State Codes and Statutes

Statutes > California > Hsc > 50800-50806.5

HEALTH AND SAFETY CODE
SECTION 50800-50806.5



50800.  (a) It is the intent of the Legislature to encourage the
provision of shelter, with effective personal rehabilitation and
self-sufficiency development services, to homeless persons at as low
a cost and as quickly as possible, without compromising the health
and safety of shelter occupants. It is also the intent of the
Legislature to encourage the move of homeless persons from shelters
to a self-supporting environment as soon as possible, to encourage
provision of services for as many persons at risk of homelessness as
possible, to encourage compatible and effective funding of homeless
services, and to encourage coordination among public agencies that
fund or provide services to homeless individuals, as well as agencies
that discharge people from their institutions, including, but not
limited to, child welfare agencies, health care programs, and jails
and prisons. Because many communities currently provide shelter and
limited services to individuals who are unable or unwilling to comply
with traditional housing programs only during cold and wet weather
and because year-round shelter will encourage these individuals to
accept services and move toward permanent housing, it is also the
intent of the Legislature to increase the availability of year-round
shelter to meet the special needs of those individuals, including a
Safe Haven that provides supportive housing for seriously mentally
ill homeless persons.
   (b) There is hereby created the Emergency Housing and Assistance
Program.
   (c) To the extent possible, the Emergency Housing and Assistance
Program shall not conflict with the federal Stewart B. McKinney
Homeless Assistance Act, as approved on July 22, 1987, cited as
Public Law 100-77, as it is, from time to time, amended, and
regulations promulgated thereunder by the United States Department of
Housing and Urban Development, or its successor.



50800.5.  (a) There is hereby created in the State Treasury the
Emergency Housing and Assistance Fund. Notwithstanding Section 13340
of the Government Code, all money in the fund is continuously
appropriated to the department to carry out the purposes of this
chapter. Any repayments, interest, or new appropriations shall be
deposited in the fund, notwithstanding Section 16305.7 of the
Government Code. Money in the fund shall not be subject to transfer
to any other fund pursuant to any provision of Part 2 (commencing
with Section 16300) of Division 4 of Title 2 of the Government Code,
except to the Surplus Money Investment Fund.
   (b) All moneys in the Emergency Housing and Assistance Fund,
created pursuant to Section 50800.5 as it existed prior to the
effective date of the act that adds this chapter, shall be
transferred, on the effective date of the act that adds this chapter,
to the Emergency Housing and Assistance Fund created by subdivision
(a).
   (c) The department may require the transfer of moneys in the
Emergency Housing and Assistance Fund to the Surplus Money Investment
Fund for investment pursuant to Article 4 (commencing with Section
16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the
Government Code. All interest, dividends, and pecuniary gains from
these investments shall accrue to the Emergency Housing and
Assistance Fund, notwithstanding Section 16305.7 of the Government
Code.


50801.  As used in this chapter:
   (a) "Department" means the Department of Housing and Community
Development.
   (b) "Designated local board" means a group, including social
service providers and a representative of local government, that has
met department requirements for distribution of grants allocated by
the department pursuant to this chapter.
   (c) "Director" means the Director of Housing and Community
Development.
   (d) "Eligible organization" means an agency of local government or
a nonprofit corporation that provides, or contracts with community
organizations to provide, emergency shelter or transitional housing,
or both.
   (e) "Emergency shelter" means housing with minimal supportive
services for homeless persons that is limited to occupancy of six
months or less by a homeless person. No individual or household may
be denied emergency shelter because of an inability to pay.
   (f) "Nonurban county" means any county with a population of less
than 200,000, as published in the most recent edition of Population
Estimates of California Cities and Counties, E-1, prepared by the
Department of Finance, Population Research Unit.
   (g) "Region" means a county or a consortium of counties
voluntarily banding together by action of a designated local board.
   (h) "Safe Haven" means supportive housing for seriously mentally
ill homeless persons, many of whom have cooccurring substance abuse
problems, that have been unable or unwilling to participate in high
demand housing programs.
   (i) "Transitional housing" means housing with supportive services
for up to 24 months that is exclusively designated and targeted for
recently homeless persons. Transitional housing includes
self-sufficiency development services, with the ultimate goal of
moving recently homeless persons to permanent housing as quickly as
possible, and limits rents and service fees to an ability-to-pay
formula reasonably consistent with the United States Department of
Housing and Urban Development's requirements for subsidized housing
for low-income persons. Rents and service fees paid for transitional
housing may be reserved, in whole or in part, to assist residents in
moving to permanent housing.
   (j) "Urban county" means any county that is not a nonurban county.



50801.5.  (a) The department shall adopt regulations for the
administration of the Emergency Housing and Assistance Program. The
regulations shall govern the equitable distribution of funds in
accordance with the intent and provisions of this chapter, and shall
ensure that the program is administered in an effective and efficient
manner. The regulations shall provide for reasonable delegation of
authority to designated local boards, ensure that local priorities
and criteria are reasonably designed to address the needs of homeless
people, and ensure that designated local boards meet reasonable
standards of inclusiveness, accountability, nondiscrimination, and
integrity.
   (b) The regulations adopted pursuant to this section shall ensure
that emergency shelter and services will be provided on a
first-come-first-served basis for whatever time periods are
established by the shelter. No individual or household may be denied
shelter or services because of an inability to pay. Nothing in this
provision shall be construed to preclude a shelter from accepting
payment vouchers provided through any other public or private program
so long as no shelter beds are reserved beyond sundown for that
purpose. Notwithstanding Section 11135 of the Government Code or any
other provision of law, nothing in this section shall be construed to
preclude a provider of emergency shelter or transitional housing
from restricting occupancy on the basis of any of the following:
   (1) Sex.
   (2) In the case of an emergency shelter or transitional housing
offered exclusively to persons 24 years of age or younger pursuant to
Section 11139.3 of the Government Code, on the basis of age.
   (3) Military veteran status, if the veterans served possess
significant barriers to social reintegration and employment due to a
physical or mental disability, substance abuse, or the effects of
long-term homelessness that require specialized treatment and
services and the provider of emergency shelter or transitional
housing also provides the specialized treatment and services.
   However, in the case of families, providers of emergency shelter
or transitional housing shall provide, to the greatest extent
feasible, adequate facilities within their range of services so that
all members of a family may be housed together, regardless of age and
gender.



50802.  (a) The department shall ensure that not less than 20
percent of the moneys in the Emergency Housing and Assistance Fund
shall be allocated to nonurban counties during any given fiscal year.
If the funds designated for facilities operation that are allocated
to nonurban counties are not awarded by the end of that fiscal year,
then those unencumbered funds shall be allocated in the next fiscal
year to urban counties. Funds for capital development that are not
awarded by the end of the second fiscal year shall be awarded in the
subsequent fiscal year to urban counties.
   (b) The amount of funds that the department allocates from the
Emergency Housing and Assistance Fund to each region, excluding funds
allocated pursuant to subdivision (a), shall be based upon a formula
that accords at least 20 percent weight to each of the following
factors:
   (1) The relative number of persons in the region below the poverty
line according to the most recent federal census, updated, if
possible, with an estimate by the Department of Finance, compared to
the total of the urban counties.
   (2) The relative number of persons unemployed within each region,
based on the most recent one-year period for which data is available,
compared to the total of the urban counties.
   (c) Grant funds shall be disbursed as expeditiously as possible by
the department.
   (d) The department shall use not more than 5 percent of the amount
available for funds pursuant to this chapter to defray the
department's administrative costs pursuant to this chapter.
   (e) Notwithstanding any other provision of this chapter, the
department shall distribute funds appropriated for purposes of the
activities specified in paragraph (2) of subdivision (a) of Section
50803 as grants in the form of forgivable deferred loans, subject to
all of the following:
   (1) Funding shall be made available to each project as a loan with
a term of five years for rehabilitation, seven years for substantial
rehabilitation, or 10 years for acquisition and rehabilitation or
new construction. Each deferred loan shall be secured by a deed of
trust and promissory note. Repayment of the loan shall be deferred as
long as the project is used as an emergency shelter or transitional
housing. At the completion of the specified year term, the loan shall
be forgiven. If a transfer or conveyance of the project property,
however, occurs prior to that time that results in the property no
longer being used as an emergency shelter or transitional housing,
the department shall terminate the grant and require the repayment of
the deferred loan in full.
   (2) Applications for funding shall be made pursuant to
department-issued statewide "Notices of Funding Availability" without
the need for additional regulations.
   (3) The department shall set forth the criteria for evaluating
applications in the "Notices of Funding Availability" and shall make
deferred loans based on those applications that best meet the
criteria.
   (4) The department shall specify in the "Notice of Funding
Availability" both maximum and minimum grant amounts that may be
varied for urban and nonurban counties.
   (5) Contracts for projects that have not begun construction within
the initial 12-month period shall be terminated and funds
reallocated. The department, however, may extend this period by a
period not to exceed 12 months.



50802.5.  (a) The department shall issue a notice or notices of
funding availability to potential applicants and designated local
boards, as applicable, as soon as possible after funding becomes
available for the Emergency Housing and Assistance Program. Each
notice of funding availability shall indicate the amounts and types
of funds available under this program.
   (b) A designated local board, or the department in the absence of
a designated local board, shall solicit, receive, and select among
applications for grants pursuant to this chapter from eligible
organizations through an open, fair, and competitive process. These
applications shall be ranked and selected by a designated local
board, or by the department in the absence of a designated local
board.
   (c) Notwithstanding subdivision (b), the department may restrict a
designated local board from selecting any application requesting a
grant for capital developments if the amount requested by the
application exceeds the limits determined by the department, and the
department determines that the designated local board is not
qualified to evaluate the application. The department shall establish
criteria for distinguishing between a designated local board that
may be so restricted and a designated local board that would not be
so restricted. A designated local board may appeal to the director,
or to the director's designee, any decision made by the department
pursuant to this subdivision. The department, by June 30, 2001, shall
consider increasing the maximum grant limits to three hundred
thousand dollars ($300,000) for operating grants and five hundred
thousand dollars ($500,000) for capital grants.
   (d) The department, or the designated local board, as applicable,
shall not grant more than one million dollars ($1,000,000) to any
eligible organization within a region in a funding round even if the
eligible organization has filed multiple applications.
   (e) The department shall determine requirements of the grant
contract and shall contract directly with the grant recipient. The
department shall not delegate this function to the designated local
boards. Eligible designated local boards may use a percentage of the
regional award funds to defray administrative costs. The department
shall establish this percentage, which shall not exceed 2 percent.
   (f) The designated local board shall regulate the performance of
any grant contract within their region, subject to department
oversight and requirements established by the department.
   (g) The department shall not perform a secondary rating or ranking
review on those grant applications that have been solicited,
received, and selected by a designated local board according to a
local ranking criterion that has been approved by the department.
   (h) Notwithstanding any other provision of this chapter, if the
Housing and Emergency Shelter Trust Fund Act of 2002 is approved by
the voters, funds allocated pursuant to paragraph (2) of subdivision
(a) of Section 53533 shall be administered by the department in a
manner consistent with the restrictions and authorizations contained
in provision 3 of Item 2240-105-0001 of the Budget Act of 2000,
except that any appropriations in that item shall not apply. The
competitive system used by the department shall incorporate
priorities set by the designated local boards and their input as to
the relative merits of submitted applications from within the
designated local board's county in relation to those priorities.
   In addition, the funding limitations contained in this section
shall not apply to the appropriation in that budget item.



50803.  (a) Grants awarded by the department pursuant to this
chapter shall be used by a grant recipient to defray costs of
eligible activities defined in department regulations, including, but
not limited to, any of the following activities:
   (1) Operating facilities, including, but not limited to,
operations staff salaries, maintenance, repair, utilities, equipment,
and debt reduction.
   (2) Providing for capital development programs, such as
acquisition, leasing, construction, and rehabilitation of sites for
emergency shelter and transitional housing for homeless persons.
   (3) Administrative costs.
   (4) Operating expenses relating to supervising and counseling
clients.
   (5) Providing residential rental assistance.
   (6) Leasing or renting rooms for provision of temporary shelter.
   (b) Funds allocated to a nonurban county pursuant to subdivision
(a) of Section 50802 may be used to pay the cost of leasing or
renting individual units, hotel rooms, or motel rooms for use as
emergency shelters. No more than 15 percent of the funds allocated to
a region other than a nonurban county shall be expended for this
purpose.
   (c) By regulation, the department shall establish a level, not to
exceed 5 percent of a grant award, which any eligible recipient may
use to defray administrative costs.



50803.5.  Each designated local board shall provide a process for
appeal of its decisions and comply with the requirements of this
chapter and the regulations promulgated hereunder.



50804.  (a) Each designated local board shall submit to the
department for approval, a local emergency shelter strategy for its
region, describing the procedures for complying with requirements
pursuant to this chapter and the regulations promulgated thereunder.
The department shall establish, by regulation, the types of
information that each designated local board shall include in the
strategy, including, but not limited to, each of the following:
   (1) A statement of goals and how goals will be achieved.
   (2) A statement of priorities and how the priorities complement
the local continuum of care planning process.
   (3) A description of the application process and ranking criteria
for the Emergency Housing and Assistance Program.
   (4) Copies of application forms for the Emergency Housing and
Assistance Program that the designated local board will use to
evaluate requests for grants.
   (5) A statement of how grant recipients shall be encouraged to
develop year-round emergency shelters and transitional housing to
meet the diverse needs of the homeless populations that include
families, youth, and persons with physical and mental disabilities,
people who are addicted to alcohol and drugs, people living with
HIV/AIDS, veterans, the elderly, and pregnant women. Also, a
description of how the local plan serves the needs of individuals and
families at risk of homelessness as a result of eviction.
   (b) The department shall establish a deadline, by which date the
designated local board shall be required to submit a strategy for the
department's review.
   (c) Upon the department's approval of a strategy, the designated
local board shall make the strategy broadly available to shelter and
service providers and to other interested persons in its region.




50804.5.  (a) Project budgets may be changed, within limits
established by the department.
   (b) Funds allocated to a region shall remain available for funding
applications within the region for a time period or dollar limit to
be specified by department regulations. The department may designate
a time period or dollar limit for the distribution of capital
development funds that is different from the time period or dollar
limit for the distribution of noncapital development funds. When the
designated local board is unable to distribute funds during the time
period designated by the department, the funds shall revert to the
fund for distribution.



50805.  (a) The director shall establish a statewide advisory body
on emergency and transitional housing. The department shall consult
with the advisory body in the development of regulations and
guidelines for certification of designated local boards, requirements
for the local emergency shelter strategies, assessment of statewide
needs of homeless persons and providers of services to homeless
persons, coordination of services and funds of state agencies, and
general guidance and direction related to this chapter. The director
shall establish, and the department shall begin consulting with, the
advisory body within 30 days of the operative date of the act that
adds this chapter.
   (b) The advisory body established pursuant to this section shall
be appointed by, and serve at the pleasure of, the director and shall
represent a broad range of representatives of designated local
boards, emergency shelter providers, and transitional housing
providers from throughout the state. There shall be at least one
member who is homeless or formerly homeless; at least one member who
represents a statewide nonprofit advocacy organization concerned with
homelessness and low-cost affordable housing; one member who
represents a designated local board; one member who represents a
federal interagency council concerned with homeless issues; one
member representing state services for homeless persons; one member
who is a residential building owner or manager; one member who is a
commercial building owner or manager; and one member of the public.
The department shall not use funds made available pursuant to this
chapter to fund the activities of the advisory body.



50806.5.  The department may adopt emergency regulations to
implement this chapter, with respect to award of funds and the
administration of the program, to the extent necessary before the
department issues the first notice of funding availability pursuant
to Section 50802.5. The adoption of emergency regulations shall be
conclusively presumed to be necessary for the immediate preservation
of the public peace, health, safety, or general welfare within the
meaning, or purposes, of Section 11346.1 of the Government Code. Any
changes in regulations made by the department pursuant to this
section shall be identified in the notice of funding availability
published by the department pursuant to Section 50802.5.


State Codes and Statutes

Statutes > California > Hsc > 50800-50806.5

HEALTH AND SAFETY CODE
SECTION 50800-50806.5



50800.  (a) It is the intent of the Legislature to encourage the
provision of shelter, with effective personal rehabilitation and
self-sufficiency development services, to homeless persons at as low
a cost and as quickly as possible, without compromising the health
and safety of shelter occupants. It is also the intent of the
Legislature to encourage the move of homeless persons from shelters
to a self-supporting environment as soon as possible, to encourage
provision of services for as many persons at risk of homelessness as
possible, to encourage compatible and effective funding of homeless
services, and to encourage coordination among public agencies that
fund or provide services to homeless individuals, as well as agencies
that discharge people from their institutions, including, but not
limited to, child welfare agencies, health care programs, and jails
and prisons. Because many communities currently provide shelter and
limited services to individuals who are unable or unwilling to comply
with traditional housing programs only during cold and wet weather
and because year-round shelter will encourage these individuals to
accept services and move toward permanent housing, it is also the
intent of the Legislature to increase the availability of year-round
shelter to meet the special needs of those individuals, including a
Safe Haven that provides supportive housing for seriously mentally
ill homeless persons.
   (b) There is hereby created the Emergency Housing and Assistance
Program.
   (c) To the extent possible, the Emergency Housing and Assistance
Program shall not conflict with the federal Stewart B. McKinney
Homeless Assistance Act, as approved on July 22, 1987, cited as
Public Law 100-77, as it is, from time to time, amended, and
regulations promulgated thereunder by the United States Department of
Housing and Urban Development, or its successor.



50800.5.  (a) There is hereby created in the State Treasury the
Emergency Housing and Assistance Fund. Notwithstanding Section 13340
of the Government Code, all money in the fund is continuously
appropriated to the department to carry out the purposes of this
chapter. Any repayments, interest, or new appropriations shall be
deposited in the fund, notwithstanding Section 16305.7 of the
Government Code. Money in the fund shall not be subject to transfer
to any other fund pursuant to any provision of Part 2 (commencing
with Section 16300) of Division 4 of Title 2 of the Government Code,
except to the Surplus Money Investment Fund.
   (b) All moneys in the Emergency Housing and Assistance Fund,
created pursuant to Section 50800.5 as it existed prior to the
effective date of the act that adds this chapter, shall be
transferred, on the effective date of the act that adds this chapter,
to the Emergency Housing and Assistance Fund created by subdivision
(a).
   (c) The department may require the transfer of moneys in the
Emergency Housing and Assistance Fund to the Surplus Money Investment
Fund for investment pursuant to Article 4 (commencing with Section
16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the
Government Code. All interest, dividends, and pecuniary gains from
these investments shall accrue to the Emergency Housing and
Assistance Fund, notwithstanding Section 16305.7 of the Government
Code.


50801.  As used in this chapter:
   (a) "Department" means the Department of Housing and Community
Development.
   (b) "Designated local board" means a group, including social
service providers and a representative of local government, that has
met department requirements for distribution of grants allocated by
the department pursuant to this chapter.
   (c) "Director" means the Director of Housing and Community
Development.
   (d) "Eligible organization" means an agency of local government or
a nonprofit corporation that provides, or contracts with community
organizations to provide, emergency shelter or transitional housing,
or both.
   (e) "Emergency shelter" means housing with minimal supportive
services for homeless persons that is limited to occupancy of six
months or less by a homeless person. No individual or household may
be denied emergency shelter because of an inability to pay.
   (f) "Nonurban county" means any county with a population of less
than 200,000, as published in the most recent edition of Population
Estimates of California Cities and Counties, E-1, prepared by the
Department of Finance, Population Research Unit.
   (g) "Region" means a county or a consortium of counties
voluntarily banding together by action of a designated local board.
   (h) "Safe Haven" means supportive housing for seriously mentally
ill homeless persons, many of whom have cooccurring substance abuse
problems, that have been unable or unwilling to participate in high
demand housing programs.
   (i) "Transitional housing" means housing with supportive services
for up to 24 months that is exclusively designated and targeted for
recently homeless persons. Transitional housing includes
self-sufficiency development services, with the ultimate goal of
moving recently homeless persons to permanent housing as quickly as
possible, and limits rents and service fees to an ability-to-pay
formula reasonably consistent with the United States Department of
Housing and Urban Development's requirements for subsidized housing
for low-income persons. Rents and service fees paid for transitional
housing may be reserved, in whole or in part, to assist residents in
moving to permanent housing.
   (j) "Urban county" means any county that is not a nonurban county.



50801.5.  (a) The department shall adopt regulations for the
administration of the Emergency Housing and Assistance Program. The
regulations shall govern the equitable distribution of funds in
accordance with the intent and provisions of this chapter, and shall
ensure that the program is administered in an effective and efficient
manner. The regulations shall provide for reasonable delegation of
authority to designated local boards, ensure that local priorities
and criteria are reasonably designed to address the needs of homeless
people, and ensure that designated local boards meet reasonable
standards of inclusiveness, accountability, nondiscrimination, and
integrity.
   (b) The regulations adopted pursuant to this section shall ensure
that emergency shelter and services will be provided on a
first-come-first-served basis for whatever time periods are
established by the shelter. No individual or household may be denied
shelter or services because of an inability to pay. Nothing in this
provision shall be construed to preclude a shelter from accepting
payment vouchers provided through any other public or private program
so long as no shelter beds are reserved beyond sundown for that
purpose. Notwithstanding Section 11135 of the Government Code or any
other provision of law, nothing in this section shall be construed to
preclude a provider of emergency shelter or transitional housing
from restricting occupancy on the basis of any of the following:
   (1) Sex.
   (2) In the case of an emergency shelter or transitional housing
offered exclusively to persons 24 years of age or younger pursuant to
Section 11139.3 of the Government Code, on the basis of age.
   (3) Military veteran status, if the veterans served possess
significant barriers to social reintegration and employment due to a
physical or mental disability, substance abuse, or the effects of
long-term homelessness that require specialized treatment and
services and the provider of emergency shelter or transitional
housing also provides the specialized treatment and services.
   However, in the case of families, providers of emergency shelter
or transitional housing shall provide, to the greatest extent
feasible, adequate facilities within their range of services so that
all members of a family may be housed together, regardless of age and
gender.



50802.  (a) The department shall ensure that not less than 20
percent of the moneys in the Emergency Housing and Assistance Fund
shall be allocated to nonurban counties during any given fiscal year.
If the funds designated for facilities operation that are allocated
to nonurban counties are not awarded by the end of that fiscal year,
then those unencumbered funds shall be allocated in the next fiscal
year to urban counties. Funds for capital development that are not
awarded by the end of the second fiscal year shall be awarded in the
subsequent fiscal year to urban counties.
   (b) The amount of funds that the department allocates from the
Emergency Housing and Assistance Fund to each region, excluding funds
allocated pursuant to subdivision (a), shall be based upon a formula
that accords at least 20 percent weight to each of the following
factors:
   (1) The relative number of persons in the region below the poverty
line according to the most recent federal census, updated, if
possible, with an estimate by the Department of Finance, compared to
the total of the urban counties.
   (2) The relative number of persons unemployed within each region,
based on the most recent one-year period for which data is available,
compared to the total of the urban counties.
   (c) Grant funds shall be disbursed as expeditiously as possible by
the department.
   (d) The department shall use not more than 5 percent of the amount
available for funds pursuant to this chapter to defray the
department's administrative costs pursuant to this chapter.
   (e) Notwithstanding any other provision of this chapter, the
department shall distribute funds appropriated for purposes of the
activities specified in paragraph (2) of subdivision (a) of Section
50803 as grants in the form of forgivable deferred loans, subject to
all of the following:
   (1) Funding shall be made available to each project as a loan with
a term of five years for rehabilitation, seven years for substantial
rehabilitation, or 10 years for acquisition and rehabilitation or
new construction. Each deferred loan shall be secured by a deed of
trust and promissory note. Repayment of the loan shall be deferred as
long as the project is used as an emergency shelter or transitional
housing. At the completion of the specified year term, the loan shall
be forgiven. If a transfer or conveyance of the project property,
however, occurs prior to that time that results in the property no
longer being used as an emergency shelter or transitional housing,
the department shall terminate the grant and require the repayment of
the deferred loan in full.
   (2) Applications for funding shall be made pursuant to
department-issued statewide "Notices of Funding Availability" without
the need for additional regulations.
   (3) The department shall set forth the criteria for evaluating
applications in the "Notices of Funding Availability" and shall make
deferred loans based on those applications that best meet the
criteria.
   (4) The department shall specify in the "Notice of Funding
Availability" both maximum and minimum grant amounts that may be
varied for urban and nonurban counties.
   (5) Contracts for projects that have not begun construction within
the initial 12-month period shall be terminated and funds
reallocated. The department, however, may extend this period by a
period not to exceed 12 months.



50802.5.  (a) The department shall issue a notice or notices of
funding availability to potential applicants and designated local
boards, as applicable, as soon as possible after funding becomes
available for the Emergency Housing and Assistance Program. Each
notice of funding availability shall indicate the amounts and types
of funds available under this program.
   (b) A designated local board, or the department in the absence of
a designated local board, shall solicit, receive, and select among
applications for grants pursuant to this chapter from eligible
organizations through an open, fair, and competitive process. These
applications shall be ranked and selected by a designated local
board, or by the department in the absence of a designated local
board.
   (c) Notwithstanding subdivision (b), the department may restrict a
designated local board from selecting any application requesting a
grant for capital developments if the amount requested by the
application exceeds the limits determined by the department, and the
department determines that the designated local board is not
qualified to evaluate the application. The department shall establish
criteria for distinguishing between a designated local board that
may be so restricted and a designated local board that would not be
so restricted. A designated local board may appeal to the director,
or to the director's designee, any decision made by the department
pursuant to this subdivision. The department, by June 30, 2001, shall
consider increasing the maximum grant limits to three hundred
thousand dollars ($300,000) for operating grants and five hundred
thousand dollars ($500,000) for capital grants.
   (d) The department, or the designated local board, as applicable,
shall not grant more than one million dollars ($1,000,000) to any
eligible organization within a region in a funding round even if the
eligible organization has filed multiple applications.
   (e) The department shall determine requirements of the grant
contract and shall contract directly with the grant recipient. The
department shall not delegate this function to the designated local
boards. Eligible designated local boards may use a percentage of the
regional award funds to defray administrative costs. The department
shall establish this percentage, which shall not exceed 2 percent.
   (f) The designated local board shall regulate the performance of
any grant contract within their region, subject to department
oversight and requirements established by the department.
   (g) The department shall not perform a secondary rating or ranking
review on those grant applications that have been solicited,
received, and selected by a designated local board according to a
local ranking criterion that has been approved by the department.
   (h) Notwithstanding any other provision of this chapter, if the
Housing and Emergency Shelter Trust Fund Act of 2002 is approved by
the voters, funds allocated pursuant to paragraph (2) of subdivision
(a) of Section 53533 shall be administered by the department in a
manner consistent with the restrictions and authorizations contained
in provision 3 of Item 2240-105-0001 of the Budget Act of 2000,
except that any appropriations in that item shall not apply. The
competitive system used by the department shall incorporate
priorities set by the designated local boards and their input as to
the relative merits of submitted applications from within the
designated local board's county in relation to those priorities.
   In addition, the funding limitations contained in this section
shall not apply to the appropriation in that budget item.



50803.  (a) Grants awarded by the department pursuant to this
chapter shall be used by a grant recipient to defray costs of
eligible activities defined in department regulations, including, but
not limited to, any of the following activities:
   (1) Operating facilities, including, but not limited to,
operations staff salaries, maintenance, repair, utilities, equipment,
and debt reduction.
   (2) Providing for capital development programs, such as
acquisition, leasing, construction, and rehabilitation of sites for
emergency shelter and transitional housing for homeless persons.
   (3) Administrative costs.
   (4) Operating expenses relating to supervising and counseling
clients.
   (5) Providing residential rental assistance.
   (6) Leasing or renting rooms for provision of temporary shelter.
   (b) Funds allocated to a nonurban county pursuant to subdivision
(a) of Section 50802 may be used to pay the cost of leasing or
renting individual units, hotel rooms, or motel rooms for use as
emergency shelters. No more than 15 percent of the funds allocated to
a region other than a nonurban county shall be expended for this
purpose.
   (c) By regulation, the department shall establish a level, not to
exceed 5 percent of a grant award, which any eligible recipient may
use to defray administrative costs.



50803.5.  Each designated local board shall provide a process for
appeal of its decisions and comply with the requirements of this
chapter and the regulations promulgated hereunder.



50804.  (a) Each designated local board shall submit to the
department for approval, a local emergency shelter strategy for its
region, describing the procedures for complying with requirements
pursuant to this chapter and the regulations promulgated thereunder.
The department shall establish, by regulation, the types of
information that each designated local board shall include in the
strategy, including, but not limited to, each of the following:
   (1) A statement of goals and how goals will be achieved.
   (2) A statement of priorities and how the priorities complement
the local continuum of care planning process.
   (3) A description of the application process and ranking criteria
for the Emergency Housing and Assistance Program.
   (4) Copies of application forms for the Emergency Housing and
Assistance Program that the designated local board will use to
evaluate requests for grants.
   (5) A statement of how grant recipients shall be encouraged to
develop year-round emergency shelters and transitional housing to
meet the diverse needs of the homeless populations that include
families, youth, and persons with physical and mental disabilities,
people who are addicted to alcohol and drugs, people living with
HIV/AIDS, veterans, the elderly, and pregnant women. Also, a
description of how the local plan serves the needs of individuals and
families at risk of homelessness as a result of eviction.
   (b) The department shall establish a deadline, by which date the
designated local board shall be required to submit a strategy for the
department's review.
   (c) Upon the department's approval of a strategy, the designated
local board shall make the strategy broadly available to shelter and
service providers and to other interested persons in its region.




50804.5.  (a) Project budgets may be changed, within limits
established by the department.
   (b) Funds allocated to a region shall remain available for funding
applications within the region for a time period or dollar limit to
be specified by department regulations. The department may designate
a time period or dollar limit for the distribution of capital
development funds that is different from the time period or dollar
limit for the distribution of noncapital development funds. When the
designated local board is unable to distribute funds during the time
period designated by the department, the funds shall revert to the
fund for distribution.



50805.  (a) The director shall establish a statewide advisory body
on emergency and transitional housing. The department shall consult
with the advisory body in the development of regulations and
guidelines for certification of designated local boards, requirements
for the local emergency shelter strategies, assessment of statewide
needs of homeless persons and providers of services to homeless
persons, coordination of services and funds of state agencies, and
general guidance and direction related to this chapter. The director
shall establish, and the department shall begin consulting with, the
advisory body within 30 days of the operative date of the act that
adds this chapter.
   (b) The advisory body established pursuant to this section shall
be appointed by, and serve at the pleasure of, the director and shall
represent a broad range of representatives of designated local
boards, emergency shelter providers, and transitional housing
providers from throughout the state. There shall be at least one
member who is homeless or formerly homeless; at least one member who
represents a statewide nonprofit advocacy organization concerned with
homelessness and low-cost affordable housing; one member who
represents a designated local board; one member who represents a
federal interagency council concerned with homeless issues; one
member representing state services for homeless persons; one member
who is a residential building owner or manager; one member who is a
commercial building owner or manager; and one member of the public.
The department shall not use funds made available pursuant to this
chapter to fund the activities of the advisory body.



50806.5.  The department may adopt emergency regulations to
implement this chapter, with respect to award of funds and the
administration of the program, to the extent necessary before the
department issues the first notice of funding availability pursuant
to Section 50802.5. The adoption of emergency regulations shall be
conclusively presumed to be necessary for the immediate preservation
of the public peace, health, safety, or general welfare within the
meaning, or purposes, of Section 11346.1 of the Government Code. Any
changes in regulations made by the department pursuant to this
section shall be identified in the notice of funding availability
published by the department pursuant to Section 50802.5.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 50800-50806.5

HEALTH AND SAFETY CODE
SECTION 50800-50806.5



50800.  (a) It is the intent of the Legislature to encourage the
provision of shelter, with effective personal rehabilitation and
self-sufficiency development services, to homeless persons at as low
a cost and as quickly as possible, without compromising the health
and safety of shelter occupants. It is also the intent of the
Legislature to encourage the move of homeless persons from shelters
to a self-supporting environment as soon as possible, to encourage
provision of services for as many persons at risk of homelessness as
possible, to encourage compatible and effective funding of homeless
services, and to encourage coordination among public agencies that
fund or provide services to homeless individuals, as well as agencies
that discharge people from their institutions, including, but not
limited to, child welfare agencies, health care programs, and jails
and prisons. Because many communities currently provide shelter and
limited services to individuals who are unable or unwilling to comply
with traditional housing programs only during cold and wet weather
and because year-round shelter will encourage these individuals to
accept services and move toward permanent housing, it is also the
intent of the Legislature to increase the availability of year-round
shelter to meet the special needs of those individuals, including a
Safe Haven that provides supportive housing for seriously mentally
ill homeless persons.
   (b) There is hereby created the Emergency Housing and Assistance
Program.
   (c) To the extent possible, the Emergency Housing and Assistance
Program shall not conflict with the federal Stewart B. McKinney
Homeless Assistance Act, as approved on July 22, 1987, cited as
Public Law 100-77, as it is, from time to time, amended, and
regulations promulgated thereunder by the United States Department of
Housing and Urban Development, or its successor.



50800.5.  (a) There is hereby created in the State Treasury the
Emergency Housing and Assistance Fund. Notwithstanding Section 13340
of the Government Code, all money in the fund is continuously
appropriated to the department to carry out the purposes of this
chapter. Any repayments, interest, or new appropriations shall be
deposited in the fund, notwithstanding Section 16305.7 of the
Government Code. Money in the fund shall not be subject to transfer
to any other fund pursuant to any provision of Part 2 (commencing
with Section 16300) of Division 4 of Title 2 of the Government Code,
except to the Surplus Money Investment Fund.
   (b) All moneys in the Emergency Housing and Assistance Fund,
created pursuant to Section 50800.5 as it existed prior to the
effective date of the act that adds this chapter, shall be
transferred, on the effective date of the act that adds this chapter,
to the Emergency Housing and Assistance Fund created by subdivision
(a).
   (c) The department may require the transfer of moneys in the
Emergency Housing and Assistance Fund to the Surplus Money Investment
Fund for investment pursuant to Article 4 (commencing with Section
16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the
Government Code. All interest, dividends, and pecuniary gains from
these investments shall accrue to the Emergency Housing and
Assistance Fund, notwithstanding Section 16305.7 of the Government
Code.


50801.  As used in this chapter:
   (a) "Department" means the Department of Housing and Community
Development.
   (b) "Designated local board" means a group, including social
service providers and a representative of local government, that has
met department requirements for distribution of grants allocated by
the department pursuant to this chapter.
   (c) "Director" means the Director of Housing and Community
Development.
   (d) "Eligible organization" means an agency of local government or
a nonprofit corporation that provides, or contracts with community
organizations to provide, emergency shelter or transitional housing,
or both.
   (e) "Emergency shelter" means housing with minimal supportive
services for homeless persons that is limited to occupancy of six
months or less by a homeless person. No individual or household may
be denied emergency shelter because of an inability to pay.
   (f) "Nonurban county" means any county with a population of less
than 200,000, as published in the most recent edition of Population
Estimates of California Cities and Counties, E-1, prepared by the
Department of Finance, Population Research Unit.
   (g) "Region" means a county or a consortium of counties
voluntarily banding together by action of a designated local board.
   (h) "Safe Haven" means supportive housing for seriously mentally
ill homeless persons, many of whom have cooccurring substance abuse
problems, that have been unable or unwilling to participate in high
demand housing programs.
   (i) "Transitional housing" means housing with supportive services
for up to 24 months that is exclusively designated and targeted for
recently homeless persons. Transitional housing includes
self-sufficiency development services, with the ultimate goal of
moving recently homeless persons to permanent housing as quickly as
possible, and limits rents and service fees to an ability-to-pay
formula reasonably consistent with the United States Department of
Housing and Urban Development's requirements for subsidized housing
for low-income persons. Rents and service fees paid for transitional
housing may be reserved, in whole or in part, to assist residents in
moving to permanent housing.
   (j) "Urban county" means any county that is not a nonurban county.



50801.5.  (a) The department shall adopt regulations for the
administration of the Emergency Housing and Assistance Program. The
regulations shall govern the equitable distribution of funds in
accordance with the intent and provisions of this chapter, and shall
ensure that the program is administered in an effective and efficient
manner. The regulations shall provide for reasonable delegation of
authority to designated local boards, ensure that local priorities
and criteria are reasonably designed to address the needs of homeless
people, and ensure that designated local boards meet reasonable
standards of inclusiveness, accountability, nondiscrimination, and
integrity.
   (b) The regulations adopted pursuant to this section shall ensure
that emergency shelter and services will be provided on a
first-come-first-served basis for whatever time periods are
established by the shelter. No individual or household may be denied
shelter or services because of an inability to pay. Nothing in this
provision shall be construed to preclude a shelter from accepting
payment vouchers provided through any other public or private program
so long as no shelter beds are reserved beyond sundown for that
purpose. Notwithstanding Section 11135 of the Government Code or any
other provision of law, nothing in this section shall be construed to
preclude a provider of emergency shelter or transitional housing
from restricting occupancy on the basis of any of the following:
   (1) Sex.
   (2) In the case of an emergency shelter or transitional housing
offered exclusively to persons 24 years of age or younger pursuant to
Section 11139.3 of the Government Code, on the basis of age.
   (3) Military veteran status, if the veterans served possess
significant barriers to social reintegration and employment due to a
physical or mental disability, substance abuse, or the effects of
long-term homelessness that require specialized treatment and
services and the provider of emergency shelter or transitional
housing also provides the specialized treatment and services.
   However, in the case of families, providers of emergency shelter
or transitional housing shall provide, to the greatest extent
feasible, adequate facilities within their range of services so that
all members of a family may be housed together, regardless of age and
gender.



50802.  (a) The department shall ensure that not less than 20
percent of the moneys in the Emergency Housing and Assistance Fund
shall be allocated to nonurban counties during any given fiscal year.
If the funds designated for facilities operation that are allocated
to nonurban counties are not awarded by the end of that fiscal year,
then those unencumbered funds shall be allocated in the next fiscal
year to urban counties. Funds for capital development that are not
awarded by the end of the second fiscal year shall be awarded in the
subsequent fiscal year to urban counties.
   (b) The amount of funds that the department allocates from the
Emergency Housing and Assistance Fund to each region, excluding funds
allocated pursuant to subdivision (a), shall be based upon a formula
that accords at least 20 percent weight to each of the following
factors:
   (1) The relative number of persons in the region below the poverty
line according to the most recent federal census, updated, if
possible, with an estimate by the Department of Finance, compared to
the total of the urban counties.
   (2) The relative number of persons unemployed within each region,
based on the most recent one-year period for which data is available,
compared to the total of the urban counties.
   (c) Grant funds shall be disbursed as expeditiously as possible by
the department.
   (d) The department shall use not more than 5 percent of the amount
available for funds pursuant to this chapter to defray the
department's administrative costs pursuant to this chapter.
   (e) Notwithstanding any other provision of this chapter, the
department shall distribute funds appropriated for purposes of the
activities specified in paragraph (2) of subdivision (a) of Section
50803 as grants in the form of forgivable deferred loans, subject to
all of the following:
   (1) Funding shall be made available to each project as a loan with
a term of five years for rehabilitation, seven years for substantial
rehabilitation, or 10 years for acquisition and rehabilitation or
new construction. Each deferred loan shall be secured by a deed of
trust and promissory note. Repayment of the loan shall be deferred as
long as the project is used as an emergency shelter or transitional
housing. At the completion of the specified year term, the loan shall
be forgiven. If a transfer or conveyance of the project property,
however, occurs prior to that time that results in the property no
longer being used as an emergency shelter or transitional housing,
the department shall terminate the grant and require the repayment of
the deferred loan in full.
   (2) Applications for funding shall be made pursuant to
department-issued statewide "Notices of Funding Availability" without
the need for additional regulations.
   (3) The department shall set forth the criteria for evaluating
applications in the "Notices of Funding Availability" and shall make
deferred loans based on those applications that best meet the
criteria.
   (4) The department shall specify in the "Notice of Funding
Availability" both maximum and minimum grant amounts that may be
varied for urban and nonurban counties.
   (5) Contracts for projects that have not begun construction within
the initial 12-month period shall be terminated and funds
reallocated. The department, however, may extend this period by a
period not to exceed 12 months.



50802.5.  (a) The department shall issue a notice or notices of
funding availability to potential applicants and designated local
boards, as applicable, as soon as possible after funding becomes
available for the Emergency Housing and Assistance Program. Each
notice of funding availability shall indicate the amounts and types
of funds available under this program.
   (b) A designated local board, or the department in the absence of
a designated local board, shall solicit, receive, and select among
applications for grants pursuant to this chapter from eligible
organizations through an open, fair, and competitive process. These
applications shall be ranked and selected by a designated local
board, or by the department in the absence of a designated local
board.
   (c) Notwithstanding subdivision (b), the department may restrict a
designated local board from selecting any application requesting a
grant for capital developments if the amount requested by the
application exceeds the limits determined by the department, and the
department determines that the designated local board is not
qualified to evaluate the application. The department shall establish
criteria for distinguishing between a designated local board that
may be so restricted and a designated local board that would not be
so restricted. A designated local board may appeal to the director,
or to the director's designee, any decision made by the department
pursuant to this subdivision. The department, by June 30, 2001, shall
consider increasing the maximum grant limits to three hundred
thousand dollars ($300,000) for operating grants and five hundred
thousand dollars ($500,000) for capital grants.
   (d) The department, or the designated local board, as applicable,
shall not grant more than one million dollars ($1,000,000) to any
eligible organization within a region in a funding round even if the
eligible organization has filed multiple applications.
   (e) The department shall determine requirements of the grant
contract and shall contract directly with the grant recipient. The
department shall not delegate this function to the designated local
boards. Eligible designated local boards may use a percentage of the
regional award funds to defray administrative costs. The department
shall establish this percentage, which shall not exceed 2 percent.
   (f) The designated local board shall regulate the performance of
any grant contract within their region, subject to department
oversight and requirements established by the department.
   (g) The department shall not perform a secondary rating or ranking
review on those grant applications that have been solicited,
received, and selected by a designated local board according to a
local ranking criterion that has been approved by the department.
   (h) Notwithstanding any other provision of this chapter, if the
Housing and Emergency Shelter Trust Fund Act of 2002 is approved by
the voters, funds allocated pursuant to paragraph (2) of subdivision
(a) of Section 53533 shall be administered by the department in a
manner consistent with the restrictions and authorizations contained
in provision 3 of Item 2240-105-0001 of the Budget Act of 2000,
except that any appropriations in that item shall not apply. The
competitive system used by the department shall incorporate
priorities set by the designated local boards and their input as to
the relative merits of submitted applications from within the
designated local board's county in relation to those priorities.
   In addition, the funding limitations contained in this section
shall not apply to the appropriation in that budget item.



50803.  (a) Grants awarded by the department pursuant to this
chapter shall be used by a grant recipient to defray costs of
eligible activities defined in department regulations, including, but
not limited to, any of the following activities:
   (1) Operating facilities, including, but not limited to,
operations staff salaries, maintenance, repair, utilities, equipment,
and debt reduction.
   (2) Providing for capital development programs, such as
acquisition, leasing, construction, and rehabilitation of sites for
emergency shelter and transitional housing for homeless persons.
   (3) Administrative costs.
   (4) Operating expenses relating to supervising and counseling
clients.
   (5) Providing residential rental assistance.
   (6) Leasing or renting rooms for provision of temporary shelter.
   (b) Funds allocated to a nonurban county pursuant to subdivision
(a) of Section 50802 may be used to pay the cost of leasing or
renting individual units, hotel rooms, or motel rooms for use as
emergency shelters. No more than 15 percent of the funds allocated to
a region other than a nonurban county shall be expended for this
purpose.
   (c) By regulation, the department shall establish a level, not to
exceed 5 percent of a grant award, which any eligible recipient may
use to defray administrative costs.



50803.5.  Each designated local board shall provide a process for
appeal of its decisions and comply with the requirements of this
chapter and the regulations promulgated hereunder.



50804.  (a) Each designated local board shall submit to the
department for approval, a local emergency shelter strategy for its
region, describing the procedures for complying with requirements
pursuant to this chapter and the regulations promulgated thereunder.
The department shall establish, by regulation, the types of
information that each designated local board shall include in the
strategy, including, but not limited to, each of the following:
   (1) A statement of goals and how goals will be achieved.
   (2) A statement of priorities and how the priorities complement
the local continuum of care planning process.
   (3) A description of the application process and ranking criteria
for the Emergency Housing and Assistance Program.
   (4) Copies of application forms for the Emergency Housing and
Assistance Program that the designated local board will use to
evaluate requests for grants.
   (5) A statement of how grant recipients shall be encouraged to
develop year-round emergency shelters and transitional housing to
meet the diverse needs of the homeless populations that include
families, youth, and persons with physical and mental disabilities,
people who are addicted to alcohol and drugs, people living with
HIV/AIDS, veterans, the elderly, and pregnant women. Also, a
description of how the local plan serves the needs of individuals and
families at risk of homelessness as a result of eviction.
   (b) The department shall establish a deadline, by which date the
designated local board shall be required to submit a strategy for the
department's review.
   (c) Upon the department's approval of a strategy, the designated
local board shall make the strategy broadly available to shelter and
service providers and to other interested persons in its region.




50804.5.  (a) Project budgets may be changed, within limits
established by the department.
   (b) Funds allocated to a region shall remain available for funding
applications within the region for a time period or dollar limit to
be specified by department regulations. The department may designate
a time period or dollar limit for the distribution of capital
development funds that is different from the time period or dollar
limit for the distribution of noncapital development funds. When the
designated local board is unable to distribute funds during the time
period designated by the department, the funds shall revert to the
fund for distribution.



50805.  (a) The director shall establish a statewide advisory body
on emergency and transitional housing. The department shall consult
with the advisory body in the development of regulations and
guidelines for certification of designated local boards, requirements
for the local emergency shelter strategies, assessment of statewide
needs of homeless persons and providers of services to homeless
persons, coordination of services and funds of state agencies, and
general guidance and direction related to this chapter. The director
shall establish, and the department shall begin consulting with, the
advisory body within 30 days of the operative date of the act that
adds this chapter.
   (b) The advisory body established pursuant to this section shall
be appointed by, and serve at the pleasure of, the director and shall
represent a broad range of representatives of designated local
boards, emergency shelter providers, and transitional housing
providers from throughout the state. There shall be at least one
member who is homeless or formerly homeless; at least one member who
represents a statewide nonprofit advocacy organization concerned with
homelessness and low-cost affordable housing; one member who
represents a designated local board; one member who represents a
federal interagency council concerned with homeless issues; one
member representing state services for homeless persons; one member
who is a residential building owner or manager; one member who is a
commercial building owner or manager; and one member of the public.
The department shall not use funds made available pursuant to this
chapter to fund the activities of the advisory body.



50806.5.  The department may adopt emergency regulations to
implement this chapter, with respect to award of funds and the
administration of the program, to the extent necessary before the
department issues the first notice of funding availability pursuant
to Section 50802.5. The adoption of emergency regulations shall be
conclusively presumed to be necessary for the immediate preservation
of the public peace, health, safety, or general welfare within the
meaning, or purposes, of Section 11346.1 of the Government Code. Any
changes in regulations made by the department pursuant to this
section shall be identified in the notice of funding availability
published by the department pursuant to Section 50802.5.