling into homelessness for the first time.
- The number of people who return to homelessness after exiting institutional settings, including jails, prisons, and hospitals.
Proposed Law:
SB 16 would require HCD to complete a specified assessment and financing plan to address unsheltered and chronic homelessness over a 10-year period. The bill would also require certain local agencies to include additional data and actions taken to address homelessness in their housing elements, as specified.
Housing element provisions: This bill would require local agencies that do not receive HHAP funding to include the following in their housing elements:
- An itemized list of the specific federal, state, and local resources available to assist individuals who are unhoused, including interim and permanent housing, including mental and behavioral health services.
- A description of the actions taken by the local government to connect individuals who are unhoused to those specified resources.
- The most up-to-date data on the number of individuals who are unhoused.
- A description of key actions that will be taken to reduce individuals who are unhoused.
- A description of the key actions that will be taken to prevent individuals from becoming unhoused.
- Actions taken to coordinate with cities in the region, counties or council of governments, and identification and analysis of the specific roles and responsibilities regarding outreach and site coordination, siting and use of available land, the development of shelter, interim, and permanent housing options, and the coordination and connection to the delivery of services to individuals who are unhoused, or at risk of becoming unhoused, including specifying roles and coordination plans in relation to the Mental Health Services Act or Behavioral Health Services Act, within the region and engagement in the regionally coordinated homelessness action plan required pursuant to the HHAP program.
- Actions taken to reduce barriers and expedite the approval processes for approving interim and permanent housing options.
HCD homelessness assessment: This bill would require HCD to complete, or contract to complete, an assessment and financing plan to address unsheltered and chronic homelessness in coordination with local jurisdictions over a 10-year period. The bill would require HCD or the contractor, in conducting the assessment and action plan, to consult with specified individuals and interested parties. HCD must submit a report to the Legislature on the assessment and financing plan by December 31, 2027. The assessment must identify all of the following:
- The number of people experiencing unsheltered homelessness and the number of people expected to fall into unsheltered homelessness over the next 10 years, based on recent data.
- The unmet housing and services needs among the unsheltered homeless populations identified above.
- Evidence-based interventions required to meet the housing and services needs of the unsheltered homeless populations identified above.
- The funding required to offer evidence-based interventions at a scale sufficient for those populations to exit homelessness over the 10-year period. Of this amount, existing resources that could be used to meet the unmet housing and services needs of the unsheltered homeless populations identified above, including estimates of local funding available to serve these populations, as specified.
- Remaining resources required to end homelessness among the unsheltered homeless populations identified above, after considering the existing resources, as specified.
- The actions that state and local governments need to take in order to create the remaining resources required to end homelessness, as specified, and recommendations to the Legislature for how and when to accomplish those actions.
Related Legislation:
SB 749 (Allen), which is pending in this Committee, would require an applicant for HHAP funding to report specified information to HCD, including an assessment of how to achieve functional zero unsheltered, as specified, and other information regarding implementation of local homeless housing incentives.
Staff Comments:
This bill would impose new mandated costs on certain local agencies who do not receive HHAP funding by requiring the inclusion of additional data and information regarding actions taken to address homelessness in their housing elements. This bill’s mandated local planning costs associated with these new duties would generally not be subject to state reimbursement because local agencies have the authority to charge and adjust planning and permitting fees as necessary to cover administrative costs. Existing law authorizes planning and zoning fees to “include the costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations.” Case law and previous decisions by the Commission on State Mandates support the position that local governments’ planning costs are not reimbursable when the state imposes new planning mandates.
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SENATE COMMITTEE ON HOUSING
Senator Aisha Wahab, Chair
2025 - 2026 Regular
Bill No: SB 16 Hearing Date: April 22, 2025
Author: | Blakespear | ||
Version: | 3/25/2025 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Homeless Housing, Assistance, and Prevention program: housing element: Integrated Plan for Behavioral Health Services and Outcomes
DIGEST: This bill would expand the data local governments provide in the housing element specific to homeless populations. Additionally, it would require counties to commit to divert their funds, and to contribute at least 50% of expected operating costs to city homeless shelters through a new Action Plan in the seventh round of the Homeless Housing, Assistance, and Prevention program (HHAPP), as specified.
ANALYSIS:
Existing law:
- Requires every city and county to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element must identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet the housing needs of all income segments of the community, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.
- Requires the housing element to include an assessment of housing needs for above moderate-income, moderate-income, low-income, and very low-income households, and an inventory of resources and constraints relevant to the meeting of these needs for each income category, including extremely low-income and acutely low-income households.
- Requires the housing element to include an analysis of any special needs housing, including, and among other things, families and persons in need of emergency shelter (hereinafter referred to as the “Homelessness Program”).
- Requires the housing element to include the identification of zones that allow residential, including mixed uses, where emergency shelters and other interim interventions are allowed as a permitted use without a conditional use or other discretionary permit that are suitable for residential uses, as specified. Shelters and interim inventions may be subject to development and management standards that are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
- Establishes HHAPP to provide jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. Directs the Department of Housing and Community Development (HCD) to administer HHAPP.
- Empowers the recently formed Housing and Homelessness Accountability, Results, and Partnership Unit at HCD to monitor HHAPP expenditures, track outcomes, provide technical assistance and work with underperforming grantees on corrective action plans.
- Requires a jurisdiction that is not a tribe to apply as part of a region and be a signatory to a round six regionally coordinated homelessness action plan that has been approved by the HCD.
- Requires that a regionally coordinated homelessness action plan (Regional Plan) include:
- Identification and analysis of the specific roles and responsibilities of each participating jurisdiction in the region as specified.
- A list of the most recent system performance measures for the region, which shall include age, racial, and ethnic disparities, as specified.
- A system performance and improvement plan (Improvement Plan) with a description of key actions the region intends to take to improve system performance measures. May include key actions from small jurisdictions in the region that elect to engage in the regionally coordinated homelessness action plan.
- Requires HHAPP applicants to demonstrate how the region will use available resources to sustain all existing and proposed interim housing investments within the region, as specified.
- Requires HCD to approve a plan when it determines that the plan includes specified components, including certain performance measures (SPMs) for the region as well as age, racial, and ethnic disparities for specified information, and a system performance and improvement plan.
- Requires HHAP to be used for evidence-based solutions that address and prevent homelessness among eligible populations, including any of the following:
- Permanent housing solutions that can prevent or serve those experiencing unsheltered homelessness, including rental subsidies, landlord incentives, move-in expenses, operating subsidies, supportive services for those in permanent housing, capital for permanent housing, and services coordination, as specified.
- Homelessness prevention, including: rental assistance, rapid rehousing, diversion support programs that prevent people from entering homelessness, as specified.
- Interim housing solutions that provide shelter for those experiencing unsheltered homelessness including: low barrier navigation centers, operating subsidies for existing congregate shelter sites, operating expense in new or existing non-congregate shelter sites, hotel or motel vouchers, services, capital funding to build new non-congregate shelter sites, capital funding for enhanced congregate or non-congregate shelters, youth focused services in transitional housing, improvements to shelters to lower barriers and increase privacy. New interim shelters must be low-barrier and comply with housing first principles.
- Non-housing solutions such as street outreach, evidence based engagement services, intensive care management services, harm reduction services, and housing navigation centers.
- Requires applicants, beginning with the third round of HHAPP, to provide the following information for all rounds of program allocations through a data collection, reporting, performance monitoring, and accountability framework:
- Data on the applicant’s progress towards meeting their outcome goals, which must be submitted annually on December 31 of each year through the duration of the program;
- If the applicant has not made significant progress toward their outcome goals, the applicant must submit a description of barriers and possible solutions to those barriers;
- Applicants that do not demonstrate significant progress towards meeting outcome goals must accept technical assistance from HCD and may also be required to limit the allowable uses of these program funds;
- A quarterly fiscal report of program funds expended and obligated in each allowable budget category approved in their application for program funds; and
- If the applicant has not made significant progress toward their outcome goals, then the applicant must report on their outcome goals in their quarterly report.
- Requires HCD to post a statewide report that aggregates each applicant’s outcome goals into a single statewide set of metrics.
- Pursuant to the Behavioral Health Services Act (BHSA), requires each county to prepare and submit an integrated plan, including sections for specified programs and services, such as services provided through federal grants or other county mental health and substance use disorder programs, and annual updates to the Behavioral Health Services Oversight and Accountability Commission and the State Department of Health Care Services.
This bill:
1) Adds the following requirements to the data required in the Homelessness Program as part of the housing element, for all non-HHAPP recipients:
- An itemized list of the specific federal, state, and local resources available to assist individuals who are unhoused, including interim and permanent housing, including mental and behavioral health services.
- A description of the actions taken by the local government to connect individuals who are unhoused to the resources described in (a).
- The most up-to-date data on the population of individuals who are unhoused, which shall include all of the following:
- The number of individuals who are unhoused.
- The average length of time individuals are unhoused.
- The number and percentage of unhoused individuals that moved into permanent housing.
- The number of people who become unhoused after moving into permanent housing.
- The number of people who became unhoused for the first time.
- The number of people who become unhoused after exiting institutional settings, including, but not limited to, jails, prisons, and hospitals.
- The data specified in (c) shall be disaggregated by age, racial, and ethnic demographics.
- A description of key actions that will be taken to reduce individuals who are unhoused based on the data points described in (c)
- Actions taken to coordinate with cities in the region, counties or council of governments, and identification and analysis of the specific roles and responsibilities regarding outreach and site coordination, siting and use of available land, the development of shelter, interim, and permanent housing options, and the coordination and connection to the delivery of services to individuals who are unhoused, or at risk of becoming unhoused, including specifying roles and coordination plans in relation to the Mental Health Services Act or Behavioral Health Services Act, within the region.
- Programs that prevent individuals from becoming unhoused and other actions taken to prevent vulnerable populations from becoming unhoused, such as current and former foster youth, veterans, persons exiting the judicial system, and persons with special housing needs.
2) Creates a HHAPP round seven and requires an applicant to be a signatory to a regionally coordinated homeless action plan.
3) Requires a Homeless Action plan, as reflected in a memorandum of understanding, to include all of the following:
- For cities, an inventory of existing and planned city-operated shelters, as specified.
- The expected costs for city-operated shelters:
i) Counties shall coordinate with cities to determine these expected costs, and cities shall provide counties with estimates of annual total cost to operate shelters.
ii) Beginning January 1, 2026, expected costs shall not exceed 125% of the most recent 3-year average of the annual costs to operate the city’s shelters.
c) A commitment by counties to contribute at least 50% of the expected costs identified in (b), including but not limited to: social services; assistance with services, infrastructure and capacity building; and staff and contractors.
4) Requires HCD to submit the update on their round seven coordinated action plan with the provisions in (3) above, and requires HCD to approve or disapprove the update as specified.
5) Provides that a Board of Supervisors may adopt a resolution to determine if compliance with (3) is infeasible and whether the county has made attempts to obtain maximum funding available to the county. This shall be reviewable by HCD, and HCD shall determine what contribution percentage is feasible.
6) Authorizes HCD to withhold 50% of HHAPP funds until HCD determines the Homelessness Plan is in compliance.
7) Requires the integrated plan, as required under the BHSA, to include specified program data contained in HHAPP round seven.
Background
Homelessness: stats and causes. According to the most recent point in time (PIT) count, 187,084 people were experiencing homelessness in California—representing 30% of the nation’s homeless population. Two-thirds of the homeless population in California is unsheltered. Over half (51%) of all unsheltered people in the United States were in California. A lack of affordable housing is the biggest contributor to homelessness. As housing costs continue to rise, rent becomes less affordable for lower-income households, who are forced to live beyond their means (paying more than 30% of income on housing costs) or are pushed out of their homes, leading to rapid increases in homelessness. Variation in rates of homelessness cannot be explained by variation in rates of individual factors such as poverty or mental illness; however, cities with higher rents and lower rental vacancy rates (i.e., tighter housing markets) are directly linked to higher per capita rates of homelessness.
The lack of affordable housing plays a significant role in causing individuals to become homeless or creates obstacles for individuals experiencing homeless to transition into stable housing. The need for and costs of housing have consistently outpaced the development of affordable housing for over 30 years. As of 2022, working at the minimum wage of $15/hour, a renter has to work 83 hours each week to afford a modest one-bedroom rental home at Fair Market Rent in California. The lack of supply is the primary factor underlying California’s housing crunch. To keep up with demand, HCD estimates that California must plan for the development of more than 2.5 million homes over the next eight years, and no less than one million of those homes must meet the needs of lower-income households (more than 640,000 very low-income and 385,000 low-income units are needed). For decades, not enough housing was constructed to meet need, resulting in a severe undersupply of housing. New construction of housing, both single family homes and apartments, continues to lag behind historical averages, and lags further behind the number of new units needed to meet housing demand.
Comments
1) Author’s statement. “On any given day in our state, close to 130,000 people live without a roof over their head. They live in community parks, canyons and riverbeds, and on sidewalks with their belongings. We need to work on solutions that treat unsheltered homelessness like the humanitarian crisis that it is. We know that more housing is the solution to homelessness, but the reality is that we are not building housing at the pace needed to make a real difference. We need more timely solutions that move people indoors now while they wait for permanent housing. San Jose Mayor Matt Mahan has shown the state that interim housing can be used to meet this need. In under two years, his administration has built nearly 1,000 new interim housing units. But people who have been homeless need help – job training, healthcare, and counseling for example -- to get back on their feet. These services are expensive to provide and can be a barrier for cities seeking to build more interim housing. SB 16 requires counties to partner with cities to cover the cost of interim housing operations, clearing the path to get California’s unsheltered into shelter.”
2) The Solutions to California’s Homelessness Crisis. The overwhelming evidence shows that the solution to homelessness is providing more habitable, stable, and permanent housing at all income levels, and in particular, more housing affordable to the lowest income earners. While increasing the supply of affordable housing is the priority solution to the homelessness crisis, there is a spectrum of housing solutions that different levels of governments should offer, depending on the specific needs of the individual or family experiencing homelessness. For example, many families merely require temporary rental assistance to maintain housing or rapid rehousing to reconnect to permanent housing. Some populations require more intensive services in conjunction with permanent housing options. For those living on the streets or in encampments, a shelter can provide short-term, temporary respite. Shelters generally have very low rates of exiting to permanent housing. Interim solutions, such as bridge housing communities and low barrier navigation centers, provide a spectrum of housing and healthcare services, particularly to marginalized communities and those with pets, and may be necessary while a more permanent solution (such as rental assistance or the construction of a new unit) can be attained. The end goal should always be connections to housing that is truly affordable, low barrier, permanent, safe, and habitable as quickly as possible.
Last year, homelessness increased 18% across the country; in California, however, homelessness only increased by 3%. While there is still much work to be done, this indicates a slow-down in an upward trend. Additionally, two particular data points stick out:
- Between 2023 and 2024, California had the largest reduction in the number of veterans experiencing homelessness in the nation, with 1,279 fewer veterans experiencing homelessness on a single night in January in 2024 than in 2023 (8% reduction year over year).
- Between 2023 and 2024, California had the largest reduction in the number of unaccompanied youths experiencing homelessness in the nation, with 1,121 fewer unaccompanied youth experiencing homelessness on a single night in January 2024 than in January 2023.
According to the UCSF Benioff Homelessness and Housing Initiative (UCSF Benioff), the reason for the reduction in veteran homelessness is because the state has adequately scaled the evidence-based responses — which include Housing First, or housing subsidies paired with appropriate services[1]. The same can likely be said for homeless youth, given consistent set asides within Homekey and HHAPP for this population. Additionally, UCSF Benioff states that while the overall increase in homelessness numbers are lower than the national trend, the enormous number of people experiencing homelessness in California reflects the ongoing crisis caused by the lack of affordable housing in California. Given the successes in overall reductions for veterans and homeless youth, we know how to address homelessness —which is to provide more permanent affordable housing options — but these actions must be scaled adequately and for all populations.
3) Shelter of last resort. While emergency shelters are one facet of the spectrum of interventions for people who experience homelessness, best practice models indicate that for conducting encampment resolution, placing homeless individuals in emergency shelters should only occur when a housing placement (either interim or permanent) is not possible[2]. These are some of the reasons why:
- Shelters have requirements that present barriers to entry. Many are unable to access emergency shelters based on family status, gender, age, substance use, and pet ownership, which can exclude vulnerable populations and create barriers to accessing safe housing. For example, a mother with teenaged boys could be excluded from a women-only shelter.
- Shelters are reportedly unsafe. Additionally, what happens in those shelters is largely a black box. No state agency keeps an updated list of how many shelters are operating and there is no state licensing agency. The U.S. Department of Housing and Urban Development tracks numbers of emergency shelter beds and how long people live in them, but does not track resident deaths, health, or safety. Many shelter users have reported physical and sexual assaults, child abuse, mold, and repeated exposure to pneumonia and other public health hazards. Vulnerable populations —especially women and children —often elect to live outside, believing this to be a safer choice than utilizing an emergency shelter. Additionally, annual shelter death rates have tripled between 2018 and mid-2024. A total of 2,007 people died during this period, according to data obtained from the California Interagency Council on Homelessness.
- Shelters have a poor record of solving homelessness. A follow-up CalMatters report noted that shelters don’t result in successful housing exits; California’s shelters delivered housing for just 22% of residents from 2018 to early 2024. In 2024 in San Diego, for example, of the 3,555 households entering shelters, 18% exited to permanent housing and 8% exited to temporary situations. From 2023-24, the average length of shelter stay before entering permanent housing increased from 143 days to 184 days. The current wait for permanent housing in 2025 is 245 days. In 2023 and 2024, however, of those served by permanent housing in San Diego, 91% have thus far maintained their permanent housing.
- High vacancy rates. A recent audit of the Los Angeles Homeless Services Authority (LAHSA) found that an average of one in four city-funded shelter beds for people experiencing homelessness went unused, costing Los Angeles taxpayers about $218 million over five years[3].
In 2021, following earlier reports of maggots, flooding, and sexual harassment in shelters, the state Legislature passed AB 352 (Quirk-Silva, Chapter 395), which created a new system requiring local governments to inspect the facilities after health and safety complaints and file annual reports on shelter conditions, including plans to fix safety and building code violations. According to a recent CalMatters article, residents of a temporary shelter in San Diego reported that the roof leaked during rain; one resident alleged that “since she didn’t have a door to lock and witnessed widespread drug use and unpredictable outbursts.[4]” According to the CalMatters article, the City of San Diego “had received five complaints since the shelter law was passed, and that ‘city staff are working on’ evaluating why a state report had not been filed.”
4) Recent state investments: prioritizing long-term housing solutions. Though the evolution of HHAPP, the Legislature and Governor have taken steps to reduce the amount of funding that may be expended on new and existing shelters and in particular, non-congregate shelters and instead sought to prioritize investments in permanent housing and prevention activities. For example, in round four, recipients could use funds for interim solutions – i.e., enhancements to congregate shelters or new or existing non-congregate shelter operations – if the applicants could prove the need, as specified. Additionally, funds could only be used for low-barrier navigation centers that complied with Housing First principles. Round five applicants were required to spend at least 50% of their funds on permanent or interim housing activities. In order to expend funds on interim solutions, applicants were required to have met housing element compliance milestones, prohousing designation or a commitment to apply, alignment with U.S. Interagency Council on Homelessness Seven Principles for Addressing Encampments, and local surplus land commitments or technical assistance requests for affordable housing. Beginning in round six, regions must have a plan to sustain all interim housing through the grant term. If new interim or nonhousing uses are proposed, they must also have a plan to sustain all existing and planned permanent housing within the region through the grant term.
5) Housing elements: homelessness programs. In general, a housing element must identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet its share of the RHNA, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development. As part of the process to identify adequate sites, a city or county first prepares an inventory of existing sites zoned for housing. It must also determine what portion of the jurisdiction’s very low-income need comprises the needs of extremely low-income households. In assessing the need for extremely low-income housing (ELI), the locality may either conduct an independent analysis or assume that the need is 50% of the regional need allocation for very low-income (VLI) housing.
An analysis of the homeless and unhoused population is essential to determining the need for emergency shelters and transitional housing. The analysis is required to include estimates of numbers and types of households (e.g., single men, single women, families, and persons with disabilities, including people with impairments related to substance abuse), a description of needs, resources available to meet those needs and a description of program or policy options for addressing the need. According to HCD guidance, it should also include an estimate of units/beds/vouchers currently available to assist this population. The emergency shelter need must be based on both annual and seasonal need to ensure that communities provide for sufficient shelter during periods of cold and inclement weather.
6) HHAPP Generally. The HHAPP was created to provide jurisdictions with one-time grant funds expand or develop local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. Program funds can be used for services for those experiencing homelessness or at risk of homelessness, such as rapid rehousing, operating subsidies, street outreach, services coordination, delivery of permanent and innovative housing solutions, and homelessness prevention. HHAPP replaced a prior program, the Homeless Emergency Aid Program (HEAP), which also provided block grants to large cities and Continuums of Care (CoCs) for a variety of solutions addressing homelessness. Large cities (with a population of 300,000 or more), counties, CoCs, and tribes can apply for HHAPP funding. HCD recently made the applications for HHAPP round six available to eligible applicants.
7) HHAPP Accountability Measures, Regional Coordination, and Performance Metrics. Beginning with round four, HHAPP included robust accountability provisions, including the requirement that applicants develop a Regional Plan and performance goals. In addition, beginning with HHAPPP round five, regions must to submit a joint application, Regional Plan, and set outcome goals that prevent and reduce homelessness over a three-year period, informed by the findings from a local landscape analysis and the jurisdiction's base system performance measure from 2020 calendar year data in the state Homeless Data Integration System (HDIS).
The Regional Plan includes all of the following:
- Identification and analysis of the specific roles and responsibilities of each participating jurisdiction in the region as specified.
- A list of the most recent system performance measures for the region, which shall include age, racial, and ethnic disparities for specified information.
- A system performance and improvement plan with a description of key actions the region intends to take to improve system performance measures. May include key actions from small jurisdictions in the region that elect to engage in the regionally coordinated homelessness action plan.
- All applicants must demonstrate how the region will use available resources to sustain all existing and proposed interim housing investments within the region.
The outcome goals included metrics, based on the United States Department of Housing and Urban Development's SPMs, to do the following:
- Reduce the number of persons experiencing homelessness;
- Reduce the number of persons who become homeless for the first time;
- Increase the number of people exiting homelessness into permanent housing;
- Reduce the length of time persons remain homeless;
- Reduce the number of persons who return to homelessness after exiting homelessness to permanent housing; and
- Increase successful placements from street outreach.
Further, round six prioritizes homelessness prevention, permanent housing, and operational support for existing interim housing over uses of HHAPP funds that do not directly provide housing.
8) Increasing transparency and regional coordination statewide. This bill would build upon the regional coordination efforts and increased data transparency required for big cities and counties that apply for HHAPP funds by requiring housing element homelessness programs to provide information about key actions taking locally and in coordination with the region.. Specifically, this bill would require any local government that is not a HHAPP recipient to provide an itemized list of all public funds available to assist the homeless (including for housing and mental and behavioral health); actions taken to connect homeless individuals to available funds; specified data on people experiencing homelessness; actions taken to reduce overall homelessness; actions taken to coordinate within the region; and a description of any local homelessness programs and actions taken to prevent vulnerable populations from becoming unhoused.
According to some HHAPP recipients, the regional coordination requirements have already incentivized some smaller, non-HHAPP recipients to engage with broader regional coordination efforts. Prompting all local governments – specifically non-HHAPP recipients – to think holistically about their programs and existing funds and to engage with broader regional efforts could create bridges and increase more seamless coordination amongst all local governments. Additionally, these new data points create more transparency around the availability of public sources and programs already in place to assist people experiencing homelessness.
Given this bill will apply statewide, and will be required of all local governments of varying sizes and levels of sophistication, the author has agreed to the following amendments to provide added flexibility, particularly for lower-resource communities:
- Remove demographic data requirements that likely are not available to smaller cities and already available through local homeless management information system (HMIS) data.
- Remove a requirement to identify programs that prevent individuals from becoming unhoused related to vulnerable populations as these are programs that are most likely to be provided at the county level and not smaller cities.
- Add a requirement for cities to provide a description of key actions that will be taken to prevent individuals from becoming homeless.
- Add a provision authorizing actions taken to coordinate with the region can also include engagement with the creation of the regional action plans contained in HHAPP.
- Add a provision for cities to provide a description of actions taken to reduce barriers and expedite the approval processes for interim and permanent housing developments.
The League of California Cities, in their “oppose unless amended” letter, recommend that, instead of adding additional requirements to the housing element, another way to encourage smaller cities to engage in regional planning for homelessness would be to require all cities to participate in the HHAPP regional planning process. As noted above, some smaller cities are already doing so, and are permitted to do so now under HHAPP; but requiring them to engage through the Regional Action Plan process under HHAPP would achieve the same goals and possibly in a more streamlined fashion. Moving forward, the author may wish to consider requiring all non-HHAPP funded jurisdictions to participate in the Regional Action Plan process.
9) Diverting county service funds to shelters and rescinding accountability measures. In lieu of the robust accountability measures and requirements to reduce overall homelessness numbers — e.g., the Regional Plan and requirements to meet SPMs to comprehensively reduce homelessness with evidence based metrics—this bill would instead require a plan that focuses solely on investments and diversions of county funds to city-run shelters. Specifically, the Action Plan under this bill requires an inventory of existing and planned city-operated shelters, the expected cost for those shelters, and a commitment by counties to contribute 50% of the expected costs. These provisions would allow for more funds than past years to be directed to shelter operation, instead of reducing those investments and instead focusing on longer-term solutions, which are more effective at ending and preventing homelessness.
It is not clear how these provisions would work in practice, because each city has varying shelter capacity. It is clear, however, that this bill would require increased spending on emergency shelters, and would divert critical county service dollars towards emergency shelters instead of other uses. It is also possible that, in order to meet the requirements of this bill, counties would divert funds outside of their HHAPP funds to cities, instead of providing services for other needs.
As noted above, this bill would reverse course from past practice to incentivize investments into evidence-based housing solutions for homelessness (such as interim and permanent housing and prevention measures) to funding homeless shelters, which have little success in solving homelessness. This bill also removes critical accountability measures from the HHAPP program that the Legislature and public have come to expect. In addition to diverting county resources from HHAPP to city shelters, it could redirect other county service dollars towards shelters away from responding to other behavioral, physical, and mental health issues. The author has agreed to remove these provisions, as well as changes to the Behavioral Health Services Act, from the bill.
10) Identifying statewide needs to end homelessness. Cal-ICH recently published a statewide Action Plan for Preventing and Ending Homelessness[5]. The purpose of the Plan is to organize and assess statewide investments, ensuring that efforts are strategic, measurable, and aligned with our shared vision. The plan outlines several Action Plan Goals that are intended to drive the outcomes for state investments and how Cal-ICH members should measure progress and success.
What is lacking in this action plan, however, is what actions and investments are required for the state to end and prevent homelessness moving forward, rather than merely reviewing and assessing past actions and investments. While these lookbacks are critical to ensure funding is being invested effectively, the state has not conducted a statewide assessment of what it would take to end homelessness for good. In lieu of the provisions contained in HHAPP, the author is proposing to add a requirement for the state to conduct a statewide assessment of what funding and actions would be required to end and prevent homelessness in 10 years. This “Statewide Strategy to End and Prevent Homelessness” would be due back to the Legislature by December 1, 2027 and contain the following information:
- The number of people experiencing homelessness and the number of people expected to fall into homelessness over the next 10 years.
- The unmet housing and service needs among the populations in (a).
- The evidence based interventions required to meet the housing and services needs of the populations in (a).
- The funding required to offer interventions at a scale great enough for the populations in (a).
- The estimates of existing resources, including local resources, that could be used to meet the needs of the populations in (a).
- Remaining resources required to end homelessness among the populations identified in (a) after taking into consideration the funding in (e). This can include the funding necessary for a spectrum of interventions, from interventions to keep people safe while homeless to evidence based practices to end homelessness, including but not limited to shelters, interim and permanent housing and service solutions.
- Actions that state and local governments need to take in order to create the resources in (f) and recommendations to the Legislature for how and when to accomplish those goals.
11) Opposition. Several counties, including the California State Association of Counties, Rural County Representatives of California, the Urban Counties of California, and the County Behavioral Health Directors Association are opposed to the provisions in this bill that require counties to pay for at least half of the estimated costs to operate city shelters. They note that this mandate would only focus on one aspect of the state’s homeless response system and does o in a way to put other programs and services at risk, and make it more difficult to move homeless individuals into permanent housing. They assert counties have “obligated more than twice the amount of HHAPP funds to permanent housing than big cities despite receiving the smallest share of each round of HHAPP funds.”
The League of California cities is opposed to new requirements in the housing element, specifically, as noted above, to data point that are obtained in collaboration with counties. They request amendments that would instead add smaller (non-HHAPP recipient) cities to be required to participate in the Regional Action Plan part of the HHAPP process.
12) Double-referral. This bill was also referred to the Senate Health Committee, which has jurisdiction over the BHSA.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 16.)
SUPPORT:
Bay Area Council (SPONSOR)
New California Coalition (SPONSOR)
City of San Diego
OPPOSITION:
California State Association of Counties (CSAC)
City of Del Mar
City of Dinuba
City of Garden Grove
City of LA Palma
City of Lake Forest
City of Los Alamitos
City of Oceanside
City of Mission Viejo
City of Placentia
City of Stanton
City of Tulare
Contra Costa County
County Behavioral Health Directors Association (CBHDA)
County of Fresno
County of Kern
County of Madera
County of Merced
County of Monterey
County of San Bernardino
County of San Diego
County of Shasta
County of Sonoma
County of Sonoma Department of Health Services
County of Tulare
County Welfare Directors Association of California (CWDA)
Madera County Board of Supervisors
Monterey County Department of Social Services
Rural County Representatives of California (RCRC)
Urban Counties of California (UCC)
-- END --
Margot Kushel. Statement by UCSF Benioff Homelessness and Housing Initiative Director Dr. Margot Kushel on 2024 Point-In-Time Homeless Count. December 28, 2024. Accessible here: https://homelessness.ucsf.edu/resources/press-release/statement-Kushel-PIT-count ↑
UCSF Benioff Homelessness and Housing Initiative. Encampment Resolution Guide. September 2024. Accessible here: https://homelessness.ucsf.edu/resources/toolkit/encampment-resolution-guide ↑
https://firebasestorage.googleapis.com/v0/b/lacontroller-2b7de.appspot.com/o/PH%20Pathways_LAHSA%20Final_12.10.2024.pdf?alt=media&token=0f6681b8-a28b-44ed-8bfa-e040fd2a127f ↑
Lauren Heplker. California passed a law to fix unsafe homeless shelters. Cities and counties are ignoring it. July 17, 2024. https://calmatters.org/housing/homelessness/2024/07/california-homeless-shelters/
Cal-ICH. Action Plan for Preenting and Ending Homelessness (2025-2027). Accessible here: https://www.bcsh.ca.gov/calich/documents/action_plan.pdf ↑
Discussed in Hearing
Senate Floor
Assembly Floor
Assembly Standing Committee on Judiciary
Assembly Standing Committee on Health
Senate Floor
Senate Standing Committee on Housing
Bill Author
Bill Co-Author(s):