Bill Text: CA AB2434 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2434 (Prior Session Legislation)

Bill Title: Homelessness Action Authority: County of Los Angeles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-18 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2434 Detail]

Download: California-2021-AB2434-Amended.html

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2434

Introduced by Assembly Member Santiago

February 17, 2022

An act to add Section 6530 to the Government Code, relating to homelessness.

LEGISLATIVE COUNSEL'S DIGEST

AB 2434, as amended, Santiago. ~~Homelessness.~~ Homelessness Action Authority: County of Los Angeles.

Existing law, the Joint Exercise of Powers Act, authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed. Existing law specifically authorizes the creation of the San Gabriel Valley Regional Housing Trust, a joint powers authority, consisting of specified entities, including the County of Los Angeles, for the purposes of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within the San Gabriel Valley Region.
This bill would similarly authorize the creation of the Homelessness Action Authority, a joint powers authority, by the County of Los Angeles, the City of Los Angeles, and any other city within the jurisdiction of the County of Los Angeles, with the stated purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within the County of Los Angeles.
This bill would authorize the Homelessness Action Authority to, among other things, exercise land use authority over the property it owns, oversee the administration of social service programs administered by the County of Los Angeles, issue bonds, acquire land through eminent domain, and fund the planning and construction of housing for the homeless population. Upon creation of the authority, the bill would require the authority to be a recipient of new state and federal funding designated for combating homelessness in the County of Los Angeles and to be a conduit in the County of Los Angeles that will review and approve homelessness projects and program proposals from public agencies, nonprofit organizations, and private entities, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles and the City of Los Angeles.
Existing law establishes various programs to address homelessness. Existing law requires the Governor to establish the California Interagency Council on Homelessness, and requires the council to, among other things, set and measure progress toward goals to prevent and end homelessness among youth in California. Existing law also establishes the California Emergency Solutions and Housing Program, under the administration of the Department of Housing and Community Development and requires the department to, among other things, provide rental assistance and housing relocation and stabilization services to ensure housing affordability to people who are experiencing homelessness or who are at risk of homelessness.
~~This bill would state the intent of the Legislature to enact legislation to address homelessness.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 6530 is added to the Government Code, to read:

6530.
(a) (1) Notwithstanding any other law, the County of Los Angeles, the City of Los Angeles, and any other city within the jurisdiction of the County of Los Angeles may enter into a joint powers agreement pursuant to this chapter to fund housing to assist the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, within the County of Los Angeles.
(2) The joint powers agency created pursuant to this section shall be known as the Homelessness Action Authority, and shall be created and operate in accordance with this section.
(b) (1) The Homelessness Action Authority shall be governed by all of the following:
(A) A chief executive officer.
(B) A board of directors.
(C) An oversight board. It shall be the duty of the oversight board to ensure accountability and transparency of the operations of the Homelessness Action Authority.
(2) It is the intent of the Legislature that the governance of the Homelessness Action Authority shall contribute to diversity in voice, experience, and resources to allow for innovative and effective solutions to assist the homeless population and persons and families of extremely low, very low, and low income within the County of Los Angeles.
(3) (A) The board of directors shall consist of no less than five members and shall include all of the following individuals:
(i) The mayor of the City of Los Angeles and the Chair of the Los Angeles County Board of Supervisors, who shall serve on the board as ex officio cochairs.
(ii) The chair of the oversight board.
(iii) The chief executive officer.
(B) The board may also include any of the following members:
(i) State representatives designated by the Governor.
(ii) Representatives of local governments outside of the City of Los Angeles.
(4) The chief executive officer shall be chosen by the board of directors.
(5) The oversight board shall consist of no less than 10 members, who shall be nominated by the chief executive office and confirmed by the governing board. Members of the oversight board shall include any of the following:
(A) Leaders in the areas of philanthropy, business, and labor.
(B) Public school system leaders.
(C) Persons who have experienced homelessness, including youth and experts in homeless housing policy.
(D) University and government researchers.
(E) Leaders of civic, health care, and social services providers.
(F) Leaders of faith-based organizations.
(c) Notwithstanding any other law, the Homelessness Action Authority shall have the following powers:
(1) All powers granted to a joint powers authority pursuant to this chapter.
(2) Land use authority over any property owned or controlled by the Homelessness Action Authority, including the ability to zone and administer land use and ministerial permits.
(3) The ability to receive and direct funding to local agencies, including the County of Los Angeles, and to other mental health care service providers.
(4) Oversight and administration of social service programs administered by the County of Los Angeles.
(5) Receive public and private financing and funding.
(6) Issue bonds for any of the purposes authorized by this section consistent with the requirements of this chapter.
(7) Allocate tax credits related to homelessness projects and programs on behalf of member agencies.
(8) Acquire land through eminent domain consistent with Section 19 of Article I of the California Constitution.
(9) Compel cleanup and recover costs under the Gatto Act (Chapter 6.10 (commencing with Section 25403) of Division 20 of the Health and Safety Code). The Homelessness Action Authority shall be deemed a “housing authority” for purposes of the Gatto Act.
(10) Fund the planning and construction of housing for the homeless population, including, but not limited to, permanent supportive housing.
(d) All real property conveyed to and from the Homelessness Action Authority for the purpose of developing affordable housing consistent with this section shall be deemed exempt surplus land and exempt from the requirements of Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
(e) Upon creation of the Homelessness Action Authority pursuant to this section, the Homelessness Action Authority shall do all of the following:
(1) Be a recipient of new state and federal funding designated for combating homelessness in the County of Los Angeles.
(2) Be a conduit in the County of Los Angeles that will review and approve homelessness projects and program proposals from public agencies, nonprofit organizations, and private entities before disbursing any funds through this section.
(3) Oversee the implementation and administration of homelessness projects and programs in the County of Los Angeles by doing all of the following:
(A) Ensuring a coordinated effort of all parties towards a common mission.
(B) Keeping parties accountable to deliver on impactful change.
(C) Eliminating waste and inefficiencies present in the current system.
(D) Building public trust that funding is being used effectively.
(4) Engage in oversight activities that include all of the following:
(A) Setting eligibility criteria for recipients of funding for state and local homelessness and affordable housing programs, consistent with any state requirements.
(B) Mandating the preparation of strategic plans and strategy proposals to align spending initiatives with measurable outcomes and public benefits.
(C) Creating a plan that includes a metric of success and required deliverables that recipients of funding shall be required to implement and achieve.
(D) Overseeing the implementation of projects and programs and requiring routine progress reporting by member agencies.
(E) Requiring audits of, and reports from, the projects and programs as a prerequisite for ongoing or future funding subject to oversight by the Homelessness Action Authority.
(f) The chief executive officer shall serve as the key decisionmaker of the Homelessness Action Authority in developing the strategic plans required by this section.
(g) The oversight board shall ensure accountability and transparency of the operations of the Homelessness Action Authority. In addition, the oversight board shall provide insight, recommendations, and be a voice representing the public and the homeless population to ensure that the strategic plans are consistent with the objective of combating key homelessness issues.

SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because the unique homelessness problem in the County of Los Angeles is complex, multilayered, and rooted in over a century of deeply ingrained practices, including systemic racism, housing discrimination, and an underfunded and frayed social safety net.

SECTION 1.
~~It is the intent of the Legislature to enact legislation to address homelessness.~~