Colorado 2022 2022 Regular Session

Colorado House Bill HB1377 Enrolled / Bill

Filed 05/19/2022

                    HOUSE BILL 22-1377
BY REPRESENTATIVE(S) Woodrow and Exum, Amabile, Bacon,
Bernett, Bird, Boesenecker, Cutter, Duran, Esgar, Froelich, Herod, Hooton,
Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McCormick,
Michaelson Jenet, Mullica, Ricks, Sirota, Snyder, Sullivan, Tipper, Titone,
Valdez A., Valdez D., Young, Garnett;
also SENATOR(S) Kolker and Gonzales, Bridges, Buckner, Danielson,
Donovan, Fields, Hansen, Jaquez Lewis, Lee, Moreno, Pettersen, Story,
Winter, Zenzinger
.
C
ONCERNING THE CREATION OF THE CONNECTING COLORADANS
EXPERIENCING HOMELESSNESS WITH SERVICES
, RECOVERY CARE, AND
HOUSING SUPPORTS GRANT PROGRAM
, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1)  The general assembly
finds, determines, and declares that:
(a)  The state of Colorado is focused on supporting communities to
create proven responses to homelessness that are designed to connect
people without stable housing to services, care, and housing to help ensure
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. that when homelessness occurs, it is rare and brief, and that no one gets left
behind;
(b)  The COVID-19 pandemic has exacerbated Colorado's
homelessness and behavioral health crisis. Many communities do not have
sufficient responses to address housing and behavioral health needs for their
community members.
(c)  People experiencing homelessness with chronic behavioral
health issues face many challenges in accessing long-term treatment and are
far more likely to receive care in hospital emergency departments. Without
trained and dedicated providers or advocates, people experiencing
homelessness often end up in a cycle of expensive treatment with little or
no follow-up.
(d)  Housing and support services are crucial for the safety, health,
and well-being of Coloradans. Extensive research shows that housing is an
essential social determinant of health. Stable housing improves health
outcomes and decreases health-care costs.
(2)  Therefore, it is the intent of the general assembly to facilitate
investments in local communities across the state of Colorado to quickly
connect people experiencing homelessness with services, treatment, and
temporary and permanent housing to put them on a path to economic
self-sufficiency.
(3)  The general assembly further finds and declares that the grant
program described in this act is an important government service.
SECTION 2. In Colorado Revised Statutes, add 24-32-732 as
follows:
24-32-732.  Connecting Coloradans experiencing homelessness
with services, recovery care, and housing supports grant program -
funding - report - definitions - repeal. (1)  Definitions. A
S USED IN THIS
SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a)  "C
OMMUNITY PARTNER " MEANS A NONPROFIT ORGANIZATION
THAT UNDERTAKES ANY OF THE ACTIVITIES OR SERVICES DESCRIBED IN
SUBSECTION
 (2)(c) OF THIS SECTION.
PAGE 2-HOUSE BILL 22-1377 (b)  "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS .
(c)  "E
LIGIBLE RECIPIENT" MEANS A LOCAL GOVERNMENT OR A
COMMUNITY PARTNER THAT APPLIES FOR A GRANT THROUGH THE GRANT
PROGRAM
.
(d)  "F
UND" MEANS THE CONNECTING COLORADANS EXPERIENCING
HOMELESSNESS WITH SERVICES
, RECOVERY CARE, AND HOUSING SUPPORTS
FUND CREATED IN SUBSECTION
 (5)(a) OF THIS SECTION.
(e)  "G
RANT PROGRAM" MEANS THE CONNECTING COLORADANS
EXPERIENCING HOMELESSNESS WITH SERVICES
, RECOVERY CARE, AND
HOUSING SUPPORTS GRANT PROGRAM CREATED IN SUBSECTION
 (2)(a) OF THIS
SECTION
.
(f)  "L
OCAL GOVERNMENT" MEANS A COUNTY, MUNICIPALITY, CITY
AND COUNTY
, TRIBAL GOVERNMENT , SPECIAL DISTRICT ORGANIZED
PURSUANT TO TITLE 
32, SCHOOL DISTRICT, DISTRICT, HOUSING AUTHORITY,
COUNCIL OF GOVERNMENTS , REGIONAL PLANNING COMMISSION ORGANIZED
PURSUANT TO TITLE 
30, OR ANY OTHER POLITICAL SUBDIVISION OF THE
STATE
.
(g)  "M
ATCH" MEANS MONETARY AND NONMONETARY
CONTRIBUTIONS TO A PROJECT
.
(2)  Creation of the grant program - projects or programs
eligible for funding. (a)  T
HERE IS CREATED IN THE DIVISION THE
CONNECTING 
COLORADANS EXPERIENCING HOMELESSNESS WITH SERVICES ,
RECOVERY CARE, AND HOUSING SUPPORTS GRANT PROGRAM TO PROVIDE
GRANTS TO ELIGIBLE RECIPIENTS TO ENABLE THEM TO MAKE INVESTMENTS
OR IMPROVEMENTS IN THEIR COMMUNITIES OR REGIONS OF THE STATE TO
:
(I)
  QUICKLY CONNECT PEOPLE EXPERIENCING HOMELESSNESS TO
SERVICES
, VOCATIONAL OPPORTUNITIES, RECOVERY CARE, AND TEMPORARY
AND PERMANENT HOUSING IN ACCORDANCE WITH THE REQUIREMENTS OF
THIS SECTION
; AND
(II) ENSURE COLORADO HAS A COMMUNITY -BASED CONTINUUM OF
RESPONSES FOR PEOPLE EXPERIENCING HOMELESSNESS
, INCLUDING
OUTREACH SUPPORT
, EMERGENCY SHELTERS , TRANSITIONAL HOUSING	,
PAGE 3-HOUSE BILL 22-1377 RECOVERY CARE AND RELATED RESIDENTIAL PROGRAMS , TRAINING AND
EMPLOYMENT SERVICE PROGRAMS
, AND PERMANENT HOUSING WITH
WRAPAROUND SUPPORTIVE SERVICES
.
(b)  T
HE DIVISION SHALL ADMINISTER THE GRANT PROGRAM .
(c)  T
HE DIVISION MAY AWARD GRANTS UNDER THE GRANT PROGRAM
TO SUPPORT ELIGIBLE RECIPIENTS IN PROJECTS OR PROGRAMS THAT
:
(I)  P
ROVIDE GAP FINANCING FOR THE PURCHASE OR CONVERSION OF
UNDERUTILIZED PROPERTIES IN COMMUNITIES WHERE EFFORTS HAVE BEEN
MADE TO ENCOURAGE CONVERSION OF UNDERUTILIZED PROPERTIES INTO
TRANSITIONAL OR SUPPORTIVE HOUSING THAT PROVIDES WRAPAROUND
SERVICES
;
(II)  P
ROVIDE SUPPORTIVE SERVICES SO LONG AS THE SUPPORTIVE
SERVICES MEET THE GRANT PROGRAM GOALS OUTLINED IN SUBSECTION 
(4)
OF THIS SECTION. SUCH SUPPORTIVE SERVICES INCLUDE THOSE DESCRIBED
IN
 42 CFR 578.53, OR ANY SUCCESSOR REGULATION , AND THOSE
DETERMINED BY THE DIVISION
. FUNDS MAY BE USED TO PROVIDE
SUPPORTIVE SERVICES IN CONJUNCTION WITH CAPITAL IMPROVEMENTS AND
HOUSING DEVELOPMENT PROJECTS OR AS STANDALONE SERVICES THAT ARE
PROVIDED TO AN INDIVIDUAL THROUGH A SERVICE PROVIDER
.
(III)  I
NVEST IN DATA COLLECTION, MANAGEMENT, AND ANALYSIS
PROCESSES TO UNDERSTAND THE SCALE OF THE NEED THROUGHOUT THE
STATE AND WHETHER THE ACTIVITIES AND INVESTMENTS THR OUGH THIS
GRANT AND OTHER STATEWIDE PROGRAMS COULD BE EFFECTIVE AT
REDUCING THE NUMBER OF PEOPLE EXPERIENCING HOMELESSNESS
;
(IV)  S
UPPORT THE COORDINATION AND INTEGRATION OF SYSTEMS TO
HELP CONNECT PEOPLE EXPERIENCING HOMELESSNESS WITH SERVICES AND
PROGRAMS THAT BEST FIT THEIR INDIVIDUAL NEEDS
; AND
(V)  FUND HOUSING DEVELOPMENT PROJECTS AND HOMELESS
RESPONSE PROGRAMS THAT INCLUDE BUT ARE NOT LIMITED TO
:
(A)  E
MERGENCY HOMELESS SHELTERS ;
(B)  T
RANSITIONAL AND BRIDGE HOUSING ;
PAGE 4-HOUSE BILL 22-1377 (C)  LONG-TERM HOUSING;
(D)  P
ERMANENT SUPPORTIVE HOUSING WITH SUPPORTIVE SERVICES ;
(E)  R
ECOVERY CARE AND RELATED RESIDENTIAL PROGRAMS ;
(F)  A
FFORDABLE HOME OWNERSHIP ASSISTANCE ;
(G)  A
FFORDABLE RENTAL HOUSING , INCLUDING SECURITY DEPOSIT
ASSISTANCE
;
(H)  E
DUCATIONAL AND VOCATIONAL OPPORTUNITIES ; AND
(I)  WORK-BASED LEARNING OPPORTUNITIES .
(d)  I
N ORDER TO RECEIVE A GRANT, AN ELIGIBLE RECIPIENT MUST
PROVIDE A MATCH IN RESOURCES
, AS DETERMINED BY THE DIVISION.
(3)  Policies, procedures, and guidelines. (a)   T
HE DIVISION SHALL
DEVELOP POLICIES
, PROCEDURES, AND GUIDELINES FOR THE GRANT PROGRAM
THAT
, WITHOUT LIMITATION:
(I)  D
ETERMINE HOW GRANTS FUNDED BY THE GRANT PROGRAM MUST
BE USED
;
(II)  E
STABLISH CRITERIA THAT THE DIVISION MUST CONSIDER IN
AWARDING GRANTS PURSUANT TO THIS SECTION
. AT A MINIMUM, THE
CRITERIA MUST INCLUDE THE CONSIDERATION OF
:
(A)  T
HE POTENTIAL IMPACT OF A PROJECT THAT AN ELIGIBLE
RECIPIENT FUNDS WITH A GRANT AWARD AND HOW THE PROJECT MEETS THE
GOALS OF THE GRANT PROGRAM
; AND
(B)  BEST PRACTICES, DATA, AND REGIONAL AND LOCAL
COLLABORATION
.
(III)  E
STABLISH THE PROCEDURES AND TIMELINES BY WHICH AN
ELIGIBLE RECIPIENT MAY APPLY FOR A GRANT
;
(IV)  R
EQUIRE GRANT RECIPIENTS TO OFFER A MATCH ;
PAGE 5-HOUSE BILL 22-1377 (V)  REQUIRE ELIGIBLE RECIPIENTS TO DEMONSTRATE HOW THE
GRANT FUNDS WILL BE USED TO INCREASE HOUSING AND ECONOMIC
SECURITY FOR INDIVIDUALS BEING SERVED THROUGH THE GRANT PROGRAM
ACTIVITIES AND EFFORTS
;
(VI)  E
STABLISH REPORTING REQUIREMENTS FOR GRANT RECIPIENTS ;
(VII)  E
STABLISH PERFORMANCE CRITERIA FOR GRANT RECIPIENTS '
PROJECTS;
(VIII)  P
ROVIDE ANY ADDITIONAL REQUIREMENTS THAT THE DIVISION
DEEMS NECESSARY TO ADMINISTER THE GRANT PROGRAM
; AND
(IX)  DEMONSTRATE THE ABILITY TO LEVERAGE PRIVATE CAPITAL ,
WHEN POSSIBLE.
(b)  N
OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION , THE
AMOUNT OF ANY GRANT AWARDED UNDER THE GRANT PROGRAM AND ANY
RESTRICTIONS OR CONDITIONS PLACED UPON THE USE OF GRANT MONEY
AWARDED IS WITHIN THE DISCRETION OF THE DIVISION IN ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION
.
(4)  Grant program goals. T
HE GRANT PROGRAM MUST BE
ADMINISTERED WITH THE GOAL OF REDUCING THE RATE AND EXPERIENCE OF
HOMELESSNESS BY SUPPORTING COMMUNITIES TO DEVELOP AND IMPLEMENT
ADEQUATE SUPPORT SYSTEMS TO EFFECTIVELY RESPOND TO THE BARRIERS
PEOPLE EXPERIENCING HOMELESSNESS FACE
.
(5)  Connecting Coloradans experiencing homelessness with
services, recovery care, and housing supports fund - transfer of money
to the fund - appropriation. (a)  T
HE CONNECTING COLORADANS
EXPERIENCING HOMELESSNESS WITH SERVICES
, RECOVERY CARE, AND
HOUSING SUPPORTS FUND IS CREATED IN THE DEPARTMENT
. THE FUND
CONSISTS OF MONEY TRANSFERRED TO THE FUND IN ACCORDANCE WITH
SUBSECTION
 (5)(d) OF THIS SECTION; MONEY APPROPRIATED TO THE FUND BY
THE GENERAL ASSEMBLY
; AND ANY GIFTS, GRANTS, OR DONATIONS FROM
ANY PUBLIC OR PRIVATE SOURCES
, INCLUDING GOVERNMENTAL ENTITIES ,
THAT THE DIVISION IS AUTHORIZED TO SEEK AND ACCEPT .
(b)  T
HE DEPARTMENT SHALL CREDIT ALL INTEREST AND INCOME
PAGE 6-HOUSE BILL 22-1377 DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE F UND TO
THE FUND
. ALL MONEY NOT EXPENDED OR ENCUMBERED , AND ALL INTEREST
EARNED ON THE INVESTMENT OR DEPOSIT OF MONEY IN THE FUND
, REMAINS
IN THE FUND AND DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER
FUND AT THE END OF ANY FISCAL YEAR
. THE MONEY IN THE FUND IS
CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT FOR THE PURPOSES
SPECIFIED IN THIS SECTION
.
(c)  T
HE DIVISION MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,
OR DONATIONS FROM ANY PUBLIC OR PRIVATE RESOURCE FOR THE PURPOSES
OF THIS SECTION
. THE DIVISION SHALL TRANSMIT ALL MONEY RECEIVED
FROM GIFTS
, GRANTS, OR DONATIONS TO THE DEPARTMENT , AND THE
DEPARTMENT SHALL CREDIT THE MONEY TO THE FUND
.
(d)  W
ITHIN THREE BUSINESS DAYS OF THE EFFECTIVE DATE OF THIS
SECTION
, THE STATE TREASURER SHALL TRANSFER ONE HUNDRED FIVE
MILLION DOLLARS FROM THE ECONOMIC RECOVERY AND RELIEF CASH FUND
CREATED IN SECTION 
24-75-228 THAT ORIGINATES FROM THE MONEY THE
STATE RECEIVED FROM THE FEDERAL CORONAVIRUS STATE FISCAL
RECOVERY FUND TO THE FUND FOR THE PURPOSE OF IMPLEMENTING THIS
SECTION
. THE DEPARTMENT SHALL ONLY USE THE MONEY TRANSFERRED
PURSUANT TO THIS SUBSECTION
 (5)(d) FOR:
(I)  M
AKING GRANTS TO ELIGIBLE RECIPIENTS PURSUANT TO THE
GRANT PROGRAM
; AND
(II)  THE COSTS OF ADMINISTERING THE GRANT PROGRAM AS MAY BE
INCURRED BY THE DIVISION
. THE DIVISION MAY EXPEND UP TO SEVEN
PERCENT OF THE MONEY APPROPRIATED OR TRANSFERRED TO THE FUND TO
PAY FOR THE DIRECT AND INDIRECT COSTS IN ADMINISTERING THE GRANT
PROGRAM
. ALL ADMINISTRATIVE COSTS MUST BE PAID OUT OF THE MONEY
TRANSFERRED TO THE FUND PURSUANT TO THIS SUBSECTION
 (5)(d)(II).
(e)  T
HE DIVISION MAY EXPEND UP TO FIVE MILLION DOLLARS OF THE
MONEY APPROPRIATED TO THE FUND FOR DATA COLLECTION AND OUTREACH
EFFORTS DETAILED IN SUBSECTION
 (2)(c)(III) OF THIS SECTION.
(f)  M
ONEY SPENT PURSUANT TO THIS SUBSECTION (5)(f) MUST
CONFORM WITH THE ALLOWABLE PURPOSES SET FORTH IN THE FEDERAL
"AMERICAN RESCUE PLAN ACT OF 2021", PUB.L. 117-2, AS AMENDED. THE
PAGE 7-HOUSE BILL 22-1377 DIVISION SHALL SPEND OR OBLIGATE SUCH APPROPRIATION PRIOR TO
DECEMBER 30, 2024, AND EXPEND THE APPROPRIATION ON OR BEFORE
DECEMBER 31, 2026.
(g)  T
HE EXPENDITURES MADE PURSUANT TO THIS SECTION
CONSTITUTE GOVERNMENT SERVICES
.
(h)  T
HIS SUBSECTION (5) IS REPEALED, EFFECTIVE DECEMBER 31,
2026.
(6)  Reporting. (a)  T
HE DIVISION SHALL INCLUDE IN THE PUBLIC
REPORT THE DIVISION PREPARES IN ACCORDANCE WITH SECTION 
24-32-705.5
(1)
 INFORMATION SUMMARIZING THE USE OF ALL THE MONEY THAT WAS
AWARDED AS GRANTS FROM THE GRANT PROGRAM IN THE PRECEDING STATE
FISCAL YEAR
. AT A MINIMUM, THE INFORMATION MUST SPECIFY:
(I)  T
HE NUMBER OF LOCAL GOVERNMENTS OR COMMUNITY PARTNERS
THAT APPLIED FOR A GRANT
, INCLUDING THE NUMBER OF LOCAL
GOVERNMENTS OR COMMUNITY PARTNERS THAT WERE NOT AWARDED A
GRANT
;
(II)  T
HE AMOUNT OF THE GRANT MONEY DISTRIBUTED TO EACH
GRANT RECIPIENT
;
(III)  A
 DESCRIPTION OF EACH GRANT RECIPIENT'S USE OF THE GRANT
MONEY
;
(IV)  H
OW THE USE OF THE GRANT AWARDED FURTHERED THE GOALS
OF THE GRANT PROGRAM DESCRIBED IN SUBSECTION 
(4) OF THIS SECTION;
AND
(V)  RECOMMENDATIONS CONCERNING FURTHER ADMINISTRATION OF
THE GRANT PROGRAM
.
(b)  T
HE DIVISION AND ANY ENTITY THAT RECEIVES MONEY FROM THE
DIVISION SHALL COMPLY WITH THE COMPLIANCE
, REPORTING,
RECORD-KEEPING, AND PROGRAM EVALUATION REQUIREMENTS ESTABLISHED
BY THE OFFICE OF STATE PLANNING AND BUDGETING AND THE STATE
CONTROLLER IN ACCORDANCE WITH SECTION 
24-75-226 (5).
PAGE 8-HOUSE BILL 22-1377 (c)  IN THE 2023 LEGISLATIVE SESSION, THE DEPARTMENT, IN
CONJUNCTION WITH THE DEPARTMENT OF HEALTH CARE POLICY AND
FINANCING
, SHALL SHARE ANY RESULTS, RECOMMENDATIONS, AND FEDERAL
IMPLICATIONS CONCERNING ANY CURRENT SUPPORTIVE HOUSING PILOT
PROGRAMS BEING ADMINISTERED BY THE DEPARTMENT AND DIVISION AND
THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING AS PART OF ITS
"STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND
TRANSPARENT (SMART) GOVERNMENT ACT" HEARING PURSUANT TO
SECTION 
2-7-203. IN THE 2023 LEGISLATIVE SESSION, THE DEPARTMENT AND
THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING SHALL SUBMIT
A REPORT DETAILING ANY SUCH RESULTS
, RECOMMENDATIONS , AND
FEDERAL IMPLICATIONS CONCERNING ANY CURRENT SUPPORTIVE HOUSING
PILOT PROGRAMS BEING OPERATED BY THE DEPARTMENT AND DIVISION AND
THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING TO THE HOUSE
OF REPRESENTATIVES PUBLIC AND BEHAVIORAL HEALTH AND HUMAN
SERVICES COMMITTEE AND THE SENATE HEALTH AND HUMAN SERVICES
COMMITTEE
, OR ANY SUCCESSOR COMMITTEES .
(7)  Repeal. T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
SECTION 3. In Colorado Revised Statutes, 24-32-705, amend (7)
as follows:
24-32-705.  Functions of division. (7)  The division shall
administer:
(a)  The affordable housing guided toolkit and local officials guide
program in accordance with section 24-32-721.5
 SECTION 24-32-721.7; AND
(b)  THE CONNECTING COLORADANS EXPERIENCING HOMELESSNESS
WITH SERVICES
, RECOVERY CARE, AND HOUSING SUPPORTS GRANT PROGRAM
CREATED IN SECTION 
24-32-732.
SECTION 4. In Colorado Revised Statutes, 24-32-705.5, add (3.5)
as follows:
24-32-705.5.  Annual public report on funding of affordable
housing preservation and production - definition. (3.5)  F
OR THE PUBLIC
REPORT REQUIRED BY SUBSECTION 
(1) OF THIS SECTION, THE DIVISION SHALL
INCLUDE IN THE REPORT FOR EACH YEAR OF THE CONNECTING 
COLORADANS
PAGE 9-HOUSE BILL 22-1377 EXPERIENCING HOMELESSNESS WITH SERVICES , RECOVERY CARE, AND
HOUSING SUPPORTS GRANT PROGRAM
'S OPERATION, THE INFORMATION
REQUIRED PURSUANT TO SECTION 
24-32-732.
SECTION 5. Appropriation. For the 2022-23 state fiscal year,
$9,218 is appropriated to the office of the governor for use by the office of
information technology. This appropriation is from reappropriated funds
received from the department of local affairs from the connecting
Coloradans experiencing homelessness with services, recovery care, and
housing supports fund created in section 24-32-732 (5)(a), C.R.S., that
originate from money the state received from the federal coronavirus state
fiscal recovery fund. To implement this act, the office may use this
appropriation to provide information technology services for the department
of local affairs.
SECTION 6. Safety clause. The general assembly hereby finds,
PAGE 10-HOUSE BILL 22-1377 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________  ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 11-HOUSE BILL 22-1377