Bill Text: CA AB2746 | 2019-2020 | Regular Session | Enrolled

California Assembly Bill 2746 (Prior Session Legislation)

Bill Title: Funding accountability: state funding for homelessness.

Spectrum: Moderate Partisan Bill (Democrat 16-4-1)

Status: (Vetoed) 2020-09-29 - Vetoed by Governor. [AB2746 Detail]

Download: California-2019-AB2746-Enrolled.html

Enrolled September 04, 2020

Passed IN Senate August 30, 2020

Passed IN Assembly August 31, 2020

Amended IN Senate August 25, 2020

Amended IN Senate August 20, 2020

Amended IN Senate July 28, 2020

Amended IN Senate July 21, 2020

Amended IN Assembly June 04, 2020

Amended IN Assembly May 22, 2020

Amended IN Assembly May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2746

Introduced by Assembly Members Gabriel and Petrie-Norris
(Coauthors: Assembly Members Bauer-Kahan, Cooper, Fong, Gipson, Gray, Irwin, Kiley, Low, Maienschein, Mayes, McCarty, Nazarian, O’Donnell, Quirk-Silva, Blanca Rubio, Smith, Voepel, Waldron)
(Coauthor: Senator Portantino)

February 20, 2020

An act to add Chapter 3 (commencing with Section 15303) to Part 6.6 of Division 3 of Title 2 of the Government Code, relating to homelessness.

LEGISLATIVE COUNSEL'S DIGEST

AB 2746, Gabriel. Funding accountability: state funding for homelessness.

Existing law provides for various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law also provides for various funding programs under which state agencies allocate or grant funding to specified entities for purposes of addressing various issues relating to homelessness.

This bill would require a recipient, as defined, that receives state funds for specified CalWORKs programs related to homeless assistance, the Housing and Disability Income Advocacy Program, or state funds appropriated in the Budget Act of 2019 for a Whole Person Care pilot program, to submit a report containing specified information regarding the use of state funds to the appropriate agency. The bill would require the recipient to submit that report on a form and method provided by the agency annually.

This bill would require every agency to post all reports received on its internet website within 30 days of receipt and provide notice of the posting to specified offices and committees of the Legislature. The bill would also require every agency to aggregate all reports received by October 1 of every year into one report and send the report to the Department of Finance by December 1 of every year, commencing with the year 2021. The bill would also require the Department of Finance to post the aggregated report on its internet website by December 31 of every year, commencing with the year 2021, in a manner that is easily accessible by the public and provide notice of the posting to the Legislature, as provided.

By requiring counties to provide reports relating to CalWORKs, 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.

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

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Homelessness in California is a humanitarian, economic, moral, and public health crisis requiring an urgent and coordinated response from all levels of government.

(b) According to the 2018 Annual Homeless Assessment Report to Congress, California has the nation’s highest number of individuals experiencing homelessness and the highest rate of unsheltered homeless.

(c) It is the intent of the Legislature to enact policies and direct funding in a manner that will quickly, efficiently, and effectively address California’s homelessness crisis, while minimizing the trauma and suffering of individuals experiencing homelessness.

(d) It is the intent of the Legislature to ensure that there is clear transparency and strong accountability for all public funding appropriated to address California’s housing and homelessness crisis.

(e) It is the intent of the Legislature to closely track and monitor the use of public funding appropriated for homelessness, and to collect relevant data and information about expenditures and outcomes, so that policymakers can develop and refine data-driven responses and ensure the best outcomes for California residents, taxpayers, and individuals experiencing homelessness.

(f) It is the intent of the Legislature that all data and information regarding homelessness funding will be made available to the public in a timely fashion and in an easily accessible format.

SEC. 2.

Chapter 3 (commencing with Section 15303) is added to Part 6.6 of Division 3 of Title 2 of the Government Code, to read:

CHAPTER 3. Homelessness Funding Accountability

15303.

For the purposes of this chapter, all of the following definitions shall apply:

(a) “Agency” means the state agency or state department allocating or granting funds to recipients for a program.

(b) “Program” means any of the following programs:

(1) The homeless assistance programs described in Section 11450 of the Welfare and Institutions Code.

(2) Existing or new Whole Person Care pilot programs (Article 5.5 (commencing with Section 14184) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code) supported through the one hundred twenty million dollars ($120,000,000) of state funding appropriated under Provision 13 of Item 4260-101-0001 and Provision 1 of Item 4260-115-0001 of Section 2.00 of the Budget Act of 2019 (Chapter 23 of the Statutes of 2019).

(3) Housing and Disability Income Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code).

(d) “Recipient” means an entity such as a city, county, or other entity that directly receives funds from an agency for purposes of a program.

(e) “Subrecipient” means a unit of local government, a private nonprofit or for-profit organization, or other entity that the recipient determines is qualified to undertake eligible activities under the program and that enters into a contract with the recipient to undertake those eligible activities in accordance with the requirements of the program.

15303.1.

(a) (1) After receiving program funds, a recipient shall submit, on a form and method provided by the agency, a report to the appropriate agency that contains the following information:

(A) Amount of funding spent as of the date of the report.

(B) Amount of funding that is remaining.

(C) Progress on the following performance measures, and others established by the recipient and program, if any, to evaluate the success of implementing eligible activities for the program:

(i) The number of homeless persons served.

(ii) The number of unsheltered homeless persons served, and the average length of time spent as homeless prior to receiving shelter or other housing through the program, if applicable.

(iii) The number of homeless persons exiting into permanent housing from shelter or other housing received through the program.

(iv) The number of persons that return to homelessness after exiting shelter or housing received through the program and reasons for unsuccessful exits from the program.

(v) The number of persons at risk of homelessness served.

(D) (i) The number of homeless persons served by the program funds in the last year, the total number of homeless persons served in all years the recipient has program funds, and a description of the homeless population served.

(ii) The type of housing assistance provided through use of program funds and the number of persons that received each type of housing assistance.

(E) The signature of the recipient’s chief executive officer, board of supervisors, city council, or equivalent.

(F) The signature of the recipient’s financial officer, treasurer, or equivalent.

(G) Any other information the agency deems necessary or appropriate.

(2) A recipient subject to paragraph (1) shall submit the report annually.

(b) A recipient shall satisfy the requirements of subdivision (a) if the existing reports that the agency requires provides the same or substantially similar information. A recipient shall indicate what information and data is provided in an existing report and where it exists.

(c) A recipient submitting a report pursuant to subdivision (a) may indicate on its submission that certain items are infeasible to collect and therefore are not included in the report.

(d) Every agency shall post all reports received pursuant to subdivision (a) on its internet website within 30 days of receipt and provide notice of the posting to the Speaker of the Assembly, the President pro Tempore of the Senate, the Senate Committee on Housing, the Assembly Committee on Housing and Community Development, the Senate Committee on Budget and Fiscal Review, and the Assembly Committee on Budget.

(e) (1) An agency shall aggregate all reports received pursuant to this chapter and by October 1 of every year into one report and send the report to the Department of Finance by December 1 of every year, commencing with the year 2021.

(2) The Department of Finance shall post the aggregated report received pursuant to paragraph (1) on its internet website by December 31 of every year, commencing with the year 2021, in a manner that is easily accessible by the public and provide notice of the posting to the Speaker of the Assembly, the President pro Tempore of the Senate, the Senate Committee on Housing, the Assembly Committee on Housing and Community Development, the Senate Committee on Budget and Fiscal Review, and the Assembly Committee on Budget.

SEC. 3.

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.