HomeMy WebLinkAboutCity Council Position on Legislation Pending Before Congress (35) ... �6VED 7-o
City of Huntington Beach
File #: 20-1853 MEETING DATE: 9/8/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Oliver Chi, City Manager
Subject:
City Council Position on Legislation Pending Before Congress and the State Legislature as
Recommended by the City Council Intergovernmental Relations Committee (IRC)
Statement of Issue:
On August 19, 2020, the Intergovernmental Relations Committee (IRC), comprised of Mayor Lyn Semeta and
Council Member Patrick Brenden, met to discuss pending Federal and State legislation. The Committee is
recommending that the City Council take the following positions: Oppose AB 685 (Reyes); Oppose AB 2967
(O'Donnell); and Oppose AB 3269 (Chiu).
Financial Impact:
There is no fiscal impact.
Recommended Action:
A) Approve a City position of Oppose on Assembly Bill 685 (Reyes) - Require occupational safety
notification if an employee is exposed to COVID-19-1 and,
B) Approve a City position of Oppose on Assembly Bill 2967 (O'Donnell) - Prohibits contracting
agencies from amending their contracts with CalPERS to exclude groups of employees; and,
C) Approve a City position of Oppose on Assembly Bill 3269 (Chiu) - State and local agencies:
homelessness plan.
Alternative Action(s):
Do not approve the recommended legislative positions and direct staff accordingly.
Analysis:
On August 19, 2020, the IRC met to discuss pending Federal and State legislation, in addition to
Administrative Items. The Committee reviewed the 2020 State Legislative Matrix provided by the City's
Federal and State Advocate, Townsend Public Affairs. The following is an analysis of the bills that the
Committee chose to take the following positions on:
OPPOSE - AB 685 (Reyes) - Require occupational safety notification if an employee is exposed
to COVID-19
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File #: 20-1853 MEETING DATE: 9/8/2020
AB 685 would require employers to provide specified notices to employees, the Division of
Occupational Safety and Health (DOSH) within the Department of Industrial Relations (DIR), the
Department of Public Health (DPH), and others if an employee is exposed to COVID-19. Employers
would be required to take the following actions within 24 hours that the employer knew or reasonably
should have known of exposure to the employee:
o Provide a notice to all employees at the worksite where the exposure occurred that they may
have been exposed to COVID-19
o Notify the employee's union, if applicable
o Notify all employees and the union, if any, of options for exposed employees, including COVID-
19-related leave, company sick leave, state-mandated leave, supplemental sick leave, or
negotiated leave provisions
o Notify Cal/OSHA of the number of employees by occupation with a COVID-19 positive test,
diagnosis, order to quarantine, or death that could be COVID-19 related
o Notify DPH and the appropriate local public health agency of the number of employees by
occupation with a COVID-19 positive test, diagnosis, order to quarantine, or death that could be
COVID-19 related
The bill would provide that any failure to provide any of the required notifications is a misdemeanor that
is punishable by a ten thousand dollar ($10,000) fine.
➢ OPPOSE - AB 2967 (O'Donnell) - Prohibits contracting agencies from amending their contracts
with CaIPERS to exclude groups of employees
AB 2967 would prohibit a contracting public agency from amending its contract with CalPERS to
exclude groups of its employees. In 2019, the City of Placentia amended its contract with CalPERS to
remove the "Fire" category; thus, when the City created its own Fire and Life Safety Department, all
new fire employees were not members of CalPERS. Instead, the City offered a 401(a) style defined
contribution plan. This bill does not prohibit an amendment to a contract that enumerates or clarifies
provisions related to groups of employees in a manner that does not expand those already subject to
exclusion. Current PERL states that employers may classify all or part of their workforce in their
CalPERS contract. This bill would remove that provision.
➢ OPPOSE -AB 3269 (Chiu) - State and Local agencies: homelessness plan
AB 3269 would establish the Housing and Homelessness Inspector General (Inspector General)
independent position within the California Department of Housing and Community Development (HCD).
It also requires the Homeless Coordinating and Financing Council (HCFC) to conduct a statewide
needs and gaps analysis to identify state programs that provide housing or services to persons
experiencing homelessness, and create a financial model that will assess the investment needs
required to move those persons into permanent housing. Each local agency would be required to
submit a specified actionable county-level plan, including local gaps analyses, for meeting specific
annual benchmarks to HCD by January 1, 2022. Each city in the local agency's jurisdiction is
mandated to participate in the county-level plan, and the local agency must seek active participation of
all homeless Continuum of Care Programs serving the area. HCD would be required to set a
benchmark goal to reduce homelessness for the state, based on the statewide gaps and needs
analysis, and to work with local agencies to identify appropriate benchmark goals to reduce
homelessness for each local agency and their cities, based on the county-level plan for meeting annual
benchmarks. Finally, the state and each local agency would need to submit an annual progress report
to HCD regarding progress and implementation of the adopted plan, as well as any proposed
amendments.
Environmental Status:
Not applicable.
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File #: 20-1853 MEETING DATE: 9/8/2020
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. AB 685 (Reyes)
2. AB 2967 (O'Donnell)
3. AB 3269 (Chiu)
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AMENDED IN SENATE JUNE 29, 2020
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 685
Introduced byAssembl Member Reyes
(Principal eoauthor: Assembly Member Waldron)
(Coanthor.,Assembty Member Gloria)
February 15, 2019
An act to add Section 6214.4 to the Bttsiness and Professions eade,
and to at rend Seetions 317 an 395 of the v elfi re and lfts`iftAionss
b to itweiti 6406.9 to the Labor Code, relating to
occupational safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 685, as amended, Reyes. Stwetiiles: Indian tribes., eatmsel.
Occupational safety: COVID-19 exposure: notification.
Existing law requires an employer to file a report of every
occupational injury or occupational illness, as defined,of each employee
that results in lost time beyond the date of the injury or illness, and that
requires medical treatment beyond first aid, with the Department of
Industrial Relations, on a form prescribed by the department. Existing
law requires an employer to immediately report a serious occupational
injury, illness, or death to the Division of Occupational Safety and
Health by telephone or email, as specified.
Existing law makes a violation of certain of these provisions a crime.
This bill would require a public or private employer to provide
specified notifications to its employees, the Division of Occupational
Safety and Health, and the State Department of Publ is Health, relating
to the exposure of its employees to COVID-19 that the employer knew
of or should have reasonably have known of,as specified. The bill would
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AB 685 --2—
define "exposure to COVID-19."The bill would make it a misdemeanor
if an employer violates the notification requirements of these provisions.
Because a violation of these provisions would be a crime, this bill would
impose a state-mandated local program.
The bill would require the Division of Occupational Safety and Health
and the State Department of Public Health to make the information
publicly available on their internet websites, as specified.
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 no reimbursement is required by this act
for a specified reason.
Existing 1 :t attorney or law firm that reeeives or disburses
AeeouM (IOE4A�,and to deposit in the aeeottnt all elient deposits or.
Rmds that are notninal in amount or are on deposit or invested for a
short period oF time,the irAerest at4 dividend earitings on w-hieh afe to
be pai4 to the State Bar of GaRfentia to be used to Rtnd qttalified4ega4
�ets that provide free eivil legal serviees to indigent persons
and qualified sttpport eeftter8 t-het provide legal preeedures in these eases with regard to the right to notiee a
legal teehnieftl
matters tinder the federal Indiem Ghild W4f�re Aet of 1978. The bill
would prohibit the grafts ftom being awarded ttftil aft apMpriatieti e
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—3— AB 685
Budget Aet is mpressly identified for those puTasei�-.
afterner, publie def6nder, or other member of the bar, as speeified.
Existing law requires the 9�ddieial Getmeil to adopt traiting reqttirements
and sensitivity relating to, and best praetiees f6r, providing adequate
Bare.
etthtffal eampeteney and sensitivity relating to, and best praetiees T+is bill would require the adoption of trainin is th
This bill w(mid require the eourt ofappeal W appoint separate eet"sel
for a ehild's Indian tribe, at the request of the &ibF-, ellat
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: eyes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) As COVID-19 continues to ravage California, one of the
4 best tools available for limiting exposure and minimizing spread
5 is to gather thorough and accurate data.
b (b) As the average age of those falling ill from COVID-19 has
7 become younger, it is critical to track workplace exposure and to
8 use that data to find ways to keep workers safe on the job.
9 (c) With infections and deaths disproportionately high in the
14 Latino, Black, and Asian-Pack Islander communities, more
11 information about workplace illness and industry clusters can
12 inform policy makers in addressing healthcare disparities and
13 protecting vulnerable workers.
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AB 685 —4-
1 (d) Current law lacks clarity as to an employer's reporting
2 requirements, including to their own workforce. This deficiency
3 has led to workers and members of the public living in fear for
4 their own safety, unaware of where outbreaks may already be
5 occurring.
6 (e) Consistent with California's efforts to track and trace
7 COVID-19 cases, it is imperative that positive COVID-19 tests or
8 diagnoses be reported immediately in the occupational setting, to
9 members of the public, and to relevant state agencies.
10 SEC. 2. Section 6409.6 is added to the Labor Code, to read:
11 6409.6. (a) If any employee is exposed to COVID-19, the
12 employer shall take all of the following actions within 24 hours
13 that the employer knew or reasonably should have known of
14 exposure to the employee:
15 (1) Provide a notice to all employees at the worksite where the
16 exposure occurred that they may have been exposed to COVID-19.
17 This notification shall be,at a minimum, in writing in both English
18 and the language understood by the majority of the employees.
19 Employers shall also make every reasonable effort necessary to
20 notify workers verbally.
21 (2) Notify the exclusive representative, if any. This notification
22 shall be, at a minimum, in writing in both English and the language
23 understood by the majority of the employees.Employers shall also
24 make every reasonable effort necessary to note the exclusive
25 representative verbally.
26 (3) Note all employees and the exclusive representative, if any,
27 of options for exposed employees including COVID-19-related
28 leave, company sick leave, state-mandated leave, supplemental
29 sick leave, or negotiated leave provisions.
30 (4) Notify all employees and the exclusive representative, if any,
31 on the cleaning and disinfecting plan that the employer plans to
32 implement prior to resuming work.
33 (5) Note the Division of Occupational Safety and Health,
34 pursuant to subdivision (b) of Section 6409.1, of the number of
35 employees by occupation with a COVID-19positive test, diagnosis,
36 order to quarantine, or death that could be COVID-19 related.
37 (6) Notify the California Department of Public Health and the
38 appropriate local public health agency of the number of employees
39 by occupation with a COVID-19 positive test, diagnosis, order to
40 quarantine, or death that could be COVID-19 related.
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1 (b) "Exposed to COVID-19 "means exposure to a person with
2 any of the following:
3 (1) A positive COVID-19 test.
4 (2) A positive COVID-19 diagnosis from a licensed health
5 provider.
6 (3) A COVID-19-related order to quarantine from a licensed
7 health provider.
8 (4) A fatality that was or could have been caused by COVID-19.
9 (c) The Division of Occupational Safety and Health and the
10 State Department of Public Health shall make information received
11 pursuant to this section available on their respective internet
12 websites in a manner that allows the public to track outbreaks,
13 the number of COVID-19 cases reported by any workplace, and
14 the occupation of employees involved. The State Department of
15 Public Health shall also establish a procedure for employers to
16 report COVID-19 cases and make this information available on
17 its internet website.
18 (d) This section shall apply to bothprivate and public employers.
19 (e) Failure to provide any of the required notifications shall
20 constitute a misdemeanor and be punishable by a ten thousand
21 dollar($10,000)fine.
22 SEC. 3. No reimbursement is required by this act pursuant to
23 Section 6 of Article XIII B of the California Constitution because
24 the only costs that may be incurred by a local agency or school
25 district will be incurred because this act creates a new crime or
26 infraction, eliminates a crime or infraction, or changes the penalty
27 for a crime or infraction, within the meaning of Section 17556 of
28 the Government Code, or changes the definition of a crime within
29 the meaning of Section 6 of Article .XIIIB of the California
30 Constitution.
31
32
33 All matter omitted in this version of the bill
34 appears in the bill as introduced in the
35 Assembly, February 15, 2019. (JR11)
36
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AMENDED IN SENATE JULY 28,2020
AMENDED IN SENATE JUNE 29, 2020
AMENDED IN ASSEMBLY MAY 4, 2020
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 2967
Introduced by Assembly Member O'Donnell
(Coauthor:Assembly Member Chen)
February 21, 2020
An act to amend Sections 20460 and 20502 of the Government Code,
relating to public employees'retirement.
LEGISLATIVE COUNSEL'S DIGEST
AB 2967, as amended, O'Donnell. Public Employees' Retirement
System: contracting agencies: exclusion from membership.
Existing law, the Public Employees' Retirement Law (PERL),
establishes the Public Employees' Retirement System (PERS), which
provides a defined benefit to members of the system, based on final
compensation,credited service,and age at retirement,subject to certain
variations.PERS is administered by the Board ofAdministration of the
Public Employees'Retirement System.
PERL authorizes a public agency to contract to make all or part of
its employees members of PERS, subject to specified conditions, and
requires membership in PERS to be compulsory for all employees
included under a contract. Existing law prohibits these contracts from
providing for the exclusion of some,but not all,firefighters and specified
public safety officers.With regard to other groups of employees,existing
law requires that they be based on general categories, such as
departments or duties, and not on individual employees.
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AB 2967 —2—
This bill would delete provisions of PERL that generally authorize a
public agency contracting with PERS to make all or part of its employees
members of the system. The bill would generally prohibit exclusions
of groups of employees from being made by amendment of a public
agency contract with4lER-S:PERS, except as provided. The bill would
apply these provisions to contracts entered into,amended,or extended
on and after January 1, 2020.2021.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 20460 of the Government Code is
2 amended to read:
3 20460. (a) Any public agency may participate in this system
4 by contract entered into between its governing body and the board
5 pursuant to this part.However,a public agency shall not enter into
6 the contract within three years of termination of a previous contract
7 for participation.
8 (b) The changes to this section made by the act adding this
9 subdivision shall apply to a contract entered into, amended, or
10 extended on and after January 1, 2020:2021.
11 SEC. 2. Section 20502 of the Government Code is amended
12 to read:
13 20502. (a) (1) The initial contract shall include in this system
14 all firefighters,police officers,county peace officers,local sheriffs,
15 and other employees of the contracting agency, except as
16 exclusions in addition to the exclusions applicable to state
17 employees may be agreed to by the agency and the board. The
18 contract shall not provide for the exclusion of some, but not all,
19 firefighters,police officers,county peace officers,or local sheriffs.
20 The exclusions of employees, other than firefighters, police
21 officers, county peace officers, or local sheriffs, shall be based on
22 groups of employees such as departments or duties, and not on
23 individual employees.-fie
24 (2) The exclusions of groups shall not be made by amendments
25 to contracts.MemkershipAn amendment to a contract to enumerate
26 or clarify provisions related to groups of employees in a manner
27 that does not expand those already subject to exclusion shall not
28 be considered an exclusion prohibited by this paragraph.
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1 (3) Membership in this system is compulsory for all employees
2 included under a contract.-44ris
3 (b) This section shall not be construed to supersede Sections
4 20303 and 20305.
5 (13)
6 (c) The changes to this section made by the act adding this
7 subdivision shall apply to a contract entered into, amended, or
8 extended on and after January 1,2020.2021.
O
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AMENDED IN SENATE JULY 2, 2020
AMENDED IN ASSEMBLY JUNE 4, 2020
AMENDED IN ASSEMBLY MAY 22, 2020
AMENDED IN ASSEMBLY MAY 4, 2020
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 3269
Introduced by Assembly Members Chitt and Santiago Chiu,
Santiago,Bloom, Bonta, and Quirk-Silva
(Coauthor.Assembly Member Wicks)
February 21, 2020
An act to amend--SeeTrot� Section 11552 aftd 1 of the
Government Code, and to add Sections 8257.1 and 8257.2 to, and to
add Chapter 6.6 (commencing with Section 8258)to Division 8 of,the
Welfare and Institutions Code,relating to homelessness.
LEGISLATIVE COUNSEL'S DIGEST
AB 3269,as amended, Chiu. State and local agencies:homelessness
plan.
Existing law establishes in state government the Business,Consumer
Services, and Housing Agency, comprised of the Department of
Consumer Affairs, the Department of Housing and Community
Development, the Department of Fair Employment and Housing, the
Department of Business Oversight, the Department of Alcoholic
Beverage Control,the Alcoholic Beverage Control Appeals Board,the
California Horse Racing Board,and the Alfred E.Alquist Seismic Safety
Commission.
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AB 3269 ---2—
Existing law requires the Governor to create the Homeless
Coordinating and Financing Council (referred to as "the coordinating
council")and to appoint up to 19 members of that council,as provided.
Existing law specifies the duties of the coordinating council,including
creating partnerships among state agencies and departments, local
government agencies,and specified federal agencies and private entities,
for the purpose of arriving at specific strategies to end homelessness.
This bill, upon appropriation by the Legislature or upon receiving
technical assistance offered by the federal Department of Housing and
Urban-De-aelopment,Development (HUD), if available, would require
the coordinating council to conduct, or contract with an entity to
conduct, a statewide needs and gaps analysis to, among other things,
identify state programs that provide housing or services to persons
experiencing homelessness and create a financial model that will assess
certain investment needs for the purpose of moving persons experiencing
homelessness into permanent housing. The bill would provide that the
council's obligation to conduct the statewide needs and gaps analysis
is fulled if a technical assistance provider from HUD conducts the
analysis on behalf of the council. The bill would require the council to
work with the technical assistance provider to complete the analysis.
The bill would authorize local governments to collaborate with the
coordinating council or other entity conducting the analysis upon an
appropriation by the Legislature to cover costs of the collaboration or
upon provision of technical assistance by the ftderal Department of
Haidsittg and Urban Development. HUD. The bill would also require
the coordinating council or any other entity conducting the analysis to
seek input from the coordinating council's members on the direction
of,design of data collection for,and items to be included in the statewide
needs and gaps analysis. The bill would require the council to report
on the analysis to specified committees in the Legislature by July 31,
2021. The bill would require the coordinating council or other entity
conducting the analysis to evaluate all available data,including,among
other things, data from other state departments and agencies. The bill
would require a state department or agency with a member on the
coordinating council to assist in data collection for the analysis by
responding to data requests within 180 days, as specified.
a eounty level plan f6t:meeting speeifie &rtnual benehmarks with eitF
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--3-- AB 3269
wottid require fite plan to inelude a gaps aftalysis pertaining--to
homelessness,as provided.The This bill would require the Department
of Housing and Community Development (department) to set a
benchmark goal in reducing homelessness by January 1,2028,for-eaeh
benehmar6 that progress toward the beneitw&4t goal.-.the state pursuant
to the statewide needs and gaps analysis. The bill would require the
department to approve or work with local agencies, as defined, to
identify, as provided, appropriate benchmark goals to reduce
homelessness for each local agency and cities within each local agency.
The bill would also require the department to set annual benchmarks
to meet these benchmark goals. The bill, on or before January 1, 2022,
would require each-state-and locales as defined,agency top
submit to the department an actionable county-level plan for meeting
speck annual benchmarks, with the goal of achieving the
state-identified benchmarkgoal. The bill would require each city in the
local agency's jurisdiction to participate in the plan, and each local
agency would be required to request and actively seek the participation
of all homeless continuums of care that serve the local agency's
jurisdiction. The bill would require the plan toinekde include, among
other things, a description and the amount of all funding sources the
state local agency, and any incorporated jurisdiction and continuum
of care,has earmarked or committed to addressing homelessness,mental
illness, and substance abuse within its jurisdietion, the amount-of
additional fidn4ing needed, and speeifie aetions that will be taken to
the betwhmark goal set by the depwtment.jurisdiction. The bill would
require-eaeh the state and each local agency to submit an annual progress
report to the department that details the progress and implementation
of the adopted plan and any amendments proposed to the plan.
This bill would require the department to review submitted plans and
provide feedback and recommended revisions. The bill would require
a the state or a local agency to either adopt those recommended
revisions, or adopt findings as to why the recommended revisions are
not needed. The bill would require the department to monitor the
implementation and progress of state and local agency plans. The bill
would require the department to notify the state or the local agency and
the inspector general if the agency fails, within a reasonable time, to
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AB 3269 —4—
make progress in accordance with their plan. The bill would provide
that an innovative project to test new programs, as described, shall be
deemed approved by the department if the department approves a plan
or plan amendment with the innovative project and the local agency or
city establishes and documents outcomes upon implementation of the
project.
This bill would establish L_Offiee of an independent state officer,
named the Housing and Homelessness Inspector General as
3
atid Housing
Agemr, tm4et: the stipervision of the Housing and Homelessness
Inspeetar General. General, within the department. The bill would
require the Governor to appoint the Housing and Homelessness Inspector
General, subject to confirmation by the Senate.The bill would, on and
after January 1,2022,authorize the inspector general to bring an action
against a state of laeal ageney the state, a local agency, or a city that
fails to adopt a plan or fails,within a reasonable time,to make progress
in accordance with their adopted plan. The bill, if the court finds that
the state or applicable state a local agency or city has not substantially
complied, would authorize the Housing and Homelessness Inspector
General to request the court to issue an order or judgment directing the
state or leeal ageney state, local agency, or city to substantially comply,
as provided.
The bill would authorize the inspector general to impose a civil penalty
on a state or leeal agett the state,a local agency, or a city that is found
to have deliberately and intentionally transported a homeless individual
to a different jurisdiction in order to reduce the number of homeless
individuals within their jurisdiction, as specified.
By requiring local agencies to submit a county-level plan for meeting
specific annual benchmarks relating to homelessness and to develop
and implement a homelessness plan to achieve the benchmark goal
developed by the ,
department, this bill would impose 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.
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) As of January 2019,California has had an estimated 151,278
4 people experiencing homelessness on any given day, as reported
5 by Continuum of Care to the United States Department of Housing
6 and Urban Development. This is the highest number since 2007,
7 and represents a 17-percent increase since 2018.
8 (b) African Americans are disproportionately represented among
9 California's homeless population. While 6.5 percent of
10 Californians identify as black or African American, almost 40
11 percent of the state's homeless population is African American,
12 far outpacing the rates of poverty among African Americans in
13 general. Similarly, indigenous populations have rates of
14 homelessness that are several times higher than among people
15 who are white, and rates of homelessness among Latinx
16 communities are rapidly rising.
17 (b�
18 (c) The vast majority of homeless Californians were unsheltered,
19 which is about 71 percent and the highest rate in the nation,
20 meaning that they were living in streets,parks, or other locations
21 not meant for human habitation.In 2018,among homeless veterans,
22 California had the nation's highest share that are unsheltered(67
23 percent),and among homeless youth,the share that are unsheltered
24 (80 percent)ranked second highest.
25 (e)
26 (d) As local communities work to house the unsheltered, more
27 people are falling into homelessness.Larger urban areas with high
28 numbers of people experiencing homelessness have reported that
29 more people are falling into homelessness than they are able to
30 house.
31 (4)
32 (e) In the City of Oakland, for every one person they are able
33 to house, two more are falling into homelessness.
34 {ej
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AB 3269 —6-
1 (0 In the County of Los Angeles, despite housing 20,000
2 homeless people in 2018, for every 133 people housed, 150 fall
3 into homelessness per day.
4 (4)
5 (g) In the City and County of San Francisco, for every one
6 person they are able to house, three more fall into homelessness.
7 fig)
8 (h) A growing percentage of the state's homeless population
9 are seniors who are experiencing homelessness for the first time.
10 Seniors who are on fixed incomes and who are severely rent
11 burdened have no potential for additional income.
12 (it)
13 (i) Once seniors are homeless,their health quickly deteriorates
14 and they use emergency services at a higher rate and face high
15 mortality rates.
16 0)
17 6) Fifty percent of seniors who are homeless become homeless
18 after 50 years of age.
19 6) Affiean Atnefieans are disproportionately found on
20 '
21 paptrlatiorris-Blaek.
22 (k) While comprehensive statewide data is lacking,local surveys
23 indicate that people living on the streets are typically from the
24 surrounding neighborhood.For example,70 percent of the people
25 experiencing homelessness in the City and County of San Francisco
26 were housed somewhere in the city where they lost housing,while
27 only 8 percent came from out-of-state. In addition, three-quarters
28 of the homeless population of the County of Los Angeles lived in
29 the region before becoming homeless.
30 (0 About 1,300,000 California renters are considered"extremely
31 low income," making less than twenty-five thousand dollars
32 ($25,000)per year.
33 (m) In many parts of the state, many lower income residents
34 are severely cost burdened,paying over 50 percent of their income
35 toward housing costs. One small financial setback can push these
36 individuals and families into homelessness.
37 (n) The Legislature has made the following investments in
38 affordable housing and homelessness response:
39 (1) In 2016, the Legislature passed and the voters approved
40 Proposition 63, known as the Mental Health Services Act, which
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1 generates two billion dollars($2,000,000,000)per year for mental
2 health services that can be used for people experiencing
3 homelessness.
4 (2) In 2017, Senate Bill 2(Chapter 364 of the Statutes of 2017)
5 established a recording fee for real estate documents that has
6 generated three hundred fifty million dollars ($350,000,000) per
7 year since its creation. Beginning this year, 70 percent of funds
8 from the recording fee go directly to cities and counties to use to
9 address affordable housing and homelessness.
10 (3) In 2017, the Legislature passed No Place Like Home to
11 authorize the use of two billion dollars ($2,000,000,000) in
12 Proposition 63 revenues in bonds for supportive housing for
13 chronically homeless individuals with mental illness.
14 (4) In 2018, the Legislature passed and the voters approved
15 Proposition 1, which authorized three billion dollars
16 ($3,000,000,000) in general fund bonds to increase the supply of
17 affordable housing around the state.
18 (5) Local governments have also passed general obligation
19 bonds to fund affordable housing, supportive housing, and
20 emergency shelters:
21 (A) In 2016, the voters of the City of Los Angeles passed
22 Measure HHH, which authorizes 1.2 billion dollars
23 ($1,200,000,000) to fund the construction of 10,000 supportive
24 housing units.
25 (B) In 2019, the City and County of San Francisco passed
26 Proposition A, which authorized six hundred million dollars
27 ($600,000,000) to support the creation of affordable housing.
28 (C) In 2019, the City and County of San Francisco passed
29 Proposition C,which authorizes a tax on gross receipts of business
30. with incomes of fifty million dollars ($50,000,000) or more to
31 fund affordable housing, supportive housing, and legal assistance
32 programs.
33 (6) The Legislature has also made policy changes to allow for
34 siting and building emergency shelters, affordable housing, and
35 supportive housing:
36 (A) In 2017,the Legislature passed Senate Bill 35(Chapter 366
37 of the Statutes of 2017), which created a streamlined process for
38 housing developments that include a percentage of affordable
39 housing.
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1 (B) In 2018,the Legislature passed Assembly Bill 2162(Chapter
2 753 of the Statutes of 2018), which established a streamlined
3 process for supportive housing developments.
4 (C) In 2018, the Legislature authorized five hundred million
5 dollars($500,000,000)for the Homeless Emergency Aid Program
6 to provide local governments with flexible block grant funds to
7 address their immediate homelessness challenges.
8 (D) In 2019,the Legislature passed Assembly Bill 101 (Chapter
9 159 of the Statutes of 2019),which streamlines navigation centers
10 that provide emergency shelter and services to people experiencing
11 homelessness.
12 (E) In 2019,the Legislature authorized six hundred fifty million
13 dollars($6 5 0,000,000)for the Homeless Housing,Assistance,and
14 Prevention Program one-time block grant that provides local
15 jurisdictions with funds to support regional coordination and
16 expand or develop local capacity to address their immediate
17 homelessness challenges.
18 (o) State and local government at all levels should be held
19 responsible for responding to homelessness and providing
20 permanent housing for the tinshe'` people experiencing
21 homelessness. In order to ensure state and local jurisdictions are
22 making best use of existing resources, and to determine the
23 additional resources needed to substantially reduce unsheltered
24 homelessness in California, the state should work with local
25 communities to determine the appropriate roles of each level of
26 government.
27 (p) To identify the types and levels of interventions the state
28 currently provides, and to arrive at strategies the state will pursue
29 to solve homelessness,the state must conduct a state gaps analysis.
30 The analysis should include an assessment of existing resources,
31 gaps in interventions needed to solve homelessness,and a financial
32 analysis of the costs of filling those gaps at a state level.
33 (q) There are few other areas of important public policy where
34 government efforts to achieve a compelling societal objective are
35 voluntary.
36 (r) The state required the state's utilities and public agencies to
37 meet a timetable for increasing their use of renewable energy,and
38 the state is achieving dramatic results.
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1 (s) Government at all levels should be obligated to spend
2 existing resources in the most efficient and expeditious manner to
3 reduce homelessness.
4 SEC. 2. Section 11552 of the Government Code is amended
5 to read:
6 11552. (a) Effective January 1, 1988, an annual salary of
7 eighty-five thousand four hundred two dollars ($85,402) shall be
8 paid to each of the following:
9 (1) Commissioner of Business Oversight.
10 (2) Director of Transportation.
11 (3) Real Estate Commissioner.
12 (4) Director of Social Services.
13 (5) Director of Water Resources.
14 (6) Director of General Services.
15 (7) Director of Motor Vehicles.
16 (8) Executive Officer of the Franchise Tax Board.
17 (9) Director of Employment Development.
18 (10) Director of Alcoholic Beverage Control.
19 (11) Director of Housing and Community Development.
20 (12) Director of Alcohol and Drug Programs.
21 (13) Director of Statewide Health Planning and Development.
22 (14) Director of the Department of Human Resources.
23 (15) Director of Health Care Services.
24 (16) Director of State Hospitals.
25 (17) Director of Developmental Services.
26 (18) State Public Defender.
27 (19) Director of the California State Lottery.
28 (20) Director of Fish and Wildlife.
29 (21) Director of Parks and Recreation.
30 (22) Director of Rehabilitation.
31 (23) Director of the Office of Administrative Law.
32 (24) Director of Consumer Affairs.
33 (25) Director of Forestry and Fire Protection.
34 (26) The Inspector General pursuant to Section 6125 of the
35 Penal Code.
36 (27) Director of Child Support Services.
37 (28) Director of Industrial Relations.
38 (29) Director of Toxic Substances Control.
39 (30) Director of Pesticide Regulation.
40 (31) Director of Managed Health Care.
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1 (32) Director of Environmental Health Hazard Assessment.
2 (33) Director of California Bay-Delta Authority,
3 (34) Director of California Conservation Corps.
4 (35) Director of Technology.
5 (36) Director of Emergency Services.
6 (37) Director of the Office of Energy Infrastructure Safety.
7 (38) The Housing and Homelessness Inspector General.
8 (b) The annual compensation provided by this section shall be
9 increased in any fiscal year in which a general salary increase is
10 provided for state employees.The amount of the increase provided
11 by this section shall be comparable to, but shall not exceed, the
12 percentage of the general salary increases provided for state
13 employees during that fiscal year.
14 SEG. 3, oeeti..,.. 12894 of the G,...erri...__4 node . amended
15 to-read
16 ,
17 Gonsttmer Serviees, and Housing Agener.
18 , and Housing Ageney
19 ,
20 the DepaAment of Real Estate, the Department of Hattsing and
21 Gommunity Development,
22 md Hattsing, the Depaftment of Business Oversight, the
23 Deparftnent ofAieohohe Beverage Gantrol,the Aleehohe Beverage
24 , the
25 , d the E)Ffiee of
26 the Housing and Homelessness Ins eeta. Gemxal-.
27 .
28 SEG. 4.
29 SEC. 3. Section 8257.1 is added to the Welfare and Institutions
30 Code, to read:
31 8257.1. (a) Upon appropriation by the Legislature, or upon
32 receiving technical assistance offered by the federal Department
33 of Housing and Urban Development,if available,the coordinating
34 council, or an entity the council contracts with for this purpose,
35 shall do all of the following:
36 (1) Conduct a statewide needs and gaps analysis that will do all
37 of the following:
38 (A) Identify programs in the state that provide housing or
39 services to persons experiencing homelessness and describe all of
40 the following for each program to the extent that data is available:
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1 (i) The amount of funding the program receives each year and
2 funding sources for the program.
3 (ii) The number of persons the program serves each-yeex.year,
4 disaggregated by race and gender
5 (iii) The types of housing and services provided to the persons
6 the program serves each-year.year, disaggregated by race and
7 gender.
8 (iv) Limitations, if any, on the length of stay for housing
9 programs and length ofprovision of services for service programs.
10 (v) If applicable,reasons for the unavailability of data.
11 (B) Identify the total number and type of permanent housing
12 beds, units, or opportunities available to persons experiencing
13 homelessness statewide and in geographically diverse regions
14 across the state.
15 (C) Analyze the need for permanent housing opportunities,
16 including,but not limited to, supportive housing,rapid rehousing,
17 and affordable housing.
18 (D) Analyze the need for services to assist persons in exiting
19 homelessness and remaining housed.
20 (E) Identify the number of and types of interim interventions
21 available to persons experiencing homelessness in geographically
22 diverse regions across the state. The data shall also include,but is
23 not limited to, all of the following:
24 (i) The number of year-round shelter beds.
25 (ii) The average length of stay in or use of interim interventions,
26 to the extent data is available,
27 (iii) The exit rate from an interim intervention to permanent
28 housing, to the extent data is available.
29 (F) Analyze the need for additional interim interventions and
30 funding needed to create these interventions, taking into
31 consideration the ideal length of stay in or use of the intervention.
32 (G) Identify state-funded institutional settings that discharge
33 persons into homelessness, and the total number of persons
34 discharged into homelessness from each of those settings, to the
35 extent data is availavie available, disaggregated by race and
36 gender If data is unavailable, the entity conducting the analysis
37 may extrapolate from national,local,or statewide estimates on the
38 number or percentage of people discharged from specific
39 institutional settings into homelessness.
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1 (H) Collect data on the numbers and demographics of persons
2 experiencing homelessness, including, but not limited to, a
3 quantification of the racial and ethnic disparities in the homeless
4 population relative to the general population and, to the extent
5 data is available, race and gender demographics, in all of the
6 following circumstances:
7 (i) Asa young adult.
8 (ii) As an unaccompanied minor.
9 (iii) As a single adult experiencing chronic homelessness and
10 nonchronic homelessness.
11 (iv) As an adult over 50 years of age.
12 (v) As a domestic violence survivor.
13 (vi) As a veteran.
14 (vii) As a person on parole or probation.
15 (viii) As a member of a family experiencing either chronic or
16 nonchronic patterns of homelessness.
17 (I) Collect data, to the extent data is available, on exits from
18 homelessness to housing,including,but not limited to,the number
19 of people moving into permanent housing and the type of housing
20 being accessed, the type of interventions people exiting
21 homelessness received,if any,and racial and gender characteristics
22 of people accessing each type of housing and receiving each type
23 of intervention.
24 (J) To the extent data is available, assess a sampling of data
25 provided by local jurisdictions regarding the number of people
26 experiencing homelessness who accessed interim interventions,
27 including,but not limited to,shelters,recuperative care,and motels
28 and hotels,in response to the COVID-19 pandemic,and the number
29 of people who were able to access permanent housing on or before
30 the expiration of interim assistance.The assessment shall include
31 the number and racial identification of people experiencing
32 homelessness who sheltered in place or were quarantined during
33 the COVID-19 pandemic and the number and racial identification
34 of people experiencing homelessness who were able to access
35 permanent housing on or before the expiration of temporary
36 assistance, as well as the type of housing accessed.
37 (K) Create a financial model that will assess needs for
38 investment in capital, in operating supports in project-based
39 housing, in rental assistance with private-market landlords,and in
40 services costs for purposes of moving persons experiencing
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1 homelessness into permanent housing. The financial model shall
2 include an explanation of how these investments will affirmatively
3 reduce and close any racial disparities identified in the homeless
4 population.
5 (2) (A) For purposes of collecting data to conduct the analysis
6 pursuant to paragraph (1), evaluate all available data, including,
7 but not limited to,data from agencies and departments other than
8 the council,statewide and local homeless point-in-time counts and
9 housing inventory counts,and available statewide information on
10 the number or rate of persons exiting state-funded institutional
I 1 settings into homelessness.
12 (B) To the extent specific data is unavailable for purposes of
13 subparagraph (A), the council may calculate estimates based on
14 national or local data. The council shall only use data that meets
15 either of the following requirements:
16 (i) The data is from an evaluation or study from a third-party
17 evaluator or researcher and is consistent with data from evaluations
18 or studies from other third-party evaluators or researchers.
19 (ii) A federal agency cites and refers to the data as
20 evidence-based.
21 (3) Seek input from the council's members on the direction of,
22 design of data collection for, and items to be included in the
23 analysis conducted pursuant to paragraph(1).
24 (b) The council's obligation to conduct the statewide needs and
25 gaps analysis under subdivision(a)shall be fuf lied if a technical
26 assistance provider from the federal Department of Housing and
27 Urban Development conducts the analysis on behalf of the council.
28 The council shall work with the technical assistance provider to
29 complete the analysis.
30 fb)
31 (c) For purposes of collecting data pursuant to paragraph(1)of
32 subdivision (a), and upon appropriation pursuant to subdivision
33 (a) to fund costs or upon the provision of technical assistance by
34 the federal Department of Housing and Urban Development, a
35 local government may collaborate with the coordinating council
36 or the entity conducting the statewide analysis to do both of the
37 following:
38 (1) If available, share existing data from local gaps or needs
39 analyses to inform statewide data.
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1 (2) Provide data for conducting needs analyses in a sampling
2 of up to six geographically diverse regions to inform statewide
3 data.The council or other entity conducting the statewide analysis
4 may extrapolate data from these local data analyses to inform the
5 statewide analysis.
6 (e)
7 (d) The council shall report on the final needs and gaps analysis
8 by July 31, 2021, to the Assembly Committee on Housing and
9 Community Development, the Assembly Committee on Budget,
10 Senate Committee on Housing, and Senate Committee on Budget
11 and Fiscal Review.The report submitted pursuant to this paragraph
12 shall comply with Section 9795 of the Government Code.
13 (4)
14 (e) For purposes of this section,all of the following definitions
15 apply:
16 (1) "Chronic homelessness" has the same definition as that in
17 Section 578.3 of Title 24 of the Code of Federal Regulations, as
18 that section read on January 1, 2020.
19 (2) "Council" or "coordinating council" shall mean the
20 Homeless Coordinating and Financing Council, as created
21 pursuant to Section 8257.
22 (2-
23 (3) "Interim interventions" include, but are not limited to,
24 year-round shelter beds, recuperative care beds, and motel
25 vouchers.
26 (3)
27 (4) "State-funded institutional settings" include, but are not
28 limited to,justice,juvenile justice, child welfare, and health care
29 settings.
30 (4)
31 (5) "Young adult" means a person 18 to 24 years of age,
32 inclusive.
33 SAS.
34 SEC. 4. Section 8257.2 is added to the Welfare and Institutions
35 Code, to read.
36 8257.2. (a) Notwithstanding any other law, for purposes of
37 designing, collecting data for, and approving the needs and gaps
38 analysis described in Section 8257.1,a state department or agency
39 that has a member on the coordinating council shall, within 180
40 days of a request for data pertaining to that state department or
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1 agency, provide to the council, or the entity conducting the
2 analysis, the requested data, including, but not limited to, the
3 number or rate of persons exiting state-funded institutional settings
4 into homelessness.
5 (b) The state department or agency shall remove any personally
6 identifying data provided pursuant to subdivision(a), if any.
7 (c) For purposes of this section,the following definitions apply:
8 (1) "Personally identifying information"has the same meaning
9 as that in Section 1798.79.8 of the Civil Code.
10 (2) "State-funded institutional settings" include, but are not
11 limited to,justice,juvenile justice, child welfare, and health care
12 settings.
13 SEG. Er.
14 SEC. 5. Chapter 6.6(commencing with Section 8258)is added
15 to Division 8 of the Welfare and Institutions Code, to read:
16
17 CHAPTER 6.6. MOUSING AND HOMELESSNESS INSPECTOR
18 GENERAL
19
20 8258. For purposes of this chapter:
21 (a) "Department" means the Department of Housing and
22 Community Development.
23 (b) "Inspector general"means the Housing and Homelessness
24 Inspector General.
25 (c) "Local agency"means a county or city and county.
26 " "
27 Rispeeter General.
28 (e)
29 (d) "State department or agency" means state agency or
30 department that a4ministers a state program to address
31 ' otneless s .has a representative on the Homeless Coordinating
32 and Financing Council, as created pursuant to Section 8257.
33 8258.1. (a) There is in state government the ^ffee .. an
34 independent officer, named the Housing and Homelessness
35 Inspector General as ftn itidependent offtee General, within the
36 Business, Ganstmter erviees, and Housing ageney. The o
37 shallbe under the supervision of the Housiong aftd Homelessness
38 TnVeetaf Getter-'. department.
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1 (b) The inspector general shall be appointed by,and hold office
2 at the pleasure of,the Governor.The appointment of the inspector
3 general is subject to confirmation by the Senate.
4 (c) The inspector general shall receive an annual salary as set
5 forth in Section 11552 of the Government Code.
6 (d) The inspector general shall have all of the following
7 responsibilities:
8 (1) Oversee the implementation of this chapter.
9 (2) Monitor the implementation and progress of state plans and
10 local agency plans adopted pursuant to Section 8258.3.
11 (3) Provide technical assistance to state and leeal ageneies the
12 state, local agencies, and cities in complying with this chapter.
13 (4) Audit state and loea4 agetteies the state, local agencies, and
14 cities to determine compliance with adopted plans.
15 (5) Bring actions against a state or laeal agettey the state, local
16 agencies, and cities to compel compliance with their respective
17 adopted plans pursuant to Section 8258.3.
18 (6) Investigate complaints and issue civil penalties pursuant to
19 Section 8258.5.
20 8258.2. (a) It is the intent of the Legislature that _az
21 an$laeal-ageaey the state, each local agency, and each city shall
22 aim to reduce homelessness in their jurisdiction by 90 percent by
23 December 31, 2028, based on the 2019 homeless point-in-time
24 count pursuant to Section 578.3 of Title 24 of the Code of Federal
25 Regulations.
26 (b) It is the intent of the Legislature that racial disparities in
27 the homeless population be eliminated by December 31, 2028.
28 (c) It is the intent of the Legislature that the inspector general's
29 decision that a local agency's or city's good standing status may
30 influence future funding decisions related to housing and
31 homelessness to that jurisdiction.
32 (b)
33 (d) It is the intent of the Legislature that
34 the state, a local agency, or a city is only accountable under this
35 chapter for reducing homelessness to the extent that it has available
36 resources to address homelessness, and that the state local
37 agency or city should not be required to expend additional funds
38 not contained in its actionable plan in order to meet the benchmark
39 goal set by the department.
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1 ,
2
3
4 partieipation, approye4 by eaeh parti 1dietion's
5 homeless eofAinttum of eare's
6
7 irtel-dde both of the follow'
8 (A) A gaps analysi Akh-��.Iees both of the fell
9
10 ,
11
12 into harnelessness, exits to penitaftent housing, length of time of
14 Department of Hattsing and Urban DevelopmerA Systeffl
15 Performanee Measures, 4isaggregated by raee.
16 ,
17 an4 supportive hottsing interventions,and the asseeialed e6sts
18 those interventions,
19 peptilatiett level homelessitess by Deeember 31, 2028.This shall
20 inelude a finaneial mo4e!that will assess needs for investmeitt i
21 eapital aftd for eeverage of annual operating,rental assistanee,and
22 serviees eosts-.
23 ,
24
25 zaning, to fidnd affordable and supportive hatising, to fdnd rapid
26 rehottsing, to fiffid inter4m ifttefventions, to fund serviees, to
27 ,to promote health aftd
28 sefviees aeeess,and to establish prateeels to avoid 4iseharges
29 irtstittAionetl systems itte hetnelessness-.
30
31 the requirements of this subseetion, if approved by e
32 '
33 governing bodr,
34 to subinission to the depftrtmenf.
35 8258.3. (a) (1) The department shall,based on the gap analysis
36 conducted pursuant to-sftbdivision-fe)-ef Section-825$-2; 8257.1,
37 set a benchmark goal to reduce homelessness for eae .tat a_a
38 leeal-ageney.fie the state. The department shall, based on the
39 plan required under subdivision (b) of this section, approve or
40 work with local agencies to identify appropriate benchmark goals
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1 to reduce homelessness for each local agency and cities within
2 each local agency. These benchmark-goal goals shall establish-a
3
4 both of the following by
5 December 31, 2028, and be based on the 2019 homeless
6 point-in-time count pursuant to Section 578.3 of Title 24 of the
7 Code of Federal Regulations.Regulations:
8 (A) The minimum number ofpeople experiencing homelessness
9 who are diverted from a homeless shelter or who have successfully
10 accessed permanent housing during the relevant period.
11 (B) The minimum reductions in people becoming homeless,
12 including targeted homelessness prevention and reductions in
13 returns to homelessness, during the relevant period.
14 (2) The department shall establish annual ',once essne�
15 reduetion benchmarks for each
16 progress toward the bettehmark goal established pttrsuaftt to local
17 agency and city subject to the requirements of paragraph-(F (1)
18 of subdivision (b) and the state.
19 (b) (1) On or before January 1, 2022, each- ate and 1
20 ageney shall develop local agency shall submit to the department
21 an actionable county-level plan-teritehievefor meeting speck
22 annual benchmarks, with the goal of achieving the benchmark
23 goal set pursuant to subdivision(a).Each city in the local agency's
24 jurisdiction shall participate in the county-level plan, and the local
25 agency shall request and actively seek the participation of all
26 homeless continuums of care that serve the local agency's
27 jurisdiction.
28 (2) The plan described in paragraph (1) shall include all of the
29 following:
30 (A) A gaps analysis, conducted by the local agency or a
31 homeless continuum of care that serves the local agency, that
32 assesses key indicators of homeless system performance, including
33 estimates of inflow into homelessness, exits to permanent housing,
34 length of time of homelessness, rate of returns to homelessness,
35 and otherfederal Department ofHousing and Urban Development
36 System Performance Measures, disaggregated by race, and that
37 quantifies the need for interim, affordable, rapid rehousing, and
38 supportive housing interventions, and the associated costs for
39 those interventions, to achieve a 90 percent reduction in
40 population-level homelessness by December 31, 2028.
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1 (B) A description of any racial and ethnic disparities among
2 the homeless population relative to the general population, and a
3 description of the speck actions that will be taken to affirmatively
4 eliminate these disparities by December 31, 2028.
5 (fir)
6 (C) A description and the amount of all funding sources that
7 the-state-o local agency, and any incorporated jurisdiction and
8 continuum of care within the local agency, has earmarked or
9 committed to addressing homelessness, mental illness,
10 !tubstanee use substance use, medical care,justice system needs,
I 1 and child welfare within their jurisdiction.
12 (B)
13 (D) The estimated amount of additional funding needed to meet
14 the homelessness reduction goal described in subdivision(a).
15 (G)
16 (E) Timelines for the state or local agency to utilize the funding
17 identified in subparagraph-(A):(C).
18 FB)
19 (F) Specific actions that the stateor local-agency agency, cities
20 in the local agency's jurisdiction, and the homeless continuum of
21 care that serves the local agency will take to meet the goal
22 established in subdivision (c), taking into account funding
23 limitations in subparagraph-{B};(D)and the housing market in the
24 local agency's area, by reducing the number of individuals who
25 are experiencing homelessness in the relevant jurisdiction by
26 moving individuals into permanent housing and ensuring the
27 adequate provision of related social services to achieve and
28 maintain that housing.
29 (E-)
30 (G) Specific roles and responsibilities that each
31 local agency, city, and homeless continuum of care will assume
32 to meet the benchmark goal established in subdivision(a),to ensure
33 collaboration, leverage resources, and avoid the duplication of
34 services and efforts. Identijying roles may include roles in siting
35 housing and establishing zoning,funding affordable and supportive
36 housing,funding rapid rehousing,funding interim interventions,
37 funding services, establishing and running coordinated entry
38 systems,promoting health and services access, and establishing
39 protocols to avoid discharges from institutional systems into
40 homelessness.
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AB 3269 —2a—
1 (F
2 (H) A plan may identify innovative projects to test
3 new policies or programs that are designed to help the local agency
4 meet its benchmark goal by reducing costs, leveraging additional
5 resources,or increasing performance,such as by increasing housing
6 exits, reducing returns to homelessness, and reducing the length
7 of time experiencing homelessness.
8
9 stbdMsion,
10 ,Sha
11 .
12 ,
13
14
15 (3) Each participating local agency's, city s, and homeless
16 continuum of tare's governing body shall approve, by resolution
17 or, in the case of a homeless continuum of care, by another method
18 in accordance with the continuum of cares bylaws or governance
19 procedures, the county-level plan required by paragraph (1).
20 (4) A local agency may use or incorporate an existing gaps or
21 needs analysis or plan to fulfill the requirements of paragraphs
22 (1) and(2), if approved, pursuant to the procedure described in
23 paragraph (3), by each participating jurisdiction's and homeless
24 continuum of tare's governing body, and if entered into no earlier
25 than three years prior to submission to the department.
26 (5) Eaeh state and-The state and each local agency shall submit
27 an annual progress report to the department that details the progress
28 and implementation of the adopted plan and any amendments
29 proposed to the plan.Amendments to a plan shall be reviewed by
30 the department pursuant to subdivision (c).
31 (c) (1) Upon receipt of a plan adopted pursuant to subdivision
32 (b), the department shall review the plan and provide feedback
33 and recommended revisions to the state or local agency.
34 (2) If the department sends
35 recommended revisions to their plan from the departme the
36 state's or local agency s plan, the state or applicable local agency
37 shall either adopt the recommended revisions, or adopt findings
38 as to why the revisions are not needed.
39 (d) (1) The department shall monitor the progress of-each the
40 state-or and each local agency required to adopt and implement a
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1 plan pursuant to subdivision(b).If the department determines that
2 $ the state or a local agency has not adopted an actionable plan
3 pursuant to subdivision(b), or has failed within a reasonable time
4 after adoption of a plan to make progress in accordance with that
5 plan,the department shall notify the state or local agency and the
6 inspector general that the state or local agency is not in substantial
7 compliance with subdivision(b).
8 (2) If new resources are identified in a progress report submitted
9 pursuant to paragraph(5) of subdivision(b), the department may
10 revise a benchmark goal established pursuant to subdivision(a).
11 (3) An innovative project, as described in subparagraph (H) of
12 paragraph(2)of subdivision(b), shall be deemed approved by the
13 department if the department approves a plan or plan amendment
14 with the innovative project and the local agency or city establishes
15 and documents outcomes upon implementation of the project.
16 8258.4. (a) (1) On or after January 1, 2022, the inspector
17 general may bring an action against a state or loeal agett the
18 state, a local agency, or a city to compel compliance with Section
19 8258.3 pursuant to Section 1085 of the Code of Civil Procedure.
20 Ift
21 (2) In determining whether to bring an action, the inspector
22 general shall eensider papttlation level redtetians in hafflelessnest;
23 as measured by the Itemeless point in time eettnt, as the pritnafy
24 indieater of benehmark goal eetuphanee, but may also eanside
25 the state or leeal ageney's
26 System Performanee Measures. consider, among other
27 considerations, all of the following:
28 (A) The number of people experiencing homelessness who are
29 now living in permanent housing due to the actions or inactions
30 of the city, local agency, or state.
31 (B) The number ofpeople entering homelessness, as measured
32 by the homeless point-in-time count.
33 (C) The number of people diverted from the homeless system.
34 (D) Whether actions taken are consistent with evidence-based
35 or best practices as the primary indicators of benchmark goal
36 compliance.
37 (3) In determining whether to bring an action, the inspector
38 general may also consider the state's or local agency's
39 demonstrated progress or good faith efforts toward progress in
40 achieving the HUD System Performance Measures.
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1 (b) An action against-a-state-ageney the state pursuant to this
2 section shall be brought in the Superior Court of the County of
3 Sacramento.An action against a-eminty local agency pursuant to
4 this section shall be brought in the superior court for that-eel;
5 local agency, and an action brought against a city pursuant to this
6 section shall be brought in the superior court for the-emmty local
7 agency in which the city is located.
8 (e) fin
9 (c) (1) If the inspector general finds that court action is
10 warranted, the inspector general shall present findings around
11 responsibility of a city, local agency, or state, and identify
12 requested remedies for the court to consider:
13 (2) If,in an action brought pursuant to this section, the court
14 finds that the state or applicable stater local agency
15 or city has not substantially complied with Section 8258.3, the
16 inspeeter general may request that the eett court may issue an
17 order or judgment directing the state or leeal agettey state, local
18 agency, or city to substantially comply with this section by taking
19 any of the following actions:
20 (A) In the case of a state or-leeal agency state, local agency, or
21 city that has failed to adopt an actionable plan within the time
22 period specified in subdivision(b)of Section 8258.3,adopt a plan
23 in accordance with this section.
24 (B) De$ieat-Direct the state, local agency, or city to dedicate
25 the resources identified in the plan,consistent with applicable state
26 or federal law, to-reducenumber of -ndivid•als whe are
27
28 leeal ageney. move people experiencing homelessness into
29 permanent housing and to provide adequate interim housing.
30 (C) ''--Direct the local agency or city to coordinate
31 with-odher the state or other local agencies to reduce the number
32 of individuals who are experiencing homelessness.
33 (D) Pool-Direct the local agency or city to pool resources
34 identified in the plan, consistent with applicable state or federal
35 law, with the resources of other jurisdictions in order to address
36 regional challenges to reducing homelessness.
37 (E) Require jurisdictions within local agencies to rezone sites
38 to permit the construction of housing and emergency shelters.
39 (F) Order a jurisdiction to otherwise comply with the roles
40 identified in subdivision(b) of Section 8258.3.
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—23— AB 3269
1 (2}
2 (3) The remedies available to a court that finds that the state or
3 applicable-state-er local agency or city has not substantially
4 complied with Section 8258.3 shall be limited to those described
5 in paragraph(1).
6 (3�
7 (4) If the court issues an order or judgment pursuant to paragraph
8 (1), it shall retain jurisdiction for no more thanes 24 months to
9 ensure that its order or judgment is carried out.
10 (4�
11 (5) If the department approves a local agettey has identified a
12 agency's or city s plan to
13 pursue an innovative program pursuant to subparagraph (H) of
14 paragraph (2) of subdivision (b) of Section 8258.3, it shall b
15 exempt from the inspector general and court shall not pursue any
16 action described in paragraph(1)
17 as stated in the approved plan. due to that program's failure to
18 meet anticipated goals for up to 18 months after the program
19 implemention.If, after 18 months, an innovative program is deemed
20 unsuccessful in achieving benchmarks, the local agency or city
21 operating the program shall have up to six additional months to
22 close, repurpose, or reallocate funding intended for the program,
23 which shall be reflected in the annual report.
24 (-5�
25 (6) An order or judgment of the court pursuant to paragraph(1)
26 may be reviewed in the manner prescribed in Title 13(commencing
27 with Section 901) of Part 2 of the Code of Civil Procedure,
28 Notwithstanding any other law, an appeal pursuant to this
29 paragraph shall be heard on an expedited basis.
30 8258.5. (a) A state or laeal ageney The state, a local agency,
31 or a city shall not deliberately and intentionally transport a
32 homeless individual or households to a different jurisdiction in
33 order to reduce the number of homeless individuals within its
34 jtt•� r.jurisdiction, unless those individuals or households
35 choose to move to a different jurisdiction.
36 (b) Any person may file a complaint with the inspector general
37 tha a siate or laeal ageney the state, a local agency, or a city
38 violated subdivision(a).
39 (c) (1) The inspector general shall investigate a complaint
40 received pursuant to subdivision (a).
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1 (2) After investigating a complaint, the inspector general shall
2 impose one the state or any local jurisdictions found to
3 have violated subdivision (a) a civil penalty in an amount not to
4 exceed-ten one hundred thousand dollars-($1$;$00) ($100,000)
5 per individual transported outside of the jurisdiction.
6 SEG. 7:
7 SEC. 6. If the Commission on State Mandates determines that
8 this act contains costs mandated by the state, reimbursement to
9 local agencies and school districts for those costs shall be made
10 pursuant to Part 7 (commencing with Section 17500) of Division
11 4 of Title 2 of the Government Code.
O
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Estanislau, Robin
From: pacj <pacj_03@yahoo.com>
Sent: Wednesday, September 2, 2020 8:55 PM
To: Estanislau, Robin; CITY COUNCIL
Subject: S131159/1-egislative review needed/Agenda Item 23 9/8/20
Dear Council
Item 23 does not appear to include SB1159, an urgency measure, on the presumption of injury from COVID for certain
categories of workers including law enforcement. Should the governor sign, the legislation will become effective
immediately.
The bill is supported by various unions and opposed by various public and private employers.
Please review the legislation and take a position. If you support, then plan for the increase in workers comp benefits.
Pat Quintana
SUPPLEMENTAL
COMMUNICATION
Meeting Date:
Agenda Item No.."