BILL REQ. #:  H-1240.1 

Read first time 02/07/2005.   Referred to Committee on Housing.

     AN ACT Relating to ending homelessness in the state of Washington; amending RCW 36.18.010; adding a new section to chapter 36.22 RCW; adding a new chapter to Title 43 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   Despite laudable efforts by all levels of government, private individuals, and charitable foundations to end homelessness, the number of homeless persons in Washington is unacceptably high and appears to be growing. The state's homeless population, furthermore, includes a large number of families with children, youth, and employed persons. The legislature further finds that the fiscal and societal costs of homelessness are very high for both the public and private sectors, and that ending homelessness is both morally and economically imperative.
     The legislature finds that there are many causes of homelessness, including a shortage of family-wage jobs which undermines housing affordability; a lack of an accessible and affordable health care system available to all who suffer from physical and mental illnesses and chemical and alcohol dependency; and a lack of education and job skills necessary in the economy of the twenty-first century.
     While the provision of housing and housing-related services to the homeless should be administered at the local level to best address specific community needs, the legislature recognizes the need for systematic statewide data collection on homelessness in Washington, including the number and geographic location of homeless persons. In order to truly end homelessness, there must also be a clear assignment of responsibilities, a clear statement of achievable and quantifiable goals, systematic collection and rigorous evaluation of the data, a search for and implementation through adequate resource allocation of best practices, and systematic measurement of progress toward interim goals and the ultimate goal of ending homelessness in Washington by July 1, 2015.

NEW SECTION.  Sec. 2   This chapter may be known and cited as the homeless housing act.

NEW SECTION.  Sec. 3   There is created within the department the homeless housing program to develop and coordinate a statewide strategic plan, and to create resources targeted to providing all homeless individuals and families with decent permanent housing. The department and all Washington county governments share the responsibility for ending homelessness in the state of Washington within ten years. The program will be developed and administered by the department with advice and input from the affordable housing advisory board established in RCW 43.185B.020.

NEW SECTION.  Sec. 4   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of community, trade, and economic development.
     (2) "Director" means the director of the department of community, trade, and economic development.
     (3) "Homeless person" means an individual living without permanent shelter, including an individual living outside, in an emergency shelter, and in a temporary housing program which may include a transitional and supportive housing program if habitation time limits exist.
     (4) "Washington homeless census" means an annual statewide census conducted as a collaborative effort by towns, cities, counties, community-based organizations, and state agencies with the technical support and coordination of the department, to count and collect data on all homeless individuals in Washington.
     (5) "Homeless housing account" means the state treasury account receiving the state's portion of income from revenue from the sources established by section 19 of this act.
     (6) "Homeless housing grant program" means the vehicle by which competitive grants are awarded by the department, utilizing moneys from the homeless housing account, to local governments for programs directly related to housing homeless individuals and families, addressing the root causes of homelessness, preventing homelessness, collecting data on homeless individuals, and other efforts directly related to ending homelessness in Washington. State funds accessible through the homeless housing grant program are to supplement the local government's share of the revenue from the sources established by section 19 of this act to support programs to end homelessness within their boundaries.
     (7) "Local government" means a county government in the state of Washington. Should a city government affirmatively elect to join this effort by accepting the responsibility for ending homelessness within their borders through the operation of a homeless housing program separate from that of the county, it is included in the definition of "local government." All local government efforts must be incorporated into the state strategic plan.
     (8) "Housing continuum" means the progression of individuals along a housing-focused situational continuum with homelessness at one end, and homeownership at the other. Such a continuum could, for example, range from homeless on the street, to homeless in a temporary shelter, to participation in a transitional housing program, to residency in a supportive housing environment, to acquisition and maintenance of a subsidized apartment, to acquisition and maintenance of a nonsubsidized apartment, to homeownership.
     (9) "Local homeless housing advisory council" means a voluntary local committee created to advise a local government on the creation of a local homeless housing program strategic plan, participate in a program evaluation within the service area, and report to the department on the local area's progress toward meeting the goal of ending homelessness.
     (10) "Long-term private or public housing" and "permanent shelter" mean subsidized and unsubsidized rental or owner-occupied housing in which there is no established time limit for habitation.
     (11) "Housing wage" is the amount a person working full time has to earn to afford the fair market rent on a two bedroom unit while paying no more than thirty percent of their income in rent. The housing wage is published in the "out of reach" report compiled and distributed annually by the national low income housing coalition.

NEW SECTION.  Sec. 5   The homeless housing account is created in the custody of the state treasurer. The department's portion of the surcharge established in section 19 of this act must be deposited in the account. Expenditures from the account may be used only for the homeless housing grant program. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 6   (1) The department will allocate grant moneys from the homeless housing account to finance in whole or in part programs and projects to assist homeless individuals and families access to adequate housing, prevent at-risk individuals from becoming homeless, address the root causes of homelessness, track and report on homeless-related data, and facilitate the movement of homeless or formerly homeless individuals along the housing continuum toward more stable and independent housing.
     (2) Activities eligible for assistance from the homeless housing account include, but are not limited to:
     (a) Shelters and related services for the homeless, including emergency shelters, overnight youth shelters, transitional housing, and supportive housing;
     (b) Participation in a basic rental assistance subsidy or voucher program to be created by rule by the department;
     (c) Emergency eviction prevention programs, including temporary rental and mortgage payment subsidies to prevent homelessness;
     (d) New construction, expansion, rehabilitation, or acquisition of housing units specifically to be used to house homeless individuals and families;
     (e) Homeless supportive services directly related to assisting families to acquire and retain stable housing;
     (f) Rental deposit and security deposit assistance for individuals and families moving into rental units;
     (g) Outreach to homeless individuals and families;
     (h) Homeless census data collection;
     (i) Creation and ongoing management of voluntary local homeless housing advisory councils;
     (j) Administrative costs when such a grant will substantially increase the recipient's access to housing funds other than those available under this chapter; and
     (k) Technical assistance, design, and finance services and consultation.

NEW SECTION.  Sec. 7   Only a local government is eligible to receive a homeless housing grant from the homeless housing account. The legislature specifically assigns responsibility to individual county governments to end homelessness within their borders. All counties receive revenue directly from sources established by this chapter to accomplish this goal. All counties are also eligible to apply for the state's portion of funding from sources established by this chapter through the homeless housing grant program. Any city may specifically assert responsibility for ending homelessness within its borders if it so chooses, by forwarding a resolution to the board of county commissioners stating its intention and its commitment to operating a separate homeless housing program. Such cities will then receive a portion of the county funds proportional to the need within the city as identified by the Washington homeless survey. Cities may also then apply separately and individually for homeless housing program grants. Cities choosing to operate their own homeless housing programs are thereby accepting the responsibility for ending homelessness within its boundaries and are responsible for complying with all of the same reporting requirements as counties.
     Local governments applying for homeless housing funds may subcontract with any other local government, nonprofit community-based organization, or private entity for the execution of programs contributing to the overall goal of ending homelessness within a defined service area. All subcontracts shall be filed with the department and shall have specific performance terms. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for ending homelessness within its borders.

NEW SECTION.  Sec. 8   A local government participating in the homeless housing grant program must create a local homeless housing advisory council consisting of representatives from among other stakeholder groups. Advisory councilmembers could include representatives from other governmental entities within the defined area, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, local housing authorities, representatives from the business community, work force training entities, health care organizations, and regional or statewide nonprofit housing assistance organizations. Councils must also include a homeless or formerly homeless individual.

NEW SECTION.  Sec. 9   (1) During each calendar year in which moneys from the homeless housing account are available for use by the department for the homeless housing grant program, the department will announce to all Washington counties, participating cities, and through major media throughout the state, a grant application period of at least ninety days' duration. This announcement will be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds, less appropriate administrative costs of the department as described in section 19 of this act. In awarding funds under this chapter, the department shall strive for a geographic distribution of the funds.
     (2) The department will develop, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, criteria to evaluate grant applications.
     (3) The department may give preference to applications based on some or all of the following criteria:
     (a) The total homeless population in the applicant local government service area, as reported by the most recent annual Washington homeless census;
     (b) Current local expenditures to provide housing for the homeless;
     (c) Local government and private contributions pledged to the program in the form of infrastructure improvements, and others;
     (d) The current local expenditures to address the underlying causes of homelessness;
     (e) The degree of leveraging of other funds from local government or private sources for the program for which funds are being requested, to include recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;
     (f) Projects that demonstrate a strong probability of serving homeless individuals or families for a period of at least twenty-five years;
     (g) Projects which demonstrate serving homeless populations with the greatest needs, including projects that serve special needs populations;
     (h) The degree to which the applicant project represents a collaboration between local governments, nonprofit community-based organizations, local and state agencies, and the private sector;
     (i) Projects which are consistent with the local and state homeless housing program strategic plans;
     (j) The experience and past performance of the local government in operating similar programs;
     (k) The prior performance of the local government in operating programs funded by the homeless housing account;
     (l) The operational capacity of the local government, including fiscal capacity, staff capacity, and management structure;
     (m) The qualifications of any nonprofit organization or other entity with which the local government has subcontracted;
     (n) The existence of a local homeless housing advisory council representing private, public, and homeless or formerly homeless sectors of the community;
     (o) The existence of a current local homeless housing program strategic plan which has been reviewed by the department;
     (p) The existence of performance measures within the program's evaluation plan to consist of the homeless housing grant program's mandatory performance measures as defined in section 12 of this act, additional mandatory homeless housing performance measures to be defined by the department by rule, and specific local performance measures, if applicable;
     (q) The ability to track and report on outcomes related to the mandatory homeless housing grant program performance measures and other defined local performance measures;
     (r) The cooperation of the local government in the annual Washington homeless census project;
     (s) The commitment of the local government and any subcontracting local governments, nonprofit organizations, and for-profit entities to employ a diverse work force and pay the Washington housing wage; and
     (t) Other elements shown by the applicant to be directly related to the goal and the department's state strategic plan.

NEW SECTION.  Sec. 10   The department will develop a consistent statewide data gathering instrument to monitor the performance of grant recipients in order to determine compliance with the terms and conditions set forth in the grant application or required by the department. The data gathering instrument shall allow the governor, legislature, and other decision makers to monitor the progress of the state and local governments in accomplishing the goals of this chapter.

NEW SECTION.  Sec. 11   The department will provide technical assistance to any county, or other participating local government entity, which requests such assistance. Technical assistance activities may include:
     (1) Assisting local governments to identify appropriate parties to participate on local homeless housing advisory councils;
     (2) Assisting local governments to identify appropriate service providers with which the local governments may subcontract for service provision and development activities, when necessary;
     (3) Assisting local governments to implement or expand homeless census programs to meet homeless housing program requirements;
     (4) Assisting in the identification of "best practices" from other areas; and
     (5) Assisting in identifying additional funding sources for specific projects.

NEW SECTION.  Sec. 12   Six months after the first Washington homeless census, the department shall prepare and present a ten-year homeless housing program strategic plan which will outline statewide goals and performance measures. This plan shall be updated annually and will be annually reviewed and approved by the governor. The department's updated plans will subsequently be released each June. Local governments will base their local ten-year homeless housing strategic plans upon the goals and program recommendations of the state plan.
     Mandatory homeless housing program performance measures are defined in statute within this section. Additional mandatory performance measures may be created by the department by rule. These mandatory performance measures must be reflected in the department's homeless housing strategic plan as well as in local strategic plans.
     The department shall issue by rule mandatory homeless housing program performance measures that shall apply to both the department for statewide outcomes and local governments for local outcomes. The performance measures may consist of, but are not limited to, the following:
     (1) By the end of year one a comprehensive census shall be finalized and will report on all homeless individuals in the state of Washington;
     (2) By the end of year two, all individuals classified as homeless in the first Washington homeless census will be housed in at least temporary housing, which could include emergency shelters or other indoor facilities;
     (3) By the end of year four, twenty-five percent of all individuals classified as homeless in all Washington homeless census counts since the effective date of this act will be housed in long-term private or public housing;
     (4) By the end of year six, fifty percent of all individuals classified as homeless in all Washington homeless census counts since the effective date of this act will be housed in long-term private or public housing;
     (5) By the end of year eight, seventy-five percent of all individuals classified as homeless in all Washington homeless census counts since the effective date of this act will be housed in long-term private or public housing; and
     (6) By the end of year ten, and in each subsequent year, one hundred percent of all individuals classified as homeless in all Washington homeless census counts since the effective date of this act will be housed in long-term private or public housing.
     The department shall report annually to the governor and the appropriate committees of the legislature an assessment of its performance in addressing the statewide homeless problem, and the performance of each county, and other participating local government entities, in addressing local homeless housing issues.

NEW SECTION.  Sec. 13   The department shall establish a uniform process for each county, and any other participating local government, to report progress toward meeting goals relative to the mandatory performance outcomes. At a minimum, progress towards goals and goals achieved will be reported by each county, or other local government entity, in its annual updated homeless housing strategic plan.
     Each county, or other local government, shall prepare and present a ten-year homeless housing plan for its jurisdictional area which will be based upon the department's statewide ten-year plan. This local plan shall be updated annually and submitted to the department for approval. Local plans will be submitted to the department each August for review and will be available to the public each October. All local plans will include the mandatory homeless housing program performance measures as provided in this chapter, additional performance measures created by rule by the department, and may include specific local performance measures determined by the local homeless housing advisory councils.

NEW SECTION.  Sec. 14   The department shall issue rules related to the interpretation and appropriate reporting of mandatory performance measures detailed in this chapter, including rules regarding how a homeless person's refusal to accept an offer of housing is to be recorded and reported.

NEW SECTION.  Sec. 15   The department will annually conduct a Washington homeless census. The census will count all homeless individuals living outdoors, in shelters, and in transitional housing. The department will collaborate with existing local homeless census projects where they exist. The department will work with local governments and community organizations to implement census projects in areas of the state not currently conducting an annual census.
     All homeless census projects shall make every effort to collect basic demographic information on each homeless individual, to include:
     (1) Name;
     (2) Gender;
     (3) Birth date;
     (4) Family status and next of kin notification information;
     (5) Health and disability status;
     (6) Veteran status;
     (7) Current housing situation;
     (8) Current location and contact information;
     (9) Government subsidies currently being accessed;
     (10) Substance abuse issues;
     (11) Employment status;
     (12) Annual income;
     (13) Last address;
     (14) Self-declared reason for homelessness;
     (15) Education and training status;
     (16) Additional information as determined by the department by rule; and
     (17) Additional information of interest to the local community.
     The Washington homeless census will be conducted annually during the month of January to coordinate with already existing homeless census projects funded in part by the United States department of housing and urban development, under the McKinney-Vento homeless assistance program. Census projects may be eligible for additional funding from the homeless housing grant program to improve the collection and reporting of data in order to fulfill the additional data collection requirements of the homeless housing program.
     The department shall create a uniform method, as part of its homeless management information system, created under RCW 43.63A.655, by which individual county and city homeless census projects will submit their data for statewide tabulation, analysis, and reporting. The department shall make the annual statewide Washington homeless census data available to the public by March of each year. This data, and its analysis, will be included in the department's annual updated homeless housing program strategic plan. Local governments will utilize the data to update their local strategic plans.

NEW SECTION.  Sec. 16   The department shall have the authority to issue rules regarding the grant process, and the substance of eligible programs and projects, consistent with this chapter. The department shall consider the recommendations of the affordable housing advisory board, local governments, and local homeless housing advisory councils regarding how funds shall be used in their geographic areas.

NEW SECTION.  Sec. 17   The affordable housing advisory board established in RCW 43.185B.020 shall advise the director on homeless housing needs in this state, operational aspects of the grant program and revenue collection program established by this chapter, and implementation of the policy and goals of this chapter.

NEW SECTION.  Sec. 18   The department shall issue rules to ensure that the state's interest will be protected upon the development, use, sale, or change of use of projects constructed, acquired, or financed in whole or in part through the homeless housing grant program. These policies may include, but are not limited to: (1) Requiring a share of the appreciation in the project in proportion to the state's contribution to the project, or (2) requiring a lump sum repayment of the grant upon the sale or change of use of the project.

NEW SECTION.  Sec. 19   A new section is added to chapter 36.22 RCW to read as follows:
     (1) Except as provided in subsection (2) of this section, a surcharge of ten dollars shall be charged by the county auditor for each document recorded, which will be in addition to any other charge allowed by law. The funds collected pursuant to this section are to be distributed and used as follows:
     (a) The auditor shall remit sixty percent to the county to be used by the county, and any cities operating separate programs within the county, for administrative costs and programs which directly accomplish the goals of the local government's strategic plan to end homelessness.
     (b) The auditor shall remit forty percent to the department of community, trade, and economic development, one-eighth of which may be used by the department for administration of the program established in section 3 of this act. The remaining seven-eighths is to be distributed by the department of community, trade, and economic development through the homeless housing grant program.
     (2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.

Sec. 20   RCW 36.18.010 and 2002 c 294 s 3 are each amended to read as follows:
     County auditors or recording officers shall collect the following fees for their official services:
     For recording instruments, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar. The fee for recording multiple transactions contained in one instrument will be calculated for each transaction requiring separate indexing as required under RCW 65.04.050 as follows: The fee for each title or transaction is the same fee as the first page of any additional recorded document; the fee for additional pages is the same fee as for any additional pages for any recorded document; the fee for the additional pages may be collected only once and may not be collected for each title or transaction;
     For preparing and certifying copies, for the first page eight and one-half by fourteen inches or less, three dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;
     For preparing noncertified copies, for each page eight and one-half by fourteen inches or less, one dollar;
     For administering an oath or taking an affidavit, with or without seal, two dollars;
     For issuing a marriage license, eight dollars, (this fee includes taking necessary affidavits, filing returns, indexing, and transmittal of a record of the marriage to the state registrar of vital statistics) plus an additional five-dollar fee for use and support of the prevention of child abuse and neglect activities to be transmitted monthly to the state treasurer and deposited in the state general fund plus an additional ten-dollar fee to be transmitted monthly to the state treasurer and deposited in the state general fund. The legislature intends to appropriate an amount at least equal to the revenue generated by this fee for the purposes of the displaced homemaker act, chapter 28B.04 RCW;
     For searching records per hour, eight dollars;
     For recording plats, fifty cents for each lot except cemetery plats for which the charge shall be twenty-five cents per lot; also one dollar for each acknowledgment, dedication, and description: PROVIDED, That there shall be a minimum fee of twenty-five dollars per plat;
     For recording of miscellaneous records not listed above, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page eight and one-half by fourteen inches or less, one dollar;
     For modernization and improvement of the recording and indexing system, a surcharge as provided in RCW 36.22.170((.));
     For recording an emergency nonstandard document as provided in RCW 65.04.047, fifty dollars, in addition to all other applicable recording fees((.));
     For recording instruments, a surcharge as provided in RCW 36.22.178;
     For recording instruments, a surcharge as provided in section 19 of this act.

NEW SECTION.  Sec. 21   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 22   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION.  Sec. 23   This act takes effect August 1, 2005.

NEW SECTION.  Sec. 24   Sections 1 through 18 and 21 through 23 of this act constitute a new chapter in Title 43 RCW.