CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 977

Introduced by Assembly Members Gabriel and Petrie-Norris
(Coauthors: Assembly Members Fong, McCarty, Nazarian, Quirk-Silva, Blanca Rubio, and Voepel)

February 18, 2021

An act to add Section 50675.1.3 to the Health and Safety Code, to add Section 987.011 to the Military and Veterans Code, to add Section 18897.5 to the Revenue and Taxation Code, and to add Sections 5849.16, 11450.04, and 15772 to the Welfare and Institutions Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


AB 977, as introduced, Gabriel. Homelessness prevention programs: Homeless Management Information System.
(1) Existing law establishes the Multifamily Housing Program administered by the Department of Housing and Community Development. Existing law requires assistance for projects under the program to be provided in the form of deferred payment loans to pay for eligible costs of the development, as provided. Existing law also requires that funds appropriated in the 2020 Budget Act or an act related to the 2020 Budget Act, including moneys received from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic, be disbursed in accordance with the Multifamily Housing Program for specified uses, and provides that the above-described deferred payment loan requirement under the program does not apply to assistance provided pursuant to these provisions, as specified.
Existing law, the Veterans Housing and Homeless Prevention Act of 2014, requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish and implement programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness, as specified. In this regard, existing law requires those departments to establish and implement programs that, among other things, prioritize projects that combine housing and supportive services.
Existing law authorizes an individual to contribute amounts in excess of their personal income tax liability for the support of specified funds, including the School Supplies for Homeless Children Fund. Existing law requires the moneys deposited in the School Supplies for Homeless Children Fund, upon appropriation by the Legislature, to be allocated to the State Department of Social Services for distribution to a designated nonprofit organization for the sole purpose of assisting pupils in California by providing school supplies and health-related products to partnering local education agencies for distribution to homeless children, as specified.
Existing law, the No Place Like Home Program, as ratified and amended by Proposition 2, which was approved by the voters at the November 6, 2018, statewide general election, provides funding to provide permanent supportive housing for the target population, which is defined to include individuals who have a serious mental disorder and who are homeless, chronically homeless, or at risk of chronic homelessness. Existing law authorizes the Legislature to amend Proposition 2 by a 2/3 vote, so long as the amendment is consistent with and furthers the intent of that measure.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing state law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides homeless assistance benefits to homeless families seeking shelter. Under existing law, a family is considered homeless for the purpose of establishing eligibility for homeless assistance benefits if, among other things, the family has received a notice to pay rent or quit.
Existing law establishes the Home Safe Program, which requires the State Department of Social Services to award grants to counties, tribes, or groups of counties or tribes that provide services to elder and dependent adults who experience abuse, neglect, and exploitation and otherwise meet the eligibility criteria for adult protective services, for the purpose of providing prescribed housing-related supports to eligible individuals.
This bill would require each recipient of funds under the programs described above to provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System. The bill would require the Homeless Coordinating and Financing Council to specify the form and substance of the required data elements. By imposing new requirements on the local agencies that receive funding under the programs described above, the bill would impose a state-mandated local program.
(2) Existing law authorizes the Legislature to amend Proposition 2 by a 2/3 vote, so long as the amendment is consistent with and furthers the intent of that measure.
The bill would state the findings of the Legislature that these provisions are consistent with, and further the intent of, the No Place Like Home Act.
(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 50675.1.3 is added to the Health and Safety Code, to read:

50675.1.3.
 (a) Notwithstanding any law, a recipient of funds pursuant to Section 50675.1.1 shall provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System.
(b) (1) The Homeless Coordinating and Financing Council shall specify the form and substance of the data elements required pursuant to subdivision (a).
(2) The Homeless Coordinating and Financing Council may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(c) Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(d) For purposes of this section, “health information” means “protected health information,” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.

SEC. 2.

 Section 987.011 is added to the Military and Veterans Code, to read:

987.011.
 (a) Notwithstanding any law, a recipient of funds pursuant to this article shall provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System.
(b) (1) The Homeless Coordinating and Financing Council shall specify the form and substance of the data elements required pursuant to subdivision (a).
(2) The Homeless Coordinating and Financing Council may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(c) Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(d) For purposes of this section, “health information” means “protected health information,” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.

SEC. 3.

 Section 18897.5 is added to the Revenue and Taxation Code, to read:

18897.5.
 (a) Notwithstanding any law, a nonprofit organization that receives funds pursuant to Section 18897 shall provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System.
(b) (1) The Homeless Coordinating and Financing Council shall specify the form and substance of the data elements required pursuant to subdivision (a).
(2) The Homeless Coordinating and Financing Council may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(c) Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(d) For purposes of this section, “health information” means “protected health information,” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.

SEC. 4.

 Section 5849.16 is added to the Welfare and Institutions Code, immediately following Section 5849.15, to read:

5849.16.
 (a) Notwithstanding any law, a recipient of funds pursuant to this part shall provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System.
(b) (1) The Homeless Coordinating and Financing Council shall specify the form and substance of the data elements required pursuant to subdivision (a).
(2) The Homeless Coordinating and Financing Council may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(c) Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(d) For purposes of this section, “health information” means “protected health information,” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.

SEC. 5.

 Section 11450.04 is added to the Welfare and Institutions Code, to read:

11450.04.
 (a) Notwithstanding any law, a recipient of homeless assistance benefits shall provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System.
(b) (1) The Homeless Coordinating and Financing Council shall specify the form and substance of the data elements required pursuant to subdivision (a).
(2) The Homeless Coordinating and Financing Council may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(c) Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code)
(d) For purposes of this section:
(1) “Health information” means “protected health information,” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.
(2) “Homeless assistance benefits” means benefits paid pursuant to paragraph (2) of subdivision (f) of Section 11450 and Section 11450.4.

SEC. 6.

 Section 15772 is added to the Welfare and Institutions Code, immediately following Section 15771, to read:

15772.
 (a) Notwithstanding any law, a recipient of funds pursuant to this chapter shall provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System.
(b) (1)  The Homeless Coordinating and Financing Council shall specify the form and substance of the data elements required pursuant to subdivision (a).
(2) The Homeless Coordinating and Financing Council may, as required by operational necessity, amend or modify data elements, disclosure formats, or disclosure frequency.
(c) Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(d) For purposes of this section, “health information” means “protected health information,” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.

SEC. 7.

 The Legislature finds and declares that the amendments to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) made by this act are consistent with and further the intent of Proposition 2, as approved by the voters at the November 6, 2018, statewide general election within the meaning of Section 7 of Proposition 2.

SEC. 8.

 The Legislature finds and declares that Section 1 of this act, which adds Section 50675.1.3 to the Health and Safety Code, Section 2 of this act, which adds Section 987.011 to the Military and Veterans Code, Section 3 of this act, which adds Section 18897.5 to the Revenue and Taxation Code, and Sections 4, 5, and 6 of this act, which add Sections 5849.16, 11450.04, and 15772 to the Welfare and Institutions Code, all impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act furthers the purposes of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution by balancing the public right to access public records with this need to protect the confidentiality of personal information of persons receiving public assistance with respect to funds provided under the programs subject to the provisions of the bill.

SEC. 9.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.