Bill Text: CA AB3269 | 2019-2020 | Regular Session | Amended


Bill Title: State and local agencies: homelessness plan.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2020-05-26 - Re-referred to Com. on APPR. [AB3269 Detail]

Download: California-2019-AB3269-Amended.html

Amended  IN  Assembly  May 22, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3269


Introduced by Assembly Member Members Chiu and Santiago

February 21, 2020


An act to amend Sections 11552 and 12804 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.
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, would require the coordinating council to conduct, or contract with an entity to conduct, a statewide needs and gaps analysis to identify, to, among other things, state programs that provide housing or services to persons experiencing homelessness and funding required to move persons experiencing homelessness into permanent housing. summarize the current inventory of services for persons experiencing homelessness, as specified. The bill would authorize local governments to collaborate with the coordinating council. The bill would also require the council 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.
This bill would state the intent of the Legislature that each state and local agency aim to reduce homelessness within its jurisdiction by 90% by December 31, 2028. The bill would require the coordinating council Department of Housing and Community Development to set a benchmark goal in reducing homelessness by January 1, 2028, for each state and local agency subject to these provisions, based upon the needs and gaps analysis described above, and annual homelessness reduction benchmarks that progress toward the benchmark goal. The bill, on or before January 1, 2022, would require each state and local agency, as defined, to develop an actionable plan to achieve the benchmark goal set by the coordinating council. department. The bill would require the plan to include a description and the amount of all funding sources the state or local agency agency, and any incorporated jurisdiction and continuum of care, has earmarked or committed to addressing homelessness homelessness, mental illness, and substance abuse within its jurisdiction, the amount of additional funding needed, and specific actions that will be taken to reduce the number of individuals experiencing homelessness and meet the benchmark goal set by the coordinating council. department. The bill would require each state and local agency to submit an annual progress report to the coordinating council department that details the progress and implementation of the adopted plan and any amendments proposed to the plan.
This bill would task the coordinating council with reviewing require the department to review submitted plans and providing provide feedback and recommended revisions. The bill would require a state or local agency to either adopt those recommended revisions, or adopt findings as to why the recommended revisions are not needed. The bill would task the coordinating council with monitoring require the department to monitor the implementation and progress of state and local agency plans. The bill would require the coordinating council department to notify the state or local agency and the inspector general if the agency fails, within a reasonable time, to make progress in accordance with their plan.
This bill would establish the Office of the Housing and Homelessness Inspector General as an independent office within the Business, Consumer Services, and Housing Agency, under the supervision of the Housing and Homelessness Inspector General. 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 or local agency 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 applicable state or local agency 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 local agency to substantially comply, as provided.
The bill would authorize the inspector general to impose a civil penalty on a state or local agency 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 develop and implement a homelessness plan, 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) As of January 2019, California has had an estimated 151,278 people experiencing homelessness on any given day, as reported by Continuum of Care to the United States Department of Housing and Urban Development. This is the highest number since 2007, and represents a 17-percent increase since 2018.
(b) The vast majority of homeless Californians were unsheltered, which is about 71 percent and the highest rate in the nation, meaning that they were living in streets, parks, or other locations not meant for human habitation. In 2018, among homeless veterans, California had the nation’s highest share that are unsheltered (67 percent), and among homeless youth, the share that are unsheltered (80 percent) ranked second highest.
(c) As local communities work to house the unsheltered, more people are falling into homelessness. Larger urban areas with high numbers of people experiencing homelessness have reported that more people are falling into homelessness than they are able to house.
(d) In the City of Oakland, for every one person they are able to house, two more are falling into homelessness.
(e) In the County of Los Angeles, despite housing 20,000 homeless people in 2018, for every 133 people housed, 150 fall into homelessness per day.
(f) In the City and County of San Francisco, for every one person they are able to house, three more fall into homelessness.
(g) A growing percentage of the state’s homeless population are seniors who are experiencing homelessness for the first time. Seniors who are on fixed incomes and who are severely rent burdened have no potential for additional income.
(h) Once seniors are homeless, their health quickly deteriorates and they use emergency services at a higher rate and face high mortality rates.
(i) Fifty percent of seniors who are homeless become homeless after 50 years of age.
(j) African Americans are disproportionately found on California’s streets and roughly 30 percent of the state’s unhoused population is Black.
(k) While comprehensive statewide data is lacking, local surveys indicate that people living on the streets are typically from the surrounding neighborhood. For example, 70 percent of the people experiencing homelessness in the City and County of San Francisco were housed somewhere in the city where they lost housing, while only 8 percent came from out-of-state. In addition, three-quarters of the homeless population of the County of Los Angeles lived in the region before becoming homeless.
(l) About 1,300,000 California renters are considered “extremely low income,” making less than twenty-five thousand dollars ($25,000) per year.
(m) In many parts of the state, many lower income residents are severely cost burdened, paying over 50 percent of their income toward housing costs. One small financial setback can push these individuals and families into homelessness.
(n) The Legislature has made the following investments in affordable housing and homelessness response:
(1) In 2016, the Legislature passed and the voters approved Proposition 63, known as the Mental Health Services Act, which generates two billion dollars ($2,000,000,000) per year for mental health services that can be used for people experiencing homelessness.
(2) In 2017, Senate Bill 2 (Chapter 364 of the Statutes of 2017) established a recording fee for real estate documents that has generated three hundred fifty million dollars ($350,000,000) per year since its creation. Beginning this year, 70 percent of funds from the recording fee go directly to counties to use to address affordable housing and homelessness.
(3) In 2017, the Legislature passed No Place Like Home to authorize the use of two billion dollars ($2,000,000,000) in Proposition 63 revenues in bonds for supportive housing for chronically homeless individuals with mental illness.
(4) In 2018, the Legislature passed and the voters approved Proposition 1, which authorized three billion dollars ($3,000,000,000) in general fund bonds to increase the supply of affordable housing around the state.
(5) Local governments have also passed general obligation bonds to fund affordable housing, supportive housing, and emergency shelters:
(A) In 2016, the voters of the City of Los Angeles passed Measure HHH, which authorizes 1.2 billion dollars ($1,200,000,000) to fund the construction of 10,000 supportive housing units.
(B) In 2019, the City and County of San Francisco passed Proposition A, which authorized six hundred million dollars ($600,000,000) to support the creation of affordable housing.
(C) In 2019, the City and County of San Francisco passed Proposition C, which authorizes a tax on gross receipts of business with incomes of fifty million dollars ($50,000,000) or more to fund affordable housing, supportive housing, and legal assistance programs.
(6) The Legislature has also made policy changes to allow for siting and building emergency shelters, affordable housing, and supportive housing:
(A) In 2017, the Legislature passed Senate Bill 35 (Chapter 366 of the Statutes of 2017), which created a streamlined process for housing developments that include a percentage of affordable housing.
(B) In 2018, the Legislature passed Assembly Bill 2162 (Chapter 753 of the Statutes of 2018), which established a streamlined process for supportive housing developments.
(C) In 2018, the Legislature authorized five hundred million dollars ($500,000,000) for the Homeless Emergency Aid Program to provide local governments with flexible block grant funds to address their immediate homelessness challenges.
(D) In 2019, the Legislature passed Assembly Bill 101 (Chapter 159 of the Statutes of 2019), which streamlines navigation centers that provide emergency shelter and services to people experiencing homelessness.
(E) In 2019, the Legislature authorized six hundred fifty million dollars ($650,000,000) for the Homeless Housing, Assistance, and Prevention Program one-time block grant that provides local jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges.
(o) State and local government at all levels should be held responsible for responding to homelessness and providing permanent housing for the unsheltered. In order to ensure state and local jurisdictions are making best use of existing resources, and to determine the additional resources needed to substantially reduce unsheltered homelessness in California, a statewide gaps analysis must be conducted. The analysis should include a county-by-county assessment of existing resources, including the Mental Health Services Act, No Place Like Home, SB 2 (Chapter 364 of the Statutes of 2017), substance abuse treatment, affordable housing, CalWORKS, federal resources, including the Community Development Block Grant, Emergency Shelter Grants, and funds awarded by the Department of Housing and Urban Development to continuums of care, and other resources that could be utilized to get people indoors.
(p) There are few other areas of important public policy where government efforts to achieve a compelling societal objective are voluntary.
(q) The state required the state’s utilities and public agencies to meet a timetable for increasing their use of renewable energy, and the state is achieving dramatic results.
(r) Government at all levels should be obligated to spend existing resources in the most efficient and expeditious manner to reduce homelessness.

SEC. 2.

 Section 11552 of the Government Code is amended to read:

11552.
 (a) Effective January 1, 1988, an annual salary of eighty-five thousand four hundred two dollars ($85,402) shall be paid to each of the following:
(1) Commissioner of Business Oversight.
(2) Director of Transportation.
(3) Real Estate Commissioner.
(4) Director of Social Services.
(5) Director of Water Resources.
(6) Director of General Services.
(7) Director of Motor Vehicles.
(8) Executive Officer of the Franchise Tax Board.
(9) Director of Employment Development.
(10) Director of Alcoholic Beverage Control.
(11) Director of Housing and Community Development.
(12) Director of Alcohol and Drug Programs.
(13) Director of Statewide Health Planning and Development.
(14) Director of the Department of Human Resources.
(15) Director of Health Care Services.
(16) Director of State Hospitals.
(17) Director of Developmental Services.
(18) State Public Defender.
(19) Director of the California State Lottery.
(20) Director of Fish and Wildlife.
(21) Director of Parks and Recreation.
(22) Director of Rehabilitation.
(23) Director of the Office of Administrative Law.
(24) Director of Consumer Affairs.
(25) Director of Forestry and Fire Protection.
(26) The Inspector General pursuant to Section 6125 of the Penal Code.
(27) Director of Child Support Services.
(28) Director of Industrial Relations.
(29) Director of Toxic Substances Control.
(30) Director of Pesticide Regulation.
(31) Director of Managed Health Care.
(32) Director of Environmental Health Hazard Assessment.
(33) Director of California Bay-Delta Authority.
(34) Director of California Conservation Corps.
(35) Director of Technology.
(36) Director of Emergency Services.
(37) Director of the Office of Energy Infrastructure Safety.
(38) The Housing and Homelessness Inspector General.
(b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year.

SEC. 3.

 Section 12804 of the Government Code is amended to read:

12804.
 (a) There is in the state government the Business, Consumer Services, and Housing Agency.
(b) The Business, Consumer Services, and Housing Agency shall consist of the following: the Department of Consumer Affairs, the Department of Real Estate, the Department of Housing and Community Development, the Department of Fair Employment and Housing, the Department of Business Oversight, the Department of Alcoholic Beverage Control, the Alcoholic Beverage Control Appeals Board, the California Horse Racing Board, the Alfred E. Alquist Seismic Safety Commission, and the Office of the Housing and Homelessness Inspector General.
(c) This section shall become operative on July 1, 2018.

SEC. 4.

 Section 8257.1 is added to the Welfare and Institutions Code, to read:

8257.1.
 (a)Upon appropriation by the Legislature, the coordinating council shall do all of the following:

(1)

(a) Conduct, or contract with an entity to conduct, a statewide needs and gaps analysis that will do all both of the following:

(A)Identify programs in the state that provide housing or services to persons experiencing homelessness and describe all of the following for each program to the extent that data is available:

(i)The amount of funding the program receives each year and funding sources for the program.

(ii)The number of persons the program serves each year.

(iii)The types of housing and services provided to the persons the program serves each year.

(iv)Limitations, if any, on the length of stay for housing programs and length of services for service programs.

(v)If applicable, reasons for the unavailability of data.

(B)Identify the total number and type of permanent housing beds, units, or opportunities available to persons experiencing homelessness statewide and in geographically diverse regions across the state.

(C)Analyze the need for permanent housing opportunities, including, but not limited to, supportive housing, rapid rehousing, and affordable housing.

(D)Analyze the need for services to assist persons in exiting homelessness and remaining housed.

(E)Identify the number of and types of interim interventions available to persons experiencing homelessness in geographically diverse regions across the state. The data shall also include, but is not limited to, all of the following:

(i)The number of year-round shelter beds and the average length of stay for those beds for each region.

(ii)The average length of stay in or use of interim interventions.

(iii)The exit rate from an interim intervention to permanent housing.

(F)Analyze the need for additional interim interventions and funding needed to create these interventions, taking into consideration the ideal length of stay in or use of the intervention.

(G)Identify state-funded institutional settings that discharge persons into homelessness, and the total number of persons discharged into homelessness from each of those settings.

(H)Collect data on the numbers and demographics of persons experiencing homelessness in all of the following circumstances:

(i)As a young adult.

(ii)As an unaccompanied minor.

(iii)As a single adult experiencing chronic homelessness and nonchronic homelessness.

(iv)As an adult over 50 years of age.

(v)As a domestic violence survivor.

(vi)As a veteran.

(vii)As a person on parole or probation.

(viii)As a member of a family, where other members of the family are also experiencing homelessness.

(ix)As a person experiencing chronic homelessness.

(I)Create a financial model that will assess needs for investment in capital and for coverage of operating, rental assistance, and services costs for purposes of moving persons experiencing homelessness into permanent housing.

(1) Summarize the current inventory of services for persons experiencing homelessness by describing all of the following:
(A) The major funding streams supporting programs for people in federal HUD homeless categories one, two, and four, which are literal homelessness, imminently at-risk of homelessness, and fleeing or attempting to flee domestic violence, respectively.
(B) The permanent and interim housing inventory, and the supportive case management, mental health, and substance abuse services slots, available to persons experiencing homelessness.
(C) The target populations served, their demographics, and the incidence rates of federal HUD homeless subpopulations.
(D) Key indicators of statewide homeless system performance, including estimates of inflow into homelessness, including state-funded institutional settings that discharge people into homelessness, exits to permanent housing, length of time homeless, rate of returns to homelessness, and other federal HUD System Performance Measures, disaggregated by race.
(2) Quantify the need for additional interventions, and the associated costs for those interventions, to achieve a 90 percent reduction in population-level homelessness by December 31, 2028. This shall include a financial model that will assess needs for investment in capital and for coverage of annual operating, rental assistance, and services costs.

(2)

(b) For purposes of collecting data pursuant to paragraph (1), subdivision (a), and upon the appropriation pursuant to subdivision (a) that includes coverage of costs, local government may collaborate with the coordinating council to do all both of the following:

(A)

(1) If available, share existing data from local gaps or needs analyses to inform statewide data.

(B)

(2) Conduct a gaps and needs analysis in a sampling of up to six geographically diverse regions to inform statewide data.

(3)(A)

(c) (1) For purposes of collecting data pursuant to paragraph (1), subdivision (a), evaluate all relevant and available data, including, but not limited to, Homeless Management Information System (HMIS) data and reports, data from other agencies and departments, 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 into homelessness.

(B)

(2) To the extent specific data is unavailable for purposes of subparagraph (A), paragraph (1), the council may calculate estimates based on national or local data. The council shall only use data that meets either of the following requirements:

(i)

(A) The data is from an evaluation or study from a third-party evaluator or researcher and is consistent with data from evaluations or studies from other third-party evaluators or researchers.

(ii)

(B) A federal agency cites and refers to the data as evidence-based.

(4)

(d) Seek input from the council’s members on the direction of, design of data collection for, and items to be included in the analysis conducted pursuant to paragraph (1). subdivision (a).

(5)

(e) Report on the final needs and gaps analysis by July 31, 2021, to the Assembly Committee on Housing and Community Development, 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)For purposes of this section, 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)“Interim interventions” include, but are not limited to, year-round shelter beds, recuperative care beds, and motel vouchers.

(3)“State-funded institutional settings” include, but are not limited to, justice, juvenile justice, child welfare, and health care settings.

(4)“Young adult” means a person 18 to 24 years of age, inclusive.

SEC. 5.

 Section 8257.2 is added to the Welfare and Institutions Code, to read:

8257.2.
 (a) Notwithstanding any other law, for purposes of designing, collecting data for, and approving the needs and gaps analysis described in Section 8257.1, a state department or agency that has a member on the coordinating council shall, within 180 days of a request for data pertaining to that state department or agency, provide to the council, or the entity conducting the analysis, the requested data, including, but not limited to, the number or rate of persons exiting state-funded institutional settings into homelessness.
(b) The state department or agency shall remove any personally identifying data provided pursuant to subdivision (a), if any.
(c) For purposes of this section, the following definitions apply:
(1) “Personally identifying information” has the same meaning as that in Section 1798.79.8 of the Civil Code.
(2) “State-funded institutional settings” include, but are not limited to, justice, juvenile justice, child welfare, and health care settings.

SEC. 6.

 Chapter 6.6 (commencing with Section 8258) is added to Division 8 of the Welfare and Institutions Code, to read:
CHAPTER  6.6. Housing and Homelessness Inspector General

8258.
 For purposes of this chapter:

(a)“Coordinating council” means the Homeless Coordinating and Financing Council established pursuant to Section 8257.

(a) “Department” means the Department of Housing and Community Development.
(b) “Inspector general” means the Housing and Homelessness Inspector General.
(c) “Local agency” means a city, county, county or city and county.
(d) “Office” means Office of the Housing and Homelessness Inspector General.
(e) “State department or agency” means state agency or department that administers a state program to address homelessness.

8258.1.
 (a) There is in state government the Office of the Housing and Homelessness Inspector General as an independent office within the Business, Consumer Services, and Housing agency. The office shall be under the supervision of the Housing and Homelessness Inspector General.
(b) The inspector general shall be appointed by, and hold office at the pleasure of, the Governor. The appointment of the inspector general is subject to confirmation by the Senate.
(c) The inspector general shall receive an annual salary as set forth in Section 11552 of the Government Code.
(d) The inspector general shall have all of the following responsibilities:
(1) Oversee the implementation of this chapter.
(2) Monitor the implementation and progress of state and local agency plans adopted pursuant to Section 8258.3.
(3) Provide technical assistance to state and local agencies in complying with this chapter.
(4) Audit state and local agencies to determine compliance with adopted plans.
(5) Bring actions against a state or local agency to compel compliance with their respective adopted plans pursuant to Section 8258.3.
(6) Investigate complaints and issue civil penalties pursuant to Section 8258.5.

8258.2.
 (a) It is the intent of the Legislature that each state and local agency shall aim to reduce homelessness in their jurisdiction by 90 percent by December 31, 2028, based on the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.
(b) It is the intent of the Legislature that a state or local agency is only accountable under this chapter for reducing homelessness to the extent that it has available resources to address homelessness, and that the state or local agency should not be required to expend additional funds not contained in its actionable plan in order to meet the benchmark goal set by the coordinating council. department.

8258.3.
 (a) (1) The coordinating council department shall, based on the gap analysis conducted pursuant to Section 8257.1, set a benchmark goal to reduce homelessness for each state and local agency. The benchmark goal shall establish a minimum percentage reduction of homelessness goal within the state or local agency’s jurisdiction by December 31, 2028, based on the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) The coordinating council department shall establish annual homelessness reduction benchmarks for each state and local agency that require progress toward the benchmark goal established pursuant to paragraph (1).
(b) (1) On or before January 1, 2022, each state and local agency shall develop an actionable plan to achieve the benchmark goal set pursuant to subdivision (a).
(2) The plan shall include all of the following:
(A) A description and the amount of all funding sources that the state or local agency agency, and any incorporated jurisdiction and continuum of care within the local agency, has earmarked or committed to reducing and addressing homelessness homelessness, mental illness, and substance abuse within their jurisdiction.
(B) The estimated amount of additional funding needed to meet the homelessness reduction goal described in subdivision (a).
(C) Timelines for the state or local agency to utilize the funding identified in subparagraph (A).
(D) Specific actions that the state or local agency will take to meet the goal established in subdivision (c) (c), taking into account funding limitations in subparagraph (B), by reducing the number of individuals who are experiencing homelessness in the relevant jurisdiction by moving individuals into permanent housing. housing and ensuring the adequate provision of related social services to achieve and maintain that housing.
(E) Specific roles and responsibilities that each jurisdiction will assume to meet the benchmark goal established in subdivision (a), to ensure collaboration, leverage resources, and avoid the duplication of services and efforts.
(F) A plan may identify innovation projects to test new policies or programs that are designed to help the local agency meet its benchmark goal by reducing costs, leveraging additional resources, or increasing performance, such as by increasing housing exits, reducing returns to homelessness, and reducing the length of time experiencing homelessness.
(3) A county or city local agency developing a plan pursuant to this subdivision subdivision, and any incorporated jurisdiction implicated in the plan pursuant to subparagraphs (A) and (E) of paragraph (2), shall adopt the plan by resolution.
(4) On or before January 1, 2022, each state and local agency subject to this section shall transmit the adopted plan to the coordinating council. department.
(5) Each state and local agency shall submit an annual progress report to the coordinating council department that details the progress and implementation of the adopted plan and any amendments proposed to the plan. Amendments to a plan shall be reviewed by the coordinating council department pursuant to subdivision (c).
(c) (1) Upon receipt of a plan adopted pursuant to subdivision (b), the coordinating council department shall review the plan and provide feedback and recommended revisions to the state or local agency.
(2) A state or local agency that receives recommended revisions to their plan from the coordinating council department shall either adopt the recommended revisions, or adopt findings as to why the revisions are not needed.
(d) (1) The coordinating council department shall monitor the progress of each state or local agency required to adopt and implement a plan pursuant to subdivision (b). If the coordinating council department determines that a state or local agency has not adopted an actionable plan pursuant to subdivision (b), or has failed within a reasonable time after adoption of a plan to make progress in accordance with that plan, the coordinating council department shall notify the state or local agency and the inspector general that the state or local agency is not in substantial compliance with subdivision (b).
(2) If new resources are identified in a progress report submitted pursuant to paragraph (5) of subdivision (b), the coordinating council department may revise a benchmark goal established pursuant to subdivision (a).

8258.4.
 (a) On or after January 1, 2022, the inspector general may bring an action against a state or local agency to compel compliance with Section 8258.3 pursuant to Section 1085 of the Code of Civil Procedure. An In determining whether to bring an action, the inspector general shall consider population-level reductions in homelessness, as measured by the homeless point-in-time count, as the primary indicator of benchmark goal compliance, but may also consider the state or local agency’s demonstrated progress towards HUD System Performance Measures.
(b) An action against a state agency pursuant to this section shall be brought in the Superior Court of the County of Sacramento. An action against a county pursuant to this section shall be brought in the superior court for that county, and an action brought against a city pursuant to this section shall be brought in the superior court for the county in which the city is located.

(b)

(c) (1) If, in any an action brought pursuant to this section, the court finds that the applicable state or local agency has not substantially complied with Section 8258.3, the inspector general may request that the court issue an order or judgment directing the state or local agency to substantially comply with this section by taking any of the following actions:
(A) In the case of a state or local agency that has failed to adopt an actionable plan within the time period specified in subdivision (b) of Section 8258.3, adopt a plan in accordance with this section.
(B) Dedicate the resources identified in the plan, consistent with applicable state or federal law, to reduce the number of individuals who are experiencing homelessness within the jurisdiction of the state or local agency.
(C) Coordinate with other state or local agencies to reduce the number of individuals who are experiencing homelessness.
(D) Pool resources identified in the plan, consistent with applicable state or federal law, with the resources of other jurisdictions in order to address regional challenges to reducing homelessness.
(E) Require jurisdictions within local agencies to rezone sites to permit the construction of housing and emergency shelters.
(F) Order a jurisdiction to establish coordinated entry points for homeless individuals and those at imminent risk of becoming homeless. otherwise comply with the roles identified in subdivision (b) of Section 8258.3.
(2) The remedies available to a court that finds that the applicable state or local agency has not substantially complied with Section 8258.3 shall be limited to those described in paragraph (1).
(3) If the court issues an order or judgment pursuant to paragraph (1), it shall retain jurisdiction for no more than 12 months to ensure that its order or judgment is carried out.
(4) If the local agency has identified an innovation project in their local plan pursuant to Section 8258.3, it shall be exempt from any action described in paragraph (1) if that project fails to meet goals as stated in the approved plan.

(4)

(5) An order or judgment of the court pursuant to paragraph (1) may be reviewed in the manner prescribed in Title 13 (commencing with Section 901) of Part 2 of the Code of Civil Procedure. Notwithstanding any other law, an appeal pursuant to this paragraph shall be heard on an expedited basis.

8258.5.
 (a) A state or local agency shall not deliberately and intentionally transport a homeless individual to a different jurisdiction in order to reduce the number of homeless individuals within their its jurisdiction.
(b) Any person may file a complaint with the inspector general that a state or local agency violated this subdivision. subdivision (a).
(c) (1) The inspector general shall investigate a complaint received pursuant to subdivision (a).
(2) After investigating a complaint, the inspector general shall impose a civil penalty on any state or local jurisdiction that is found to have violated subdivision (a) a civil penalty in an amount not to exceed ten thousand dollars ($10,000) per individual transported outside of the jurisdiction.

SEC. 7.

 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.
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