Bill Text: CA AB870 | 2015-2016 | Regular Session | Amended
Bill Title: State government: administrative regulations: review.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB870 Detail]
Download: California-2015-AB870-Amended.html
BILL NUMBER: AB 870 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 11, 2016
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN ASSEMBLY JUNE 2, 2015
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Cooley
FEBRUARY 26, 2015
An act to add and repeal Chapter 1 (commencing with
Section 15290) of Part 6.6 of Division 3 of Title 2 of the Government
Code, relating to housing. An act to add and repeal
Chapter 3.6 (commencing with Section 11366) of Part 1 of Division 3
of Title 2 of the Government Code, relating to state agency
regulations, and declaring the urgency thereof, to take effect
immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 870, as amended, Cooley. Homelessness: rapid
rehousing. State government: administrative
regulations: review.
Existing law authorizes various state entities to adopt, amend, or
repeal regulations for various specified purposes. The
Administrative Procedure Act requires the Office of Administrative
Law and a state agency proposing to adopt, amend, or repeal a
regulation to review the proposed changes for, among other things,
consistency with existing state regulations.
This bill, until January 1, 2020, would require each state agency
to, on or before January 1, 2019, review that agency's regulations,
identify any regulations that are duplicative, overlapping,
inconsistent, or out of date, revise those identified regulations, as
provided, and report to the Legislature and Governor, as specified.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing federal law, the American Recovery and Reinvestment Act
of 2009, allocated, until September 30, 2011, $1.5 billion to the
federal Department of Housing and Urban Development for the
Homelessness Prevention Fund, to be used for homelessness prevention
and rapid rehousing. Existing federal law, known as the Emergency
Solutions Grants Program, provides grants to states, local
governments, and private nonprofit organizations, as specified, for
specified housing assistance activities. Existing law, the California
Work Opportunity and Responsibility to Kids Act, provides housing
supports to individuals if the administering county determines that
the individual or his or her family is experiencing homelessness or
housing instability that would be a barrier to self-sufficiency or
child well-being and declares that it is the intent of the
Legislature that housing supports utilize evidence-based models,
including those established in the federal Department of Housing and
Urban Development's Homeless Prevention and Rapid Re-Housing Program.
This bill would require the Department of Housing and Community
Development to establish, upon appropriation of funds in the annual
Budget Act, an enhancement program for awarding grants to counties
and private nonprofit organizations that operate a rapid rehousing
program. The bill would require the department to develop guidelines
to select 4 counties and private nonprofit organizations to receive
these grant funds and require that eligible counties and private
nonprofit organizations include those that are eligible to receive
funds from the state pursuant to the Emergency Solutions Grants
Program with a demonstrated high funding need. The bill would require
the department to give priority to counties with existing programs
that have demonstrated effectiveness in providing rapid rehousing for
homeless individuals and veterans. This bill would require the
department to distribute this money equally to each of the selected
counties and private nonprofit organizations, less an amount of up to
5% deducted for administrative purposes. The bill would repeal these
provisions as of July 1, 2018.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3.6 (commencing with Section
11366) is added to Part 1 of Division 3 of Title 2 of the
Government Code , to read:
CHAPTER 3.6. REGULATORY REFORM
Article 1. Findings and Declarations
11366. The Legislature finds and declares all of the following:
(a) The Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340), Chapter 4 (commencing with Section 11370), Chapter
4.5 (commencing with Section 11400), and Chapter 5 (commencing with
Section 11500)) requires agencies and the Office of Administrative
Law to review regulations to ensure their consistency with law and to
consider impacts on the state's economy and businesses, including
small businesses.
(b) However, the act does not require agencies to individually
review their regulations to identify overlapping, inconsistent,
duplicative, or out-of-date regulations that may exist.
(c) At a time when the state's economy is slowly recovering,
unemployment and underemployment continue to affect all Californians,
especially older workers and younger workers who received college
degrees in the last seven years but are still awaiting their first
great job, and with state government improving but in need of
continued fiscal discipline, it is important that state agencies
systematically undertake to identify, publicly review, and eliminate
overlapping, inconsistent, duplicative, or out-of-date regulations,
both to ensure they more efficiently implement and enforce laws and
to reduce unnecessary and outdated rules and regulations.
Article 2. Definitions
11366.1. For the purposes of this chapter, the following
definitions shall apply:
(a) "State agency" means a state agency, as defined in Section
11000, except those state agencies or activities described in Section
11340.9.
(b) "Regulation" has the same meaning as provided in Section
11342.600.
Article 3. State Agency Duties
11366.2. On or before January 1, 2019, each state agency shall do
all of the following:
(a) Review all provisions of the California Code of Regulations
adopted by that state agency.
(b) Identify any regulations that are duplicative, overlapping,
inconsistent, or out of date.
(c) Adopt, amend, or repeal regulations to reconcile or eliminate
any duplication, overlap, inconsistencies, or out-of-date provisions,
and shall comply with the process specified in Article 5 (commencing
with Section 11346) of Chapter 3.5, unless the addition, revision,
or deletion is without regulatory effect and may be done pursuant to
Section 100 of Title 1 of the California Code of Regulations.
(d) Hold at least one noticed public hearing, which shall be
noticed on the Internet Web site of the state agency, for the
purposes of accepting public comment on proposed revisions to its
regulations.
(e) Notify the appropriate policy and fiscal committees of each
house of the Legislature of the revisions to regulations that the
state agency proposes to make at least 30 days prior to initiating
the process under Article 5 (commencing with Section 11346) of
Chapter 3.5 or Section 100 of Title 1 of the California Code of
Regulations.
(f) (1) Report to the Governor and the Legislature on the state
agency's compliance with this chapter, including the number and
content of regulations the state agency identifies as duplicative,
overlapping, inconsistent, or out of date, and the state agency's
actions to address those regulations.
(2) The report shall be submitted in compliance with Section 9795
of the Government Code.
11366.3. (a) On or before January 1, 2019, each agency listed in
Section 12800 shall notify a department, board, or other unit within
that agency of any existing regulations adopted by that department,
board, or other unit that the agency has determined may be
duplicative, overlapping, or inconsistent with a regulation adopted
by another department, board, or other unit within that agency.
(b) A department, board, or other unit within an agency shall
notify that agency of revisions to regulations that it proposes to
make at least 90 days prior to a noticed public hearing pursuant to
subdivision (d) of Section 11366.2 and at least 90 days prior to
adoption, amendment, or repeal of the regulations pursuant to
subdivision (c) of Section 11366.2. The agency shall review the
proposed regulations and make recommendations to the department,
board, or other unit within 30 days of receiving the notification
regarding any duplicative, overlapping, or inconsistent regulation of
another department, board, or other unit within the agency.
11366.4. An agency listed in Section 12800 shall notify a state
agency of any existing regulations adopted by that agency that may
duplicate, overlap, or be inconsistent with the state agency's
regulations.
11366.45. This chapter shall not be construed to weaken or
undermine in any manner any human health, public or worker rights,
public welfare, environmental, or other protection established under
statute. This chapter shall not be construed to affect the authority
or requirement for an agency to adopt regulations as provided by
statute. Rather, it is the intent of the Legislature to ensure that
state agencies focus more efficiently and directly on their duties as
prescribed by law so as to use scarce public dollars more
efficiently to implement the law, while achieving equal or improved
economic and public benefits.
Article 4. Chapter Repeal
11366.5. This chapter shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order for state agencies to timely complete a full review of
regulations by the 2019 deadline, it is necessary that this act take
effect immediately.
SECTION 1. The Legislature finds and declares
the following:
(a) In 2013, the United States Department of Housing and Urban
Development (HUD) reported that California has nearly 40,000
chronically homeless persons, which is 36 percent of the total
chronically homeless population of the United States. This is due in
large part to an insufficient amount of affordable housing in
California.
(b) HUD also reported that there are over 15,000 homeless veterans
in California.
(c) Several studies, including one by the Journal of the American
Medical Association, have demonstrated that it is far more cost
effective and efficient to provide the homeless with permanent,
supportive housing through "rapid rehousing" and "housing first"
initiatives. These measures also reduce the cost to governments of
funding shelters and emergency services.
SEC. 2. Chapter 1 (commencing with Section
15290) is added to Part 6.6 of Division 3 of Title 2 of the
Government Code, to read:
CHAPTER 1. RAPID REHOUSING ENHANCEMENT PROGRAM
15290. For the purposes of this chapter, the following
definitions shall apply:
(a) "Department" means the Department of Housing and Community
Development.
(b) "Homeless" has the same meaning as defined in Section 576.2 of
Title 24 of the Code of Federal Regulations.
(c) "Enhancement program" means the program established pursuant
to this chapter for distributing funds to counties and private
nonprofit organizations.
(d) "Private nonprofit organization" has the same meaning as
defined in Section 11371 of Title 42 of the United States Code.
15290.5. (a) Upon appropriation of funds in the annual Budget
Act, the department shall establish an enhancement program for
awarding grants to counties and private nonprofit organizations that
operate a rapid rehousing program. The department shall administer
the enhancement program.
(b) The department shall develop guidelines to select four
counties or private nonprofit organizations to participate in the
enhancement program. Eligible counties and private nonprofit
organizations shall include counties and private nonprofit
organizations eligible to receive funds from the state pursuant to
the federal Emergency Solutions Grants Program (42 U.S.C. Sec. 11371
et seq.) with a demonstrated high funding need. The department shall
select counties and private nonprofit organizations by giving
priority to those counties or private nonprofit organizations with
existing rapid rehousing programs that have demonstrated
effectiveness in providing rapid rehousing for individuals and
veterans of the United States military experiencing homelessness.
(c) Counties and private nonprofit organizations selected to
receive funds pursuant to this section shall comply with the
reporting requirements as required by the department under state and
federal regulations implementing the Emergency Solutions Grants
Program (42 U.S.C. Sec. 11371 et seq.).
(d) The department shall distribute an equal amount of the money
received pursuant to this section each year, less any amount deducted
for administrative purposes, to each of the selected counties and
private nonprofit organizations.
(e) The department may use up to 5 percent of the money received
pursuant to this section for the purpose of administering this
chapter.
15291. This chapter shall remain in effect only until July 1,
2018, and as of that date is repealed.
