HOUSE BILL 22-1378
BY REPRESENTATIVE(S) Jodeh and Sullivan, Bernett, Bird,
Gonzales-Gutierrez, Herod, Kipp, Lindsay, Lontine, Michaelson Jenet,
Titone, Weissman, Garnett;
also SENATOR(S) Coleman and Hansen, Buckner, Donovan, Fields, Ginal,
Gonzales, Jaquez Lewis, Lee, Moreno, Pettersen, Story, Winter, Zenzinger,
Fenberg.
C
ONCERNING THE DENVER-METROPOLITAN REGIONAL NAVIGATION CAMPUS
GRANT TO ADDRESS HOMELESSNESS
, 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 and declares that:
(a) On March 11, 2021, the federal government enacted the
"American Rescue Plan Act of 2021" (ARPA), Pub.L. 117-2, pursuant to
which Colorado has received $3,828,761,790 from the federal coronavirus
state fiscal recovery fund (SFRF) to be used for certain specified purposes;
(b) These specified purposes include providing programs, services,
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. or other assistance for populations disproportionately impacted by the
COVID-19 pandemic. More specifically, federal regulations and United
States treasury guidance construing the allocation of the SFRF identify a
nonexclusive list of uses that address the disproportionate negative
economic effects of the COVID-19 pandemic, including building stronger
communities through investments in housing and neighborhoods. Services
in this category alleviate the immediate economic impact of the COVID-19
pandemic on housing insecurity while addressing conditions that
contributed to poor public health and economic outcomes during the
pandemic, namely concentrated areas with limited economic opportunity
and inadequate or poor-quality housing.
(c) Under these regulations, SFRF money may be used for programs
or services that address housing insecurity, lack of affordable and workforce
housing, or homelessness;
(d) As the federal department of housing and urban development
stated, the COVID-19 pandemic has exacerbated our nation's already severe
housing affordability crisis;
(e) Today, one in 5 renters are behind on rent and just over 10
million homeowners are behind on mortgage payments, and people of color
face even greater hardship and are more likely to have deferred or missed
payments, putting them at greater risk of eviction and foreclosure;
(f) At the same time, our nation's homelessness crisis has worsened
during the pandemic as people experiencing homelessness are highly
vulnerable to COVID-19 transmission, illness, and severity due to their use
of congregate shelters and their high prevalence of underlying health
conditions;
(g) Colorado is no exception, as COVID-19 has been hitting low-
and extremely low-income individuals and families who were already
severely cost-burdened especially hard, increasing their risk of experiencing
homelessness or inability to resolve their homelessness;
(h) In the Denver metropolitan area, shelters saw a 99% increase in
people experiencing homelessness for the first time between January 2020
and January 2021. The number of deaths due to overdose among people
experiencing homelessness in Denver county increased by 34% from 2020
PAGE 2-HOUSE BILL 22-1378 to 2021, highlighting the need for joint efforts to address substance use
disorders among those experiencing homelessness.
(i) There is currently a lack of both transitional and supportive
housing and lack of access to specialty care, particularly for people with
complex needs. Persons experiencing homelessness face many challenges
in accessing long-term treatment of chronic illness and are far more likely
to receive care in emergency departments. Without trained and dedicated
providers or advocates, unhoused individuals often end up in a cycle of
expensive treatment with little to no follow-up.
(2) Therefore, the general assembly finds and declares it is within
the interest of the state to create a regional campus for individuals
experiencing homelessness to help alleviate the need that has been
exacerbated by the COVID-19 pandemic.
SECTION 2. In Colorado Revised Statutes, add 24-32-727 as
follows:
24-32-727. Denver-metropolitan regional navigation campus
grant - regional navigation campus cash fund - creation - definitions.
(1) 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 DESCRIBED IN SUBSECTION
(3)
OF THIS SECTION.
(b) "L
OCAL GOVERNMENT " MEANS THE CITY AND COUNTY OF
DENVER, ADAMS COUNTY, ARAPAHOE COUNTY , JEFFERSON COUNTY,
D
OUGLAS COUNTY, THE CITY AND COUNTY OF BROOMFIELD, THE DENVER
REGIONAL COUNCIL OF GOVERNMENTS
, OR A MUNICIPALITY LOCATED WITHIN
ONE OF THOSE COUNTIES
.
(2) A
LOCAL GOVERNMENT OR LOCAL GOVERNMENTS APPLYING
TOGETHER OR A COMMUNITY PARTNER IN CONJUNCTION WITH ONE OR MORE
LOCAL GOVERNMENTS MAY SUBMIT AN APPLICATION FOR A GRANT TO THE
DIVISION IN ACCORDANCE WITH POLICIES
, PROCEDURES, AND GUIDELINES
ADOPTED BY THE DIVISION IN ORDER TO BUILD OR ACQUIRE
, AND THEN
FACILITATE
, A REGIONAL NAVIGATION CAMPUS IN THE DENVER
METROPOLITAN AREA TO RESPOND TO AND PREVENT HOMELESSNESS
. THE
PAGE 3-HOUSE BILL 22-1378 DIVISION, IN COLLABORATION WITH THE DEPARTMENT OF HUMAN SERVICES
AND THE BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF
HUMAN SERVICES
, SHALL ESTABLISH THE APPLICATION REQUIREMENTS ,
WHICH MUST INCLUDE A PLAN BY WHICH THE APPLICANT INTENDS TO
SUSTAIN FUNDING THE REGIONAL NAVIGATION CAMPUS AFTER THE GRANT
PERIOD ENDS
.
(3) E
ACH APPLICANT SHALL DEMONSTRATE HOW THE APPLICANT
PLANS TO BUILD OR ACQUIRE
, AND THEN FACILITATE, A NAVIGATION CAMPUS
THAT MAY INCLUDE
, BUT IS NOT LIMITED TO, THE FOLLOWING:
(a) S
ERVICES FOR BEHAVIORAL HEALTH , MENTAL HEALTH, AND
SUBSTANCE USE DISORDERS
, INCLUDING A CONTINUUM OF BEHAVIORAL
HEALTH SERVICES AND TREATMENT
;
(b) M
EDICAL CARE, INCLUDING DENTAL CARE;
(c) T
RANSITIONAL HOUSING;
(d) P
ERMANENT SUPPORTIVE HOUSING ;
(e) E
MERGENCY SHELTER;
(f) R
ECOVERY-ORIENTED SERVICES AND CARE;
(g) V
OCATIONAL REHABILITATION AND EMPLOYMENT SKILLS
TRAINING WITH THE REQUISITE SUPPORTIVE SERVICES THAT SUPPORT THOSE
INITIATIVES
;
(h) A
SSISTANCE ENROLLING ELIGIBLE INDIVIDUALS INTO PUBLIC
ASSISTANCE BENEFITS PROGRAMS
;
(i) S
ERVICES FOR INDIVIDUALS EXITING OTHER RESIDENTIAL
FACILITIES OR PROGRAMS AND WHO ARE AT RISK OR IMMINENTLY AT RISK OF
EXPERIENCING HOMELESSNESS
; AND
(j) OTHER SUPPORTIVE SERVICES INCLUDING , BUT NOT LIMITED TO,
TRANSPORTATION, CASE MANAGEMENT, LIFE SKILLS TRAINING, AND OTHER
SUPPORTIVE SERVICES DESCRIBED IN
42 CFR 578.53 AND OTHERS
DETERMINED BY THE DIVISION
.
PAGE 4-HOUSE BILL 22-1378 (4) IN SELECTING A GRANT RECIPIENT , THE DIVISION, IN
COLLABORATION WITH THE DEPARTMENT OF HUMAN SERVICES AND THE
BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF HUMAN
SERVICES
, SHALL CONSIDER:
(a) A
N APPLICANT'S COMMITMENT TO REGIONAL AND
TRANSFORMATIONAL PROJECTS THAT ADDRESSES HOMELESSNESS
;
(b) A
N APPLICANT'S COMMITMENT TO PROVIDING WRAPAROUND
SERVICES FOR THE RESIDENTS AT THE SUPPORTIVE RESIDENTIAL CAMPUS
;
(c) T
HE IMPACT OF THE PROPOSED NAVIGATION CAMPUS IN THE
COMMUNITY WHERE IT WILL BE LOCATED AND IN THE
DENVER-METROPOLITAN REGION AS A WHOLE ; AND
(d) THE ABILITY OF THE APPLICANT TO MANAGE THE LOCATION AND
DETERMINE LONG
-TERM OPERATIONAL COSTS AND SUSTAINABILITY .
(5) I
N ADOPTING POLICIES, PROCEDURES, AND GUIDELINES, THE
DIVISION SHALL COLLABORATE WITH THE DEPARTMENT OF HUMAN SERVICES
AND THE BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF
HUMAN SERVICES TO CREATE A PROCESS THAT ENSURES THE GRANT IS ONLY
AWARDED AFTER A FAIR AND RIGOROUS OPEN COMPETITION AM ONG ELIGIBLE
APPLICANTS
. THE DIVISION SHALL REVIEW APPLICATIONS AND SELECT THE
GRANT RECIPIENT IN COLLABORATION WITH PARTNERING AGENCIES
.
(6) T
HE DIVISION, GRANT RECIPIENT, OR ANY OTHER PERSON WHO
RECEIVES MONEY FROM THE DIVISION PURSUANT TO THIS SECTION 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).
(7) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER FIFTY
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 REGIONAL NAVIGATION CAMPUS CASH FUND FOR
THE PURPOSES OF THIS SECTION
. THE DIVISION MAY EXPEND UP TO TEN
PERCENT OF THE MONEY APPROPRIATED OR TRANSFERRED TO THE FUND TO
PAGE 5-HOUSE BILL 22-1378 PAY FOR ITS DIRECT AND INDIRECT COSTS IN ADMINISTERING THE GRANT .
A
LL ADMINISTRATIVE COSTS MUST BE PAID OUT OF THE MONEY
TRANSFERRED TO THE FUND PURSUANT TO THIS SUBSECTION
(7).
(8) (a) T
HE REGIONAL NAVIGATION CAMPUS CASH FUND , REFERRED
TO IN THIS SECTION AS THE
"FUND", IS CREATED IN THE STATE TREASURY.
T
HE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND PURSUANT TO
SUBSECTION
(7) OF THIS SECTION AND ANY OTHER MONEY THAT THE
GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND
.
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND
. EXCEPT AS OTHERWISE REQUIRED BY THIS SUBSECTION (8)(b),
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 OF LOCAL AFFAIRS FOR USE BY THE
DIVISION FOR THE PURPOSES OF THIS SECTION
.
(c) F
OR STATE FISCAL YEAR 2022-23, THE GENERAL ASSEMBLY
SHALL APPROPRIATE MONEY FROM THE FUND TO THE DEPARTMENT OF
HUMAN SERVICES FOR THE IMPLEMENTATION OF THIS SECTION
.
(d) T
HE GRANT RECIPIENT SHALL EXPEND OR OBLIGATE ANY MONEY
RECEIVED PURSUANT TO THIS SECTION NO LATER THAN
DECEMBER 30, 2024.
A
NY MONEY THE GRANT RECIPIENT OBLIGATES MUST BE EXPENDED NO
LATER THAN
DECEMBER 30, 2026.
SECTION 3. In Colorado Revised Statutes, 24-75-402, amend
(5)(tt) and (5)(uu); and add (5)(vv) as follows:
24-75-402. Cash funds - limit on uncommitted reserves -
reduction in the amount of fees - exclusions. (5) Notwithstanding any
provision of this section to the contrary, the following cash funds are
excluded from the limitations specified in this section:
(tt) The community impact cash fund created in section 25-7-129
(1); and
PAGE 6-HOUSE BILL 22-1378 (uu) The 988 crisis hotline cash fund created in section 27-64-104;
AND
(vv) THE REGIONAL NAVIGATION CAMPUS CASH FUND CREATED IN
SECTION
24-32-727.
SECTION 4. Appropriation. (1) For the 2022-23 state fiscal year,
$44,557 is appropriated to the department of human services for use by the
behavioral health administration. This appropriation is from funds
transferred from the division of housing in the department of local affairs
from the regional navigation campus cash fund created in section 24-32-727
(8)(a), C.R.S., that originates from the money the state received from the
federal coronavirus state fiscal recovery fund, and is based on an
assumption that the administration will require an additional 0.4 FTE. To
implement this act, the administration may use this appropriation for
program administration.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 7-HOUSE BILL 22-1378 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 8-HOUSE BILL 22-1378