Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-1000.01 Shelby Ross x4510 HOUSE BILL 22-1378 House Committees Senate Committees Transportation & Local Government A BILL FOR AN ACT C ONCERNING THE DENVER-METROPOLITAN REGIONAL NAVIGATION101 CAMPUS GRANT TO ADDRESS HOMELESSNESS .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill directs the division of housing in the department of local affairs (division) to award a grant to a local government in the Denver metropolitan area or a community partner in conjunction with a local government in order to build or acquire, and then facilitate, a regional navigation campus to respond to and prevent homelessness. The bill requires the division, in collaboration with the department HOUSE SPONSORSHIP Jodeh and Sullivan, SENATE SPONSORSHIP Coleman and Hansen, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. of human services and the behavioral health administration in the department of human services, to establish the application requirements, review applications, select a grant recipient, and ensure the grant is only awarded after a fair and rigorous open competition among eligible applicants. The bill creates the regional navigation campus cash fund and requires the state treasurer to transfer $50 million from the economic recovery and relief cash fund to the regional navigation campus cash fund on July 1, 2022. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) On March 11, 2021, the federal government enacted the4 "American Rescue Plan Act of 2021" (ARPA), Pub.L. 117-2, pursuant to5 which Colorado has received $3,828,761,790 from the federal6 coronavirus state fiscal recovery fund (SFRF) to be used for certain7 specified purposes;8 (b) These specified purposes include providing programs,9 services, or other assistance for populations disproportionately impacted10 by the COVID-19 pandemic. More specifically, federal regulations and11 United States treasury guidance construing the allocation of the SFRF12 identify a nonexclusive list of uses that address the disproportionate13 negative economic effects of the COVID-19 pandemic, including14 building stronger communities through investments in housing and15 neighborhoods. Services in this category alleviate the immediate16 economic impact of the COVID-19 pandemic on housing insecurity while17 addressing conditions that contributed to poor public health and economic18 outcomes during the pandemic, namely concentrated areas with limited19 economic opportunity and inadequate or poor-quality housing.20 HB22-1378-2- (c) Under these regulations, SFRF money may be used for1 programs or services that address housing insecurity, lack of affordable2 and workforce housing, or homelessness;3 (d) As the federal department of housing and urban development4 stated, the COVID-19 pandemic has exacerbated our nation's already5 severe housing affordability crisis;6 (e) Today, one in 5 renters are behind on rent and just over 107 million homeowners are behind on mortgage payments, and people of8 color face even greater hardship and are more likely to have deferred or9 missed payments, putting them at greater risk of eviction and foreclosure;10 (f) At the same time, our nation's homelessness crisis has11 worsened during the pandemic as people experiencing homelessness are12 highly vulnerable to COVID-19 transmission, illness, and severity due to13 their use of congregate shelters and their high prevalence of underlying14 health conditions;15 (g) Colorado is no exception, as COVID-19 has been hitting low-16 and extremely low-income individuals and families who were already17 severely cost-burdened especially hard, increasing their risk of18 experiencing homelessness or inability to resolve their homelessness;19 (h) In the Denver metropolitan area, shelters saw a 99% increase20 in people experiencing homelessness for the first time between January21 2020 and January 2021. The number of deaths due to overdose among22 people experiencing homelessness in Denver county increased by 34%23 from 2020 to 2021, highlighting the need for joint efforts to address24 substance use disorders among those experiencing homelessness.25 (i) There is currently a lack of both transitional and supportive26 housing and lack of access to specialty care, particularly for people with27 HB22-1378 -3- complex needs. Persons experiencing homelessness face many challenges1 in accessing long-term treatment of chronic illness and are far more likely2 to receive care in emergency departments. Without trained and dedicated3 providers or advocates, unhoused individuals often end up in a cycle of4 expensive treatment with little to no follow-up.5 (2) Therefore, the general assembly finds and declares it is within6 the interest of the state to create a regional campus for individuals7 experiencing homelessness to help alleviate the need that has been8 exacerbated by the COVID-19 pandemic.9 SECTION 2. In Colorado Revised Statutes, add 24-32-726 as10 follows:11 24-32-726. Denver-metropolitan regional navigation campus12 grant - regional navigation campus cash fund - creation - definitions.13 (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE14 REQUIRES:15 (a) "C OMMUNITY PARTNER" MEANS A NONPROFIT ORGANIZATION16 THAT UNDERTAKES ANY OF THE ACTIVITIES DESCRIBED IN SUBSECTION (3)17 OF THIS SECTION.18 (b) "L OCAL GOVERNMENT " MEANS THE CITY AND COUNTY OF19 D ENVER, ADAMS COUNTY, ARAPAHOE COUNTY, JEFFERSON COUNTY,20 D OUGLAS COUNTY, THE CITY AND COUNTY OF BROOMFIELD, OR THE21 D ENVER REGIONAL COUNCIL OF GOVERNMENTS .22 (2) A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS APPLYING23 TOGETHER OR A COMMUNITY PARTNER IN CONJUNCTION WITH ONE OR24 MORE LOCAL GOVERNMENTS MAY SUBMIT AN APPLICATION FOR A GRANT25 TO THE DIVISION IN ACCORDANCE WITH POLICIES , PROCEDURES, AND26 GUIDELINES ADOPTED BY THE DIVISION IN ORDER TO BUILD OR ACQUIRE ,27 HB22-1378 -4- AND THEN FACILITATE, A REGIONAL NAVIGATION CAMPUS IN THE DENVER1 METROPOLITAN AREA TO RESPOND TO AND PREVENT HOMELESSNESS . THE2 DIVISION, IN COLLABORATION WITH THE DEPARTMENT OF HUMAN SERVICES3 AND THE BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF4 HUMAN SERVICES, SHALL ESTABLISH THE APPLICATION REQUIREMENTS ,5 WHICH MUST INCLUDE A PLAN BY WHICH THE APPLICANT INTENDS TO6 SUSTAIN FUNDING THE REGIONAL NAVIGATION CAMPUS AFTER THE GRANT7 PERIOD ENDS.8 (3) E ACH APPLICANT SHALL DEMONSTRATE HOW THE APPLICANT9 PLANS TO BUILD OR ACQUIRE , AND THEN FACILITATE, A NAVIGATION10 CAMPUS THAT MAY INCLUDE , BUT IS NOT LIMITED TO, THE FOLLOWING:11 (a) S ERVICES FOR BEHAVIORAL HEALTH , MENTAL HEALTH, AND12 SUBSTANCE USE DISORDERS, INCLUDING A CONTINUUM OF BEHAVIORAL13 HEALTH SERVICES AND TREATMENT ;14 (b) M EDICAL CARE, INCLUDING DENTAL CARE;15 (c) T RANSITIONAL HOUSING;16 (d) P ERMANENT SUPPORTIVE HOUSING ;17 (e) E MERGENCY SHELTER;18 (f) R ECOVERY-ORIENTED SERVICES AND CARE;19 (g) V OCATIONAL REHABILITATION AND EMPLOYMENT SKILLS20 TRAINING WITH THE REQUISITE SUPPORTIVE SERVICES THAT SUPPORT21 THOSE INITIATIVES;22 (h) A SSISTANCE ENROLLING ELIGIBLE INDIVIDUALS INTO PUBLIC23 ASSISTANCE BENEFITS PROGRAMS ; AND24 (i) O THER SUPPORTIVE SERVICES INCLUDING, BUT NOT LIMITED TO,25 TRANSPORTATION, CASE MANAGEMENT, LIFE SKILLS TRAINING, AND OTHER26 SUPPORTIVE SERVICES DESCRIBED IN 42 CFR 578.53 AND OTHERS27 HB22-1378 -5- DETERMINED BY THE DIVISION.1 (4) I N SELECTING A GRANT RECIPIENT , THE DIVISION, IN2 COLLABORATION WITH THE DEPARTMENT OF HUMAN SERVICES AND THE3 BEHAVIORAL HEALTH ADMINISTRATION IN THE DEPARTMENT OF HUMAN4 SERVICES, SHALL CONSIDER:5 (a) A N APPLICANT'S COMMITMENT TO REGIONAL AND6 TRANSFORMATIONAL PROJECTS THAT ADDRESSES HOMELESSNESS ;7 (b) A N APPLICANT'S COMMITMENT TO PROVIDING WRAPAROUND8 SERVICES FOR THE RESIDENTS AT THE SUPPORTIVE RESIDENTIAL CAMPUS ;9 (c) T HE IMPACT OF THE PROPOSED NAVIGATION CAMPUS IN THE10 COMMUNITY WHERE IT WILL BE LOCATED AND IN THE11 D ENVER-METROPOLITAN REGION AS A WHOLE ; AND12 (d) T HE ABILITY OF THE APPLICANT TO MANAGE THE LOCATION13 AND DETERMINE LONG-TERM OPERATIONAL COSTS AND SUSTAINABILITY .14 (5) I N ADOPTING POLICIES, PROCEDURES, AND GUIDELINES, THE15 DIVISION SHALL COLLABORATE WITH THE DEPARTMENT OF HUMAN16 SERVICES AND THE BEHAVIORAL HEALTH ADMINISTRATION IN THE17 DEPARTMENT OF HUMAN SERVICES TO CREATE A PROCESS THAT ENSURES18 THE GRANT IS ONLY AWARDED AFTER A FAIR AND RIGOROUS OPEN19 COMPETITION AMONG ELIGIBLE APPLICANTS . THE DIVISION SHALL REVIEW20 APPLICATIONS AND SELECT THE GRANT RECIPIENT IN COLLABORATION21 WITH PARTNERING AGENCIES.22 (6) T HE DIVISION, GRANT RECIPIENT, OR ANY OTHER PERSON WHO23 RECEIVES MONEY FROM THE DIVISION PURSUANT TO THIS SECTION SHALL24 COMPLY WITH THE COMPLIANCE , REPORTING, RECORD-KEEPING, AND25 PROGRAM EVALUATION REQUIREMENTS ESTABLISHED BY THE OFFICE OF26 STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN27 HB22-1378 -6- ACCORDANCE WITH SECTION 24-75-226 (5).1 (7) O N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER2 FIFTY MILLION DOLLARS FROM THE ECONOMIC RECOVERY AND RELIEF3 CASH FUND, CREATED IN SECTION 24-75-228, THAT ORIGINATES FROM THE4 MONEY THE STATE RECEIVED FROM THE FEDERAL CORONAVIRUS STATE5 FISCAL RECOVERY FUND, TO THE REGIONAL NAVIGATION CAMPUS CASH6 FUND FOR THE PURPOSES OF THIS SECTION. THE DIVISION MAY EXPEND UP7 TO TEN PERCENT OF THE MONEY APPROPRIATED OR TRANSFERRED TO THE8 FUND TO PAY FOR ITS DIRECT AND INDIRECT COSTS IN ADMINISTERING THE9 GRANT. ALL ADMINISTRATIVE COSTS MUST BE PAID OUT OF THE MONEY10 TRANSFERRED TO THE FUND PURSUANT TO THIS SUBSECTION (7).11 (8) (a) T HE REGIONAL NAVIGATION CAMPUS CASH FUND , REFERRED12 TO IN THIS SECTION AS THE "FUND", IS CREATED IN THE STATE TREASURY.13 T HE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND PURSUANT TO14 SUBSECTION (7) OF THIS SECTION AND ANY OTHER MONEY THAT THE15 GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND .16 (b) T HE STATE TREASURER SHALL CREDIT ALL INTEREST AND17 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE18 FUND TO THE FUND . EXCEPT AS OTHERWISE REQUIRED BY THIS19 SUBSECTION (8)(b), ALL MONEY NOT EXPENDED OR ENCUMBERED , AND20 ALL INTEREST EARNED ON THE INVESTMENT OR DEPOSIT OF MONEY IN THE21 FUND, REMAINS IN THE FUND AND DOES NOT REVERT TO THE GENERAL22 FUND OR ANY OTHER FUND AT THE END OF ANY FISCAL YEAR . THE MONEY23 IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT OF24 LOCAL AFFAIRS FOR USE BY THE DIVISION FOR THE PURPOSES OF THIS25 SECTION.26 (c) T HE GRANT RECIPIENT SHALL EXPEND OR OBLIGATE ANY27 HB22-1378 -7- MONEY RECEIVED PURSUANT TO THIS SECTION NO LATER THAN DECEMBER1 30, 2024. ANY MONEY THE GRANT RECIPIENT OBLIGATES MUST BE2 EXPENDED NO LATER THAN DECEMBER 30, 2026.3 SECTION 3. In Colorado Revised Statutes, 24-75-402, amend4 (5)(tt) and (5)(uu); and add (5)(vv) as follows:5 24-75-402. Cash funds - limit on uncommitted reserves -6 reduction in the amount of fees - exclusions - repeal.7 (5) Notwithstanding any provision of this section to the contrary, the8 following cash funds are excluded from the limitations specified in this9 section:10 (tt) The community impact cash fund created in section 25-7-12911 (1); and 12 (uu) The 988 crisis hotline cash fund created in section 27-64-104;13 AND14 (vv) T HE REGIONAL NAVIGATION CAMPUS CASH FUND CREATED IN15 SECTION 24-32-726.16 SECTION 4. Safety clause. The general assembly hereby finds,17 determines, and declares that this act is necessary for the immediate18 preservation of the public peace, health, or safety.19 HB22-1378 -8-