BILL NUMBER: AB 1056INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Atkins FEBRUARY 26, 2015 An act to add Chapter 4 (commencing with Section 34650) to Part 2 of Division 24 of the Health and Safety Code, relating to housing assistance. LEGISLATIVE COUNSEL'S DIGEST AB 1056, as introduced, Atkins. Housing assistance: formerly incarcerated tenants. (1) 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 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. The Housing Authorities Law establishes, in each county and city, a public body corporate and politic known as the housing authority of the county or city. This bill would authorize a housing authority, defined to include an entity created pursuant to the Housing Authorities Law or a housing-related entity created by a county, to develop a housing supports program, as defined. The bill would require a housing supports program to provide rental assistance for a specified period to persons who are formerly incarcerated, provide rapid rehousing services, and conduct an individual needs assessment for each prospective tenant to determine the level of services provided and length of assistance. The bill would authorize the housing authority to finance the program through grants provided by the Board of State and Community Corrections or the California Housing Finance agency, existing funding sources except as specified, establishment of a regional center under specified provisions, and a grant repayment component of the housing supports program. The bill would require the Board of State and Community Corrections to develop a request for proposal process for awarding grants to housing authorities that establish a housing supports program. The bill would require the California Housing Finance Agency to develop a similar request for proposal process for awarding grants to housing authorities located in small or rural counties, as defined. The bill would require the request for proposal process for both agencies to give preference to housing authorities that demonstrate the ability to attract matching funds or leverage existing funds and to give consideration to the geographic diversity of applicant housing authorities. (2) The Safe Neighborhoods and Schools Act establishes within the State Treasury the Safe Neighborhoods and Schools Fund to receive moneys transferred from the General Fund in an amount equal to the savings resulting from the implementation of the act, as specified. The act requires that 65% of the moneys in the Safe Neighborhoods and Schools Fund be allocated the Board of State and Community Corrections to administer a grant program to public agencies aimed at supporting specified types of programs, including diversion programs, for people in the criminal justice system with an emphasis on programs that reduce recidivism, as specified. This bill would create the Second Chance Fund in the State Treasury. The bill would require the Board of State and Community Corrections to deposit an amount equal to 33% of the above-described moneys it receives from the Safe Neighborhoods and Schools Fund. The bill would also authorize the Second Chance Fund to receive moneys from any other federal, state, or local grant, or from any private donation. The bill would require that 90% of the moneys in the Second Chance Fund be allocated to the board and 10% to the California Housing Finance Agency to administer grants for housing supports programs, as specified. The bill would require the board to administer these provisions, and moneys in the fund would be continuously appropriated to the board for expenditure for these purposes. By creating a continuously appropriated fund, this bill would make an appropriation. (3) The Safe Neighborhoods and Schools Act provides that its provisions may be amended by a statute, passed by a 2/3 vote of each house of the Legislature and signed by the Governor, that is consistent with and furthers the intent of the act. This bill would declare that its provisions further the intent of the Safe Neighborhoods and Schools Act. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 4 (commencing with Section 34650) is added to Part 2 of Division 24 of the Health and Safety Code, to read: CHAPTER 4. SECOND CHANCE PROGRAM 34650. For the purposes of this chapter, the following definitions shall apply: (a) "Housing authority" means a public corporation established pursuant to Chapter 1 (commencing with Section 34200) or a housing-related entity established by a county. (b) "Rural or small county" means a county with a population of not more than 750,000. (c) "Housing supports program" means a program for providing housing-related assistance to individuals that utilizes evidence-based models, including those established in the federal Department of Housing and Urban Development's Homeless Prevention and Rapid Re-Housing Program. A housing supports program may include, but shall not be limited to, both of the following: (1) Financial assistance, including rental assistance, security deposits, utility payments, moving cost assistance, and motel and hotel vouchers. (2) Housing stabilization and relocation, including outreach and engagement, landlord recruitment, case management, housing search and placement, legal services, and credit repair. 34651. (a) (1) A housing authority may develop a housing supports program. A housing authority implementing a housing supports program established pursuant to this section shall, at minimum, do all of the following: (A) Provide rental assistance, for a period of not less than three months and not more than 24 months, to persons who are formerly incarcerated. (B) Provide rapid rehousing services, including housing location services. (C) Conduct an individual needs assessment for each prospective tenant to determine the level of services provided and the length of assistance. (2) A housing authority may include a grant-repayment component in its housing supports program requiring a tenant to repay a portion of the aid received over time. (b) A housing authority may finance a housing supports program by any of the following means: (1) Grants from the Board of State and Community Corrections, as specified in Section 34652, or the California Housing Finance Agency, as specified in Section 34653. (2) Existing funding sources, except that the housing authority shall not utilize moneys received pursuant to the federal Housing Choice Voucher Program set forth in Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) unless the tenant receiving housing supports would otherwise qualify for assistance under that program. (3) Establishing, operating, and maintaining a regional center pursuant to the United States Citizenship and Immigration Services' EB-5 Investment Program, contained in Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. Sec. 1153(b)(5)) and Section 204.6 of Title 8 of the Code of Federal Regulations, in accordance with the requirements of the California Foreign Investment Program (Chapter 4.2 (commencing with Section 6315) of Division 7 of Title 1 of the Government Code). If the housing authority establishes a regional center pursuant to this paragraph, it shall utilize not less than 50 percent of the moneys received pursuant to the EB-5 Investment Program for the purposes of administering a housing supports program. (4) A grant repayment component of the housing supports program, as specified in paragraph (2) of subdivision (a). 34652. The Board of State and Community Corrections shall develop a request for proposal process for awarding grants to housing authorities that establish a housing supports program pursuant to this chapter. In awarding grants, the board shall do both of the following: (a) Give preference to housing authorities that demonstrate the ability to attract matching funds or leverage existing funds. (b) Give consideration to the geographic diversity of the housing authorities applying for grants. 34653. The California Housing Finance Agency shall develop a request for proposal process for awarding grants to housing authorities that establish a housing supports program pursuant to this chapter and are located in a rural or small county. In awarding grants, the board shall do both of the following: (a) Give preference to housing authorities that demonstrate the ability to attract matching funds or leverage existing funds. (b) Give consideration to the geographic diversity of the housing authorities applying for grants. 34654. (a) The Second Chance Fund is hereby created in the State Treasury. The Board of State and Community Corrections shall be the entity responsible for administering this section. Moneys in the fund are hereby continuously appropriated without regard to fiscal year for the purposes of this chapter. (b) (1) The Board of State and Community Corrections shall deposit an amount equal to 33 percent of the moneys disbursed to it pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code into the Second Chance Fund. (2) The Second Chance Fund may receive moneys from any other federal, state, or local grant, or from any private donation or grant, for the purposes of this chapter. (c) Moneys in the Second Chance Fund shall be disbursed as follows: (1) Ninety percent to the Board of State and Community Corrections for the purposes of administering the grant program described in Section 34652. (2) Ten percent to the California Housing Finance Agency for the purpose administering the grant program described in Section 34653. SEC. 2. The Legislature finds and declares that this act furthers the intent of the Safe Neighborhoods and Schools Act enacted by Proposition 47 at the November 4, 2014, general election.