BILL REQ. #: H-0057.2
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/14/09. Referred to Committee on Local Government & Housing.
AN ACT Relating to providing affordable housing for all; amending RCW 43.185B.040, 36.22.178, 43.185A.100, 43.185C.005, 43.185C.010, 43.185C.020, 43.185C.040, 43.185C.050, 43.185C.070, 43.185C.080, 43.185C.090, 43.185C.100, 43.185C.130, 43.185C.160, 43.185C.900, 36.22.179, 36.22.1791, 43.185C.170, 43.185C.180, 43.185B.030, 43.20A.790, and 43.185C.150; reenacting and amending RCW 43.185.070; adding new sections to chapter 43.185C RCW; adding a new chapter to Title 43 RCW; creating new sections; and recodifying RCW 36.22.179, 36.22.1791, 43.20A.790, 43.63A.650, 36.22.178, 43.185A.100, and 43.185B.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that there is a
large, unmet need for affordable housing and affordable housing
assistance in the state of Washington, causing many low-income
individuals and families to be at risk of homelessness. The
legislature declares that a decent and affordable home in a healthy,
safe environment for all economic segments in the state by 2020 should
be a state goal. Furthermore, this goal includes increasing the
percentage of low-income households who are ultimately able to obtain
and retain housing without government subsidies or other public
support.
(2) The legislature finds that the state should provide financial
resources as well as case management to help individuals and families
at risk of homelessness obtain and retain housing and work towards a
goal of self-sufficiency where possible.
(3) The legislature finds that there are many root causes of the
affordable housing shortage and declares that it is critical that such
causes be analyzed, effective solutions be developed, implemented,
monitored, and evaluated, and that these causal factors be eliminated.
The legislature also finds that there is a taxpayer and societal cost
associated with a lack of jobs that pay self-sufficiency standard wages
and a shortage of affordable housing, and that the state must identify
and quantify that cost.
(4) The legislature finds that the support and commitment of all
sectors of the statewide community is critical to accomplishing the
state's affordable housing for all goal. The legislature finds that
the provision of housing and housing-related services should be
administered both at the state level and at the local level. However,
the state should play a primary role in: Providing financial resources
to achieve the goal at all levels of government; researching,
evaluating, benchmarking, and implementing best practices; continually
updating and evaluating statewide housing data; developing a state plan
that integrates the strategies, goals, objectives, and performance
measures of all other state housing plans and programs; coordinating
and supporting county government plans and activities; and directing
quality management practices by monitoring both state and county
government performance towards achieving interim and ultimate goals.
(5) The legislature declares that the systematic and comprehensive
performance measurement and evaluation of progress toward interim goals
and the immediate state affordable housing goal of a decent and
affordable home in a healthy, safe environment for all economic
segments in the state by 2020 is a necessary component of the statewide
effort to end the affordable housing crisis.
NEW SECTION. Sec. 2 This chapter may be known and cited as the
Washington affordable housing for all act.
NEW SECTION. Sec. 3 There is created within the department the
state affordable housing for all program. The goal of the program is
a decent and affordable home in a healthy, safe environment for all
economic segments in the state by 2020. Additional goals include:
Increasing the percentage of households of all economic segments in the
state who are self-sufficient as defined by the department according to
the self-sufficiency income standard determined under section 30 of
this act; and keeping the rising price of housing for all economic
segments to a rate less than that of the growth in wages for each
economic segment. The department shall develop appropriate performance
measures for all goals. The department shall develop, by county for
each economic segment, the quantity and dollar price of housing needed
and administer the affordable housing for all program. Each county
shall participate in the affordable housing for all program except as
provided in section 8 of this act; however, in the development and
implementation of the program scope and requirements at the county
level, the department shall consider: The funding level to counties,
number of county staff available to implement the program, and
competency of each county to meet the goals of the program; and
establish program guidelines, performance measures, and reporting
requirements appropriate to the existing capacity of the participating
counties.
NEW SECTION. Sec. 4 Unless the context clearly requires
otherwise, the definitions in this section apply throughout this
chapter.
(1) "Affordable housing" means housing that has a sales price or
rental amount that is within the means of households of all economic
segments. The department shall adopt policies for residential rental
and homeownership housing occupied by extremely low, very low, and low-income households, and for each wage decile by county, that specify the
percentage of household income that may be spent on monthly housing
costs, including utilities other than telephone, to qualify as
affordable housing.
(2) "Affordable housing for all program" means the program
authorized under this chapter, as administered by the department at the
state level and by each county at the local level.
(3) "At risk of homelessness" means any low, very low, or extremely
low-income individual or family residing in housing that is not
affordable housing.
(4) "County" means a county government in the state of Washington
or, except under RCW 36.22.178 (as recodified by this act), a city
government or collaborative of city governments within that county if
(a) the county government declines to participate in the affordable
housing program and (b) as described under section 8 of this act, a
city or collaborative of city governments elects to participate in the
program.
(5) "County affordable housing for all plan" or "county plan" means
the plan developed by each county with the goal of ensuring that
households of all economic segments in the county have a decent and
affordable home in a healthy, safe environment by 2020.
(6) "County affordable housing task force" means a county
committee, as described in section 6 of this act, created to prepare
and recommend to its county legislative authority a county affordable
housing for all plan, and also to recommend expenditures of the funds
from the affordable housing for all program surcharge in RCW 36.22.178
(as recodified by this act) and all other sources directed to the
county's affordable housing for all program.
(7) "Department" means the department of community, trade, and
economic development.
(8) "Director" means the director of the department of community,
trade, and economic development.
(9) "Economic segments" means segments of the population divided by
wage deciles.
(10) "Eligible organizations" means eligible organizations as
described in RCW 43.185.060.
(11) "Extremely low-income household" means a single person,
family, or unrelated persons living together whose adjusted income is
less than thirty percent of the median family income, adjusted for
household size for the county where the project is located.
(12) "Household" means a single person, family, or unrelated
persons living together.
(13) "Housing authority" means any of the public corporations
created in RCW 35.82.030.
(14) "Local government" means a county or city government in the
state of Washington or, except under RCW 36.22.178 (as recodified by
this act), a city government or collaborative of city governments
within that county if (a) the county government declines to participate
in the affordable housing program and (b) as described under section 8
of this act, a city or collaborative of city governments elects to
participate in the program.
(15) "Low-income household," for the purposes of the affordable
housing for all program, means a single person, family, or unrelated
persons living together whose adjusted income is less than eighty
percent of the median household income, adjusted for household size for
the county where the project is located.
(16) "Nonprofit organization" means any public or private nonprofit
organization that: (a) Is organized under federal, state, or local
laws; (b) has no part of its net earnings inuring to the benefit of any
member, founder, contributor, or individual; and (c) has among its
purposes, significant activities related to the provision of decent
housing that is affordable to extremely low-income, very low-income,
low-income, or moderate-income households and special needs
populations.
(17) "Performance evaluation" means the process of evaluating
performance by established objective, measurable criteria according to
the achievement of outlined goals, measures, targets, standards, or
other outcomes using a ranked scorecard from highest to lowest
performance that employs a scale of one to one hundred, one hundred
being the optimal score.
(18) "Performance measurement" means the process of comparing
specific measures of success with ultimate and interim goals.
(19) "Quality management program" means a nationally recognized
program using criteria similar or equivalent to the Baldridge criteria.
All local governments receiving over five hundred thousand dollars a
year during the previous calendar year from: State housing-related
funding sources, including the Washington housing trust fund; the
ending homelessness program surcharges in RCW 36.22.179 and 36.22.1791
(as recodified by this act); and any surcharges in chapter 43.185C RCW
and the surcharges in RCW 36.22.178 (as recodified by this act), shall
apply to the Washington state quality award program for an independent
assessment of its quality management, accountability, and performance
system, once every three years beginning by January 1, 2011.
(20) "State affordable housing for all plan" or "state plan" means
the plan developed by the department in collaboration with the
affordable housing advisory board with the goal of ensuring that all
economic segments in Washington have a decent and affordable home in a
healthy, safe environment by 2020.
(21) "Very low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is less than
fifty percent of the median family income, adjusted for household size
for the county where the project is located.
Sec. 5 RCW 43.185B.040 and 1993 c 478 s 12 are each amended to
read as follows:
(1) The department shall, in consultation with the affordable
housing advisory board created in RCW 43.185B.020, prepare and ((from
time to time amend a five-year)) annually update a state affordable
housing ((advisory)) for all plan with an ultimate goal of achieving a
decent and affordable home in a healthy, safe environment for all
economic segments by decile by county in the state by 2020. The state
plan must also incorporate the strategies, objectives, goals, and
performance measures of all other housing-related state plans,
including the state homeless housing strategic plan required under RCW
43.185C.040 and all state housing programs. The state affordable
housing for all plan may be combined with the state homeless housing
strategic plan required under RCW 43.185C.040 or any other existing
state housing plan as long as the requirements of all of the plans to
be merged are met. The state plan must discuss linkages to all other
department programs, including programs related to local government,
community services, and economic development initiatives.
(2) The purpose of the state affordable housing for all plan is to:
(a) Document each year the quantity and price per month need for
affordable housing for each local jurisdiction by economic segment in
the state and the extent to which that need is being met through public
and private sector ((programs, to)) housing efforts;
(b) Outline the development of sound strategies and programs to
provide affordable housing to all economic segments in the state by
2020;
(c) Measure the success of moving people in all government
supported housing programs to self-sufficiency;
(d) Measure the cost-efficiency of government supported housing
programs, including the documentation of the state and local cost per
unit of housing with a goal of reducing the state subsidized portion to
the greatest extent possible;
(e) Establish, evaluate, and report upon performance measures,
goals, and timelines that are determined by the department for the
affordable housing for all program and the state and local affordable
housing for all plans, as well as for all federal, state, and local
housing programs and plans operated or coordinated by the department,
including: (i) Federal block grant programs; (ii) the Washington
housing trust fund; and (iii) all local surcharge funds collected with
the purpose of addressing homelessness and affordable housing; and
(f) Facilitate state and county government planning to meet the
state affordable housing ((needs of the state, and to enable the
development of sound strategies and programs for affordable housing))
for all goal.
((The information in the five-year housing advisory plan must
include:)) (3)(a) The department, in consultation with the affordable
housing advisory board, shall develop recommendations for affordable
housing for all program performance measures, short-term and long-term
goals, and timelines, as well as information to be collected, analyzed,
and reported upon in the state and local affordable housing for all
plans. One performance measure must address the program's
effectiveness in achieving the ultimate goal of a decent and affordable
home in a healthy, safe environment for all economic segments in the
state by 2020. A second specific performance measure must be to ensure
that the rate of growth in the overall price of housing for each
economic segment is less than that of the overall growth in wages for
each economic segment. A third specific performance measure must
address the existence and effectiveness of linkages and coordination
between the department's housing programs and other department
programs, including programs related to local government, community
services, and economic development initiatives. The department shall
present its recommendations for additional performance measures to the
appropriate committees of the legislature by December 31, 2009.
(a) An assessment of the state's housing market trends;
(b) An assessment of the housing needs for all economic segments of
the state and special needs populations;
(c) An inventory of the supply and geographic distribution of
affordable housing units made available through public and private
sector programs;
(d) A status report on the degree of progress made by the public
and private sector toward meeting the housing needs of the state;
(e) An identification of state and local regulatory barriers to
affordable housing and proposed regulatory and administrative
techniques designed to remove barriers to the development and placement
of affordable housing; and
(f) Specific recommendations, policies, or proposals for meeting
the affordable housing needs of the state.
(2)
(b) Performance measures and other required plan components must be
reviewed annually by the department after soliciting feedback from the
affordable housing advisory board, appropriate committees of the
legislature, and all county affordable housing for all task forces.
(c) The department may determine a timeline to implement and
measure each performance measure for the state and county affordable
housing for all programs, except that the state and all counties
participating in the affordable housing for all program must implement
and respond to all performance measures by January 1, 2012, unless the
department determines that a performance measure is not applicable to
a specific county based on parameters and thresholds established by the
department.
(4) The ((five-year)) state affordable housing ((advisory)) for all
plan required under ((subsection (1) of)) this section must be
submitted to the appropriate committees of the legislature on or before
((February 1, 1994)) January 15, 2011, and subsequent updated plans
must be submitted ((every five years)) by January 15th each year
thereafter.
(((b) Each February 1st, beginning February 1, 1995, the department
shall submit an annual progress report, to the legislature, detailing
the extent to which the state's affordable housing needs were met
during the preceding year and recommendations for meeting those needs))
(5) To guide counties in preparation of their county affordable
housing for all plans required under section 7 of this act, the
department shall issue, by December 31, 2010, guidelines for preparing
county plans consistent with this chapter. County plans must include,
at a minimum, the same information reporting and analysis on a local
level and the same performance measures as the state plan.
(6) Each year, beginning in 2011, the department shall:
(a) Summarize key information from county plans, including a
summary of local city and county housing program activities and a
summary of legislative recommendations;
(b) Conduct annual performance evaluations of county plans; and
(c) Conduct annual performance evaluations of all counties
according to their performance in achieving affordable housing goals
stated in their county plans.
(7) The department shall include a summary of county affordable
housing for all plans and the results of performance evaluations in the
state affordable housing for all plan beginning in 2011.
(8) Based on changes to the general population and in the housing
market, the department may revise the performance measures and goals of
the state affordable housing for all plan and set goals for years
following December 31, 2020.
NEW SECTION. Sec. 6 Each county shall convene a county
affordable housing task force. The task force must be a committee,
made up of volunteers, created to prepare and recommend to the county
legislative authority a county affordable housing for all plan and also
to recommend appropriate expenditures of the affordable housing for all
program funds provided for in RCW 36.22.178 (as recodified by this act)
and any other sources directed to the county program. The county
affordable housing task force must include a representative of the
county, a representative from the city with the highest population in
the county, a representative from all other cities in the county with
a population greater than fifty thousand, a member representing
beneficiaries of affordable housing programs, other members as may be
required to maintain eligibility for federal funding related to housing
programs and services, and a representative from both a private
nonprofit organization and a private for-profit organization with
experience in very low-income housing. The task force may be the same
as the homeless housing task force created in RCW 43.185C.160 or the
same as another existing task force or other formal committee that
meets the requirements of this section.
NEW SECTION. Sec. 7 (1) Except as provided in section 8 of this
act, each county shall direct its affordable housing task force to
prepare and recommend to its county legislative authority a county
affordable housing for all plan for its jurisdictional area. Each
county shall adopt a county plan by June 30, 2011, and update the plan
annually by June 30th thereafter. All county plans must be forwarded
to the department by the date of adoption. County affordable housing
for all plans may be combined with the local homeless housing plans
required under RCW 43.185C.040, county comprehensive plans required
under RCW 36.70A.040, or any other existing plan addressing housing
within a county as long as the requirements of all of the plans to be
merged are met. For counties required or choosing to plan under RCW
36.70A.040, county affordable housing for all plans must be consistent
with the housing elements of comprehensive plans described in RCW
36.70A.070(2). County plans must also be consistent with any existing
local homeless housing plan required in RCW 43.185C.050. County plans
must include a discussion of the effectiveness of linkages and
coordination with county or regional community services and economic
development plans.
(2) County affordable housing for all plans must be primarily
focused on (a) ensuring that households of all economic segments,
including those households at risk of homelessness, in the county
jurisdictional area have a decent and affordable home in a healthy,
safe environment by 2020 with a priority placed on achieving this goal
for low-income households and (b) increasing the percentage of
households who ultimately are able to access affordable housing without
government assistance. County affordable housing for all plans must
include:
(i) At a minimum, the same information, analysis, and performance
measures as the state affordable housing for all plan, including
information and performance measurement data, where available, on state
supported housing programs and all city and county housing programs,
including local housing-related levy initiatives, housing-related tax
exemption programs, and federally funded programs operated or
coordinated by local governments;
(ii) Timelines for the accomplishment of interim goals and targets,
and for the acquisition of projected financing that is appropriate for
outlined goals and targets;
(iii) An identification of challenges to reaching the affordable
housing for all goal;
(iv) A total estimated amount of funds needed to reach the local
affordable housing for all goal and an identification of potential
funding sources; and
(v) State legislative recommendations to enable the county to
achieve its affordable housing for all goals. Legislative
recommendations must be specific and, if necessary, include an
estimated amount of funding required and suggestions of an appropriate
funding source.
NEW SECTION. Sec. 8 (1) Any county may decline to participate in
the affordable housing for all program authorized in this chapter by
forwarding to the department a resolution adopted by the county
legislative authority stating the intention not to participate. A copy
of the resolution must also be transmitted to the county auditor and
treasurer. Counties that decline to participate shall not be required
to establish an affordable housing task force or to create a county
affordable housing for all plan. Counties declining to participate in
the affordable housing for all program shall continue to collect and
utilize the affordable housing for all surcharge for the purposes
described in RCW 36.22.178 (as recodified by this act); however, such
counties shall not be allocated any additional affordable housing for
all program funding that is specifically provided for program planning,
implementation, performance and quality management, and administrative
purposes. Counties may opt back into the affordable housing for all
program authorized by this chapter at a later date through a process
and timeline to be determined by the department.
(2) If a county declines to participate in the affordable housing
for all program authorized in this chapter, a city or formally
organized collaborative of cities within that county may forward a
resolution to the department stating its intention and willingness to
operate an affordable housing for all program within its jurisdictional
limits. The department must establish procedures to choose amongst
cities or collaboratives of cities in the event that more than one city
or collaborative of cities express an interest in participating in the
program. Participating cities or collaboratives of cities must fulfill
the same requirements as counties participating in the affordable
housing for all program.
NEW SECTION. Sec. 9 A county may subcontract with any other
county, city, town, housing authority, community action agency, or
other nonprofit organization for the execution of programs contributing
to the affordable housing for all goal. All subcontracts must be:
Consistent with the county affordable housing for all plan adopted by
the legislative authority of the county; time limited; and filed with
the department, and must have specific performance terms as specified
by the county. County governments must strongly encourage each
subcontractor under the affordable housing for all program to apply to
the Washington state quality award program for an independent
assessment of its quality management, accountability, and performance
system. This authority to subcontract with other entities does not
affect participating counties' ultimate responsibility for meeting the
requirements of the affordable housing for all program.
Sec. 10 RCW 36.22.178 and 2007 c 427 s 1 are each amended to read
as follows:
The surcharge provided for in this section shall be named the
affordable housing for all surcharge.
(1) Except as provided in subsection (3) of this section, a
surcharge of ten dollars per instrument shall be charged by the county
auditor for each document recorded, which will be in addition to any
other charge authorized by law. The county may retain up to five
percent of these funds collected solely for the collection,
administration, and local distribution of these funds. Of the
remaining funds, forty percent of the revenue generated through this
surcharge will be transmitted monthly to the state treasurer who will
deposit the funds into the affordable housing for all account created
in RCW 43.185C.190. The department of community, trade, and economic
development must use these funds to provide housing and shelter for
extremely low-income households, including but not limited to grants
for building operation and maintenance costs of housing projects or
units within housing projects that are affordable to extremely low-
income households with incomes at or below thirty percent of the area
median income, and that require a supplement to rent income to cover
ongoing operating expenses.
(2) All of the remaining funds generated by this surcharge will be
retained by the county and be deposited into a fund that must be used
by the county and its cities and towns for eligible housing activities
as described in this subsection that serve very low-income households
with incomes at or below fifty percent of the area median income. The
portion of the surcharge retained by a county shall be allocated to
eligible housing activities that serve extremely low and very low-income households in the county and the cities within a county
according to an interlocal agreement between the county and the cities
within the county consistent with countywide and local housing needs
and policies. A priority must be given to eligible housing activities
that serve extremely low-income households with incomes at or below
thirty percent of the area median income. Eligible housing activities
to be funded by these county funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing
projects or units within housing projects that are affordable to very
low-income households with incomes at or below fifty percent of the
area median income, including units for homeownership, rental units,
seasonal and permanent farm worker housing units, and single room
occupancy units;
(b) Supporting building operation and maintenance costs of housing
projects or units within housing projects eligible to receive housing
trust funds, that are affordable to very low-income households with
incomes at or below fifty percent of the area median income, and that
require a supplement to rent income to cover ongoing operating
expenses;
(c) Rental assistance vouchers for housing units that are
affordable to very low-income households with incomes at or below fifty
percent of the area median income, to be administered by a local public
housing authority or other local organization that has an existing
rental assistance voucher program, consistent with or similar to the
United States department of housing and urban development's section 8
rental assistance voucher program standards; and
(d) Operating costs for emergency shelters and licensed overnight
youth shelters.
(3) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
(4) All counties shall report at least annually by May 1st upon
receipts and expenditures of the affordable housing for all surcharge
funds created in this section to the department. The department may
require more frequent reports. The report must include the amount of
funding generated by the surcharge, the total amount of funding
distributed to date, the amount of funding allocated to each eligible
housing activity, a description of each eligible housing activity
funded, including information on the income or wage level and numbers
of extremely low, very low, and low-income households the eligible
housing activity is intended to serve, and the outcome or anticipated
outcome of each eligible housing activity.
NEW SECTION. Sec. 11 This chapter does not require either the
department or any local government to expend any funds to accomplish
the goals of this chapter other than the revenues authorized in this
act and other revenue that may be appropriated by the legislature for
these purposes. However, neither the department nor any local
government may use any funds authorized in this act to supplant or
reduce any existing expenditures of public money to address the
affordable housing shortage.
Sec. 12 RCW 43.185A.100 and 2006 c 349 s 11 are each amended to
read as follows:
The department((,)) shall collaborate with the housing finance
commission, the affordable housing advisory board, and all local
governments, housing authorities, and other ((nonprofits)) eligible
organizations receiving state housing funds, affordable housing for all
funds, home security funds, or financing through the housing finance
commission ((shall, by December 31, 2006, and annually thereafter,
review current housing reporting requirements related to housing
programs and services and give)) to include in the state affordable
housing for all plan, by December 31, 2010, recommendations, where
possible:
(1) To streamline and simplify all housing planning, application,
and reporting requirements ((to the department of community, trade, and
economic development, which will compile and present the
recommendations annually to the legislature. The entities listed in
this section shall also give recommendations for additional)); and
(2) For legislative actions that could promote the affordable
housing for all goal and the state goal to end homelessness.
Sec. 13 RCW 43.185.070 and 2005 c 518 s 1802 and 2005 c 219 s 2
are each reenacted and amended to read as follows:
(1) During each calendar year in which funds from the housing trust
fund or other legislative appropriations are available for use by the
department for the housing assistance program, the department shall
announce to all known interested parties, and through major media
throughout the state, a grant and loan application period of at least
ninety days' duration. This announcement shall 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. Administrative costs paid out of the housing trust fund
may not exceed five percent of annual revenues available for
distribution to housing trust fund projects. In awarding funds under
this chapter, the department shall provide for a geographic
distribution on a statewide basis.
(2) The department shall give first priority to applications for
projects and activities which utilize existing privately owned housing
stock including privately owned housing stock purchased by nonprofit
public development authorities and public housing authorities as
created in chapter 35.82 RCW. As used in this subsection, privately
owned housing stock includes housing that is acquired by a federal
agency through a default on the mortgage by the private owner. Such
projects and activities shall be evaluated under subsection (3) of this
section. Second priority shall be given to activities and projects
which utilize existing publicly owned housing stock. All projects and
activities shall be evaluated by some or all of the criteria under
subsection (3) of this section, and similar projects and activities
shall be evaluated under the same criteria.
(3) The department shall give preference for applications based on
some or all of the criteria under this subsection, and similar projects
and activities shall be evaluated under the same criteria:
(a) The degree of leveraging of other funds that will occur;
(b) The degree of commitment from programs to provide necessary
habilitation and support services for projects focusing on special
needs populations;
(c) Recipient contributions to total project costs, including
allied contributions from other sources such as professional, craft and
trade services, and lender interest rate subsidies;
(d) Local government project contributions in the form of
infrastructure improvements, and others;
(e) Projects that encourage ownership, management, and other
project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of serving the
original target group or income level for a period of at least twenty-five years;
(g) The applicant has the demonstrated ability, stability and
resources to implement the project;
(h) The applicant has committed to quality improvement and
submitted an application to the Washington state quality award program
for an independent assessment of its quality management,
accountability, and performance system within the previous three years;
(i) Projects which demonstrate serving the greatest need;
(((i))) (j) Projects that provide housing for persons and families
with the lowest incomes;
(((j))) (k) Projects that provide housing for persons at risk of
homelessness;
(l) Projects serving special needs populations which are under
statutory mandate to develop community housing;
(((k))) (m) Project location and access to employment centers in
the region or area;
(((l))) (n) Projects that provide employment and training
opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in RCW 50.72.020; and
(((m))) (o) Project location and access to available public
transportation services.
(4) The department shall only approve applications for projects for
((mentally ill)) persons with mental illness that are consistent with
a regional support network six-year capital and operating plan.
Sec. 14 RCW 43.185C.005 and 2005 c 484 s 1 are each amended to
read as follows:
Despite laudable efforts by all levels of government, private
individuals, nonprofit organizations, and charitable foundations to end
homelessness, the number of homeless persons and persons at risk of
homelessness in Washington is unacceptably high. The state's homeless
population, furthermore, includes a large number of families with
children, youth, and employed persons. The legislature finds that the
fiscal and societal costs of homelessness are high for both the public
and private sectors, and that ending homelessness ((should)) must be a
goal for state and local government.
The legislature finds that there are many causes of homelessness,
including: A shortage of affordable housing; 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;
domestic violence; ((and)) a lack of education and job skills necessary
to acquire adequate wage jobs in the economy of the twenty-first
century; inadequate availability of services for citizens with mental
disorders, chemical dependency disorders, or developmental disabilities
living in the community; and the difficulties faced by formerly
institutionalized persons in reintegrating to society and finding
stable employment and housing.
The support and commitment of all sectors of the statewide
community is critical to the chances of success in ending homelessness
in Washington. 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 also recognizes
the need for the state to play a primary coordinating, supporting,
((and)) monitoring, and evaluating role. There must be a clear
assignment of responsibilities and a clear statement of achievable and
quantifiable goals. Systematic statewide data collection on
((homelessness)) homeless individuals in Washington must be a critical
component of such a program enabling the state to work with local
governments not only to count all homeless people in the state, but to
record and manage information about homeless persons ((and)) in order
to assist them in finding housing and other supportive services that
can help them, when possible, achieve the highest degree of self-sufficiency and economic independence that is appropriate given their
specific abilities and situations.
The systematic collection and rigorous evaluation of homeless data,
a nationwide search for and implementation through adequate resource
allocation of best practices, and the systematic measurement of
progress toward interim goals and the ultimate goal of ending
homelessness are all necessary components of a statewide effort to end
homelessness in Washington by ((July 1, 2015)) December 31, 2019.
Sec. 15 RCW 43.185C.010 and 2007 c 427 s 3 are each amended to
read as follows:
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 outside or in a
building not meant for human habitation or which they have no legal
right to occupy, in an emergency shelter, or in a temporary housing
program which may include a transitional and supportive housing program
if habitation time limits exist. This definition includes substance
abusers, people with mental illness, and sex offenders who are
homeless.
(4) "Washington homeless census" or "census" means ((an annual)) a
statewide census conducted at least annually 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)) information about all
homeless individuals in Washington.
(5) "Home security fund account" means the state treasury account
receiving the state's portion of income from revenue from the sources
established by RCW 36.22.179 (as recodified by this act), RCW
36.22.1791 (as recodified by this act), and all other sources directed
to the homeless housing and assistance program.
(6) "((Homeless housing)) Ending homelessness grant program" means
the ((vehicle by)) program established in RCW 43.185C.070, 43.185C.080,
and 43.185C.090 under which competitive grants are awarded by the
department, utilizing moneys from the ((homeless housing)) home
security fund account, to local governments for programs directly
related to ((housing homeless individuals and families,)) addressing
the root causes of homelessness, preventing homelessness, collecting
data and information on homeless individuals, and ((other efforts
directly related to housing homeless persons)) implementing quality
management programs.
(7) "Local government" means a county government in the state of
Washington or a city government, if the legislative authority of the
city affirmatively elects to accept the responsibility for housing
homeless persons within its ((borders)) jurisdiction.
(8) "Housing continuum" means the progression of individuals along
a housing-focused continuum with homelessness at one end and
homeownership at the other.
(9) "Local ((homeless housing)) ending homelessness task force"
means a voluntary local committee created under RCW 43.185C.160 to
((advise a local government on the creation of)) develop a local
((homeless housing)) ending homelessness plan and participate in a
local ((homeless housing)) ending homelessness program. ((It must
include a representative of the county, a representative of the largest
city located within the county, at least one homeless or formerly
homeless person, such other members as may be required to maintain
eligibility for federal funding related to housing programs and
services and if feasible, a representative of a private nonprofit
organization with experience in low-income housing.))
(10) "Long-term private or public housing" means subsidized and
unsubsidized rental or owner-occupied housing in which there is no
established time limit for habitation of less than two years.
(11) "Interagency council on homelessness" means a committee
appointed by the governor and consisting of, at least, policy level
representatives of the following entities: (a) The department of
community, trade, and economic development; (b) the department of
corrections; (c) the department of social and health services; (d) the
department of veterans affairs; and (e) the department of health.
(12) "Performance measurement" means the process of comparing
specific measures of success against ultimate and interim goals.
(13) "Performance evaluation" means the process of evaluating
performance by established objective, measurable criteria according to
the achievement of outlined goals, measures, targets, standards, or
other outcomes, using a ranked scorecard from highest to lowest
performance that employs a scale of one to one hundred, one hundred
being the optimal score.
(14) "Quality management program" means a nationally recognized
program using criteria similar or equivalent to the Baldridge criteria.
All local governments receiving over five hundred thousand dollars a
year during the previous calendar year from: State housing-related
funding sources, including the Washington housing trust fund; the
ending homelessness program surcharges in RCW 36.22.179 and 36.22.1791
(as recodified by this act); and any surcharges in this chapter and the
surcharges in RCW 36.22.178 (as recodified by this act), shall apply to
the Washington state quality award program for an independent
assessment of its quality management, accountability, and performance
system, once every three years beginning by January 1, 2011.
(15) "Community action agency" means a nonprofit private or public
organization established under the economic opportunity act of 1964.
(((14))) (16) "Housing authority" means any of the public
corporations created by chapter 35.82 RCW.
(((15) "Homeless housing)) (17) "Ending homelessness program" means
the program authorized under this chapter as administered by the
department at the state level and by the local government or its
designated subcontractor at the local level.
(((16) "Homeless housing)) (18) "Local ending homelessness plan"
means the ((ten-year)) plan developed by the ((county or other)) local
government to address ((housing for homeless persons)) ending
homelessness.
(((17) "Homeless housing)) (19) "State ending homelessness
strategic plan" means the ((ten-year)) plan developed by the
department, in consultation with the interagency council on
homelessness, the state advisory council on homelessness, and the
affordable housing advisory board, to end homelessness.
(((18))) (20) "Washington homeless client management information
system" means a database of information about homeless individuals in
the state used to coordinate resources to assist homeless clients to
obtain and retain housing and reach greater levels of self-sufficiency
or economic independence when appropriate, depending upon their
individual situations.
(21) "Good family wage job" means a job that pays at or above one
of the two self-sufficiency income standards established under section
30 of this act which for an individual means enough income to support
one adult individual, and for a family means enough income to support
two adult individuals, one preschool-aged child, and one school-aged
child.
(22) "Unsheltered homeless" means a homeless individual or homeless
individuals living outside or in a building not intended for human
habitation or in which the individual or individuals have no legal
right to occupy.
(23) "At risk of homelessness" means any low, very low, or
extremely low-income individual or family residing in housing that is
not affordable housing.
Sec. 16 RCW 43.185C.020 and 2005 c 484 s 5 are each amended to
read as follows:
There is created within the department the ((homeless housing))
ending homelessness program to develop and ((coordinate)) implement a
statewide ending homelessness strategic plan ((aimed at housing
homeless persons)), coordinate and monitor local government ending
homelessness plans and programs, and implement and manage an ending
homelessness grant program. The ending homelessness program has an
established short-term goal of reducing the homeless population
statewide and in each county by seventy percent by July 1, 2015, and an
ultimate goal of ending homelessness by December 31, 2019. The ending
homelessness program ((shall be)) is developed and administered by the
department with advice and input from the affordable housing advisory
board established in RCW 43.185B.020.
Sec. 17 RCW 43.185C.040 and 2005 c 484 s 7 are each amended to
read as follows:
(1) ((Six months after the first Washington homeless census,)) The
department shall, in consultation with the interagency council on
homelessness, the state advisory council on homelessness, and the
affordable housing advisory board, prepare and ((publish a ten-year
homeless housing)) annually update a state ending homelessness
strategic plan ((which shall)) that must outline statewide goals and
performance measures ((and shall be coordinated with the plan for
homeless families with children required under RCW 43.63A.650. To
guide local governments in preparation of their first local homeless
housing plans due December 31, 2005, the department shall issue by
October 15, 2005, temporary guidelines consistent with this chapter and
including the best available data on each community's homeless
population)) to meet the needs of all homeless populations, including
chronic homeless, unsheltered homeless, short-term homeless, families,
individuals, and youth, as well as to meet the needs of individuals and
families at risk of homelessness. Local governments' ((ten-year
homeless housing)) local ending homelessness plans ((shall not)) must
include all of the performance measures included in the state ending
homelessness strategic plan and must be substantially ((inconsistent))
consistent with the goals and program recommendations of ((the
temporary guidelines and, when amended after 2005,)) the state ending
homelessness strategic plan.
(2)(a) Program outcomes and performance measures and goals
((shall)) must be created by the department ((and reflected)) in
consultation with the interagency council on homelessness and a task
force established by the department consisting of the committee chairs
of the appropriate committees of the legislature, representatives
appointed by the director from a minimum of five local ending
homelessness task forces representing both urban and rural areas and
communities east and west of the Cascade mountains, and a
representative from a statewide membership organization that advocates
for ending homelessness. All performance measures must have targets
and timelines. The task force must also produce guidelines for local
governments regarding methods, techniques, and data suggested to
measure each performance measure. Performance measures, yearly
targets, and corresponding measurement guidelines must be established
by December 31, 2009, and must be reviewed annually by the department
and the interagency council on homelessness after soliciting feedback
from all local ending homelessness task forces. Performance measures
must be included in the department's ((homeless housing)) state ending
homelessness strategic plan ((as well as)) and all local ending
homelessness plans.
(b) The department may determine a timeline for implementation and
measurement of each performance measure for the state and local ending
homelessness plans, except that the state and all local governments
must implement and respond to all performance measures by December 31,
2011, unless the department finds that a performance measure is not
applicable to a specific local area according to parameters and
thresholds established by the department.
(c) Performance measures must be created, at a minimum, to gauge
the success of the state and each local government in the following
areas:
(i) The cost of ending homelessness in comparison with available
and committed resources;
(ii) The total capital and service dollars required statewide and
by county to meet the two goals outlined in RCW 43.185C.020, the
assessment of which must include a determination of the current
shortfall of funds as well as recommendations to reduce the total
amount of funds determined to be needed to meet the goals;
(iii) The self-sufficiency of persons in Washington;
(iv) The achievement of an appropriate level of self-sufficiency
for homeless individuals;
(v) The quality and completeness of the Washington homeless client
management information system database;
(vi) The quality of the performance management systems of state
agencies, local governments, and local government subcontractors
executing programs, as authorized by RCW 43.185C.080(1), that
contribute to the overall goal of ending homelessness; and
(vii) The quality of local ending homelessness plans.
Performance measurements are reported upon by city and county
geography, including demographics with yearly or more frequent targets.
(3) Interim goals against which state and local governments'
performance may be measured must also be described and reported upon in
the state ending homelessness strategic plan, including:
(a) ((By the end of year one, completion of the first census as
described in RCW 43.185C.030;)) By the end of each subsequent year, goals common to all state
and local programs which are measurable and the achievement of which
would move that community toward housing its homeless population; ((
(b)and)) (b) By July 1, 2015, reduction of the homeless population
statewide and in each county by ((
(c)fifty)) seventy percent; and
(c) By December 31, 2020, the reduction of the homeless population
statewide and in each county by one hundred percent, representing the
end of homelessness in Washington.
(((3))) (4) The department shall develop a consistent statewide
data gathering instrument to monitor the performance of cities and
counties receiving ending homelessness grants in order to determine
compliance with the terms and conditions set forth in the ending
homelessness grant application or required by the department.
(5) The department shall, in consultation with the interagency
council on homelessness, the state advisory council on homelessness,
and the affordable housing advisory board, report annually to the
governor and the appropriate committees of the legislature ((an
assessment of)) information about:
(a) All state programs addressing homeless housing and services;
(b) The state's performance in furthering the goals of the state
((ten-year homeless housing)) ending homelessness strategic plan; and
(c) The performance of each participating local government in
creating and executing a local ((homeless housing)) ending homelessness
plan ((which)) that meets the requirements of this chapter. ((The
annual report may include performance measures such as:)) (6) The state plan must also include a response to each
recommendation included in the local plans for policy changes to assist
in ending homelessness and a summary of the recommendations to the
legislature to streamline and simplify all homeless planning and
reporting requirements.
(a) The reduction in the number of homeless individuals and
families from the initial count of homeless persons;
(b) The number of new units available and affordable for homeless
families by housing type;
(c) The number of homeless individuals identified who are not
offered suitable housing within thirty days of their request or
identification as homeless;
(d) The number of households at risk of losing housing who maintain
it due to a preventive intervention;
(e) The transition time from homelessness to permanent housing;
(f) The cost per person housed at each level of the housing
continuum;
(g) The ability to successfully collect data and report
performance;
(h) The extent of collaboration and coordination among public
bodies, as well as community stakeholders, and the level of community
support and participation;
(i) The quality and safety of housing provided; and
(j) The effectiveness of outreach to homeless persons, and their
satisfaction with the program.
(4)
(7) Based on the performance of local ((homeless housing)) ending
homelessness programs in meeting their interim goals, on general
population changes and on changes in the homeless population recorded
in the ((annual)) census, the department may revise the performance
measures and goals of the state ((homeless housing strategic plan))
ending homelessness plans, set goals for years following the initial
ten-year period, and recommend changes in local governments' ending
homelessness plans.
Sec. 18 RCW 43.185C.050 and 2005 c 484 s 8 are each amended to
read as follows:
(1)(a)(i) Each local ((homeless housing)) ending homelessness task
force shall prepare and recommend to its local government legislative
authority a ((ten-year homeless housing)) local ending homelessness
plan for its jurisdictional area ((which shall be not inconsistent))
that is consistent with the department's ((statewide temporary
guidelines, for the December 31, 2005, plan, and thereafter the
department's ten-year homeless housing)) state ending homelessness
strategic plan and ((which shall be)) is aimed at eliminating
homelessness, with a minimum goal of reducing homelessness by ((fifty))
seventy percent by July 1, 2015, and an ultimate goal of ending
homelessness by December 31, 2020. ((The local government may amend
the proposed local plan and shall adopt a plan by December 31, 2005.
Performance in meeting the goals of this local plan shall be assessed
annually in terms of the performance measures published by the
department.)) Local governments must update their local ending
homelessness plan annually on a schedule to be determined by the
department.
(ii) Local plans must include specific strategic objectives and
performance measures, consistent with the state plan, and must include
corresponding action plans. Local plans must address identified
strategies to meet the needs of all homeless populations, including
chronic homeless, unsheltered homeless, short-term homeless, families,
individuals, and youth, as well as to meet the needs of individuals and
families at risk of homelessness. Local plans must specifically
identify efforts to meet the needs of homeless students. Each local
plan must include the total estimated cost of accomplishing the goals
of the plan to reduce homelessness by seventy percent by July 1, 2015,
and an ultimate goal of ending homelessness by December 31, 2020, and
must include an accounting of total committed funds for this purpose.
Local plans must include a strategy for implementing or continually
improving a quality management program.
(b)(i) The department must conduct an annual performance evaluation
of each local plan by December 31st of each year beginning in 2009.
The department must also conduct an annual performance evaluation of
each local government's performance related to its local plan by
December 31st of each year beginning in 2009. A local government's
performance must be evaluated using, at a minimum, the performance
measures outlined in RCW 43.185C.040(2).
(ii) In addition to the performance measures mandated in RCW
43.185C.040(2), local plans may include specific local performance
measures adopted by the local government legislative authority((,)) and
((may)) must include recommendations for ((any)) state legislation
needed to meet the state or local plan goals. The recommendations must
be specific and must, if funding is required, include an estimated
amount of funding required and suggestions for an appropriate funding
source.
(2) Eligible activities under the local plans include:
(a) Rental and furnishing of dwelling units for the use of homeless
persons;
(b) Costs of developing affordable housing for homeless persons,
and services for formerly homeless individuals and families residing in
transitional housing or permanent housing and still at risk of
homelessness;
(c) Operating subsidies for transitional housing or permanent
housing serving formerly homeless families or individuals;
(d) Services to prevent homelessness, such as emergency eviction
prevention programs, including temporary rental subsidies to prevent
homelessness;
(e) Temporary services to assist persons leaving state institutions
and other state programs to prevent them from becoming or remaining
homeless;
(f) Outreach services for homeless individuals and families;
(g) Development and management of local ((homeless)) ending
homelessness plans, including homeless census data collection((;)) and
information, identification of goals, performance measures, strategies,
and costs, and evaluation of progress towards established goals;
(h) Rental vouchers payable to landlords for persons who are
homeless or below thirty percent of the median income or in immediate
danger of becoming homeless; ((and))
(i) Implementing a quality management program and applying to the
Washington state quality award program for an independent assessment of
quality management, accountability, and performance systems or applying
to the full examination Washington state quality award program; and
(j) Other activities to reduce and prevent homelessness as
identified for funding in the local plan.
Sec. 19 RCW 43.185C.070 and 2005 c 484 s 11 are each amended to
read as follows:
(1) During each calendar year in which moneys from the ((homeless
housing)) home security fund account are available for use by the
department for the ((homeless housing)) ending homelessness grant
program, the department shall announce to all Washington counties,
participating cities, and through major media throughout the state, a
grant application period of at least ninety days' duration. Grants may
be awarded for programs directly related to addressing the root causes
of homelessness, preventing homelessness, collecting data and
information on homeless individuals, and implementing quality
management programs. Only a local government participating in the
ending homelessness program is eligible to receive an ending
homelessness grant. 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 RCW 36.22.179 (as recodified by this act).
(2) The department ((will)) shall develop, ((with advice and input
from the affordable housing advisory board established in RCW
43.185B.020)) in consultation with the interagency council on
homelessness, criteria to evaluate grant applications.
(3) The department may approve only those applications ((only if
they)) that are consistent with the local and state ((homeless housing
program strategic)) ending homelessness plans. 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
and to address the underlying causes of homelessness as described in
RCW 43.185C.005;
(c) Local government and private contributions pledged to the
program in the form of matching funds, property, infrastructure
improvements, and other contributions; and 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;
(d) ((Construction projects or rehabilitation that will serve
homeless individuals or families for a period of at least twenty-five
years;)) 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((
(e) Projects which demonstrate serving homeless populations with
the greatest needs, including projects that serve special needs
populations;
(f),
especially through its integration with the coordinated and
comprehensive plan for homeless families with children required under
RCW 43.63A.650));
(((g))) (e) The cooperation of the local government in the
((annual)) Washington homeless census ((project));
(((h))) (f) The number of homeless censuses or other homeless
counts conducted by the local government beyond the annual census
requirement;
(g) 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 wages at or above the self-sufficiency standard;
(h) The commitment of the local government to apply to the
Washington state quality award program for an independent assessment of
its quality management, accountability, and performance system or apply
to the full examination Washington state quality award program;
(i) The extent that a local government's subcontractors commit to
apply to the Washington state quality award program for an independent
assessment of their quality management, accountability, and performance
systems or apply to the full examination Washington state quality award
program;
(j) The extent, if any, that the local homeless population is
disproportionate to the revenues collected under this chapter and RCW
36.22.178 and 36.22.179 (as recodified by this act); and
(((j))) (k) Other elements shown by the applicant to be directly
related to the goal and the department's state ending homelessness
strategic plan.
Sec. 20 RCW 43.185C.080 and 2005 c 484 s 12 are each amended to
read as follows:
(1) ((Only a local government is eligible to receive a homeless
housing grant from the homeless housing account. Any city may assert
responsibility for homeless housing within its borders if it so
chooses, by forwarding a resolution to the legislative authority of the
county stating its intention and its commitment to operate a separate
homeless housing program. The city shall then receive a percentage of
the surcharge assessed under RCW 36.22.179 equal to the percentage of
the city's local portion of the real estate excise tax collected by the
county. A participating city may also then apply separately for
homeless housing program grants. A city choosing to operate a separate
homeless housing program shall be responsible for complying with all of
the same requirements as counties and shall adopt a local homeless
housing plan meeting the requirements of this chapter for county local
plans. However, the city may by resolution of its legislative
authority accept the county's homeless housing task force as its own
and based on that task force's recommendations adopt a homeless housing
plan specific to the city.)) Local governments ((
(2)applying for homeless housing funds)) may
subcontract with any other local government, housing authority,
community action agency, or other nonprofit organization for the
execution of programs contributing to the overall goal of ending
homelessness within a defined service area. All subcontracts ((shall))
must be consistent with the local ((homeless housing)) ending
homelessness plan adopted by the legislative authority of the local
government, time limited, and filed with the department, and ((shall))
must have specific performance terms. Local governments must strongly
encourage all subcontractors under the ending homelessness program to
apply to the Washington state quality award program for an independent
assessment of their quality management, accountability, and performance
systems or apply to the full examination Washington state quality award
program. While a local government has the authority to subcontract
with other entities, the local government continues to maintain the
ultimate responsibility for the ((homeless housing)) ending
homelessness program within its ((borders)) jurisdiction.
(((3))) (2) A county may decline to participate in the program
authorized in this chapter by forwarding to the department a resolution
adopted by the county legislative authority stating the intention not
to participate. A copy of the resolution ((shall)) must also be
transmitted to the county auditor and treasurer. If ((such a)) the
resolution is adopted, all of the funds otherwise due to the county
under RCW ((43.185C.060 shall)) 36.22.179 and 36.22.1791 (as recodified
by this act), minus funds due to any city that has chosen to
participate through the process established in subsection (3) of this
section, must be remitted monthly to the state treasurer for deposit in
the ((homeless housing)) home security fund account, without any
reduction by the county for collecting or administering the funds.
Upon receipt of the resolution, the department shall promptly begin to
identify and contract with one or more entities eligible under this
section to create and execute a local ((homeless housing)) ending
homelessness plan for the county meeting the requirements of this
chapter. The department shall expend all of the funds received from
the county under this subsection to carry out the purposes of this
chapter ((484, Laws of 2005)) in the county, ((provided that)) but the
department may retain six percent of these funds to offset the cost of
managing the county's program.
(3) Any city may assert responsibility for homeless housing within
its borders, by forwarding a resolution to the legislative authority of
the county stating its intention and its commitment to operate a
separate ending homelessness program. A city choosing to operate a
separate ending homelessness program receives a percentage of the
surcharges assessed under RCW 36.22.179 and 36.22.1791 (as recodified
by this act) equal to the percentage of the city's local portion of the
real estate excise tax collected by the county. A participating city
may also then apply separately for ending homelessness grants. A city
choosing to operate a separate ending homelessness program must comply
with all of the same requirements as counties and shall adopt a local
ending homelessness plan meeting the requirements of this chapter for
local ending homelessness plans.
(4) A resolution by the county declining to participate in the
program ((shall have)) has no effect on the ((ability)) authority of
each city in the county to assert its right to manage its own program
under this chapter, and the county shall monthly transmit to the city
the funds due under ((this chapter)) RCW 36.22.179 and 36.22.1791 (as
recodified by this act).
Sec. 21 RCW 43.185C.090 and 2005 c 484 s 13 are each amended to
read as follows:
The department shall allocate ending homelessness grant moneys from
the ((homeless housing)) home security fund account to finance in whole
or in part programs and projects in approved local ((homeless housing))
ending homelessness plans ((to assist homeless individuals and families
gain 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)) for programs directly
related to addressing the root causes of homelessness, preventing
homelessness, collecting data and information on homeless individuals,
and implementing quality management programs. The department may issue
criteria or guidelines to guide local governments in the application
process.
Sec. 22 RCW 43.185C.100 and 2005 c 484 s 14 are each amended to
read as follows:
The department shall provide technical assistance to any
participating local government that requests such assistance.
Technical assistance activities may include:
(1) Assisting local governments to identify appropriate parties to
participate on local ((homeless housing)) ending homelessness task
forces;
(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)) ending homelessness
program requirements;
(4) Assisting local governments in the local implementation and
updating of the homeless client management information system as
required in RCW 43.185C.180;
(5) Assisting local governments to apply to the Washington state
quality award program for an independent assessment of their quality
management, accountability, and performance systems or apply to the
full examination Washington state quality award program;
(6) Assisting local governments to strongly encourage all
subcontractors to apply to the Washington state quality award program
for an independent assessment of their quality management,
accountability, and performance systems or apply to the full
examination Washington state quality award program;
(7) Assisting local governments to create quality ending
homelessness plans;
(8) Assisting in the identification of "best practices" from other
areas;
(((5))) (9) Assisting in identifying additional funding sources for
specific projects; and
(((6))) (10) Training local government and subcontractor staff,
including quality management training.
Sec. 23 RCW 43.185C.130 and 2005 c 484 s 17 are each amended to
read as follows:
The department shall ensure that the state's interest is 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)) ending homelessness 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.
Sec. 24 RCW 43.185C.160 and 2005 c 485 s 1 are each amended to
read as follows:
(1) Each county shall create ((a homeless housing)) an ending
homelessness task force to develop a ((ten-year homeless housing))
ending homelessness plan addressing short-term and long-term services
and housing ((for homeless persons)) to prevent and reduce homelessness
by seventy percent by July 1, 2015, and to achieve the ultimate goal of
ending homelessness by December 31, 2020.
Membership on the task force may include representatives of the
counties, cities, towns, housing authorities, civic and faith
organizations, schools, community networks, human services providers,
law enforcement personnel, criminal justice personnel, including
prosecutors, probation officers, and jail administrators, substance
abuse treatment providers, mental health care providers, emergency
health care providers, businesses, at-large representatives of the
community, and a homeless or formerly homeless individual.
In lieu of creating a new task force, a local government may
designate an existing governmental or nonprofit body ((which)) that
substantially conforms to this section and ((which)) includes at least
one homeless or formerly homeless individual to serve as its homeless
representative. As an alternative to a separate plan, two or more
local governments may work in concert to develop and execute a joint
((homeless housing)) local ending homelessness plan, or to contract
with another entity to do so according to the requirements of this
chapter. While a local government has the authority to subcontract
with other entities, the local government continues to maintain the
ultimate responsibility for the ((homeless housing)) ending
homelessness program within its borders.
((A county may decline to participate in the program authorized in
this chapter by forwarding to the department a resolution adopted by
the county legislative authority stating the intention not to
participate. A copy of the resolution shall also be transmitted to the
county auditor and treasurer. If a county declines to participate, the
department shall create and execute a local homeless housing plan for
the county meeting the requirements of this chapter.))
(2) In addition to developing a ((ten-year homeless housing)) local
ending homelessness plan, each task force shall establish guidelines
consistent with the statewide ((homeless housing)) ending homelessness
strategic plan, as needed, for the following:
(a) Emergency shelters;
(b) Short-term housing needs;
(c) Temporary encampments;
(d) Rental voucher programs;
(e) Timely housing opportunities for unsheltered homeless;
(f) Supportive housing for chronically homeless persons; ((and)) (g) Long-term housing; and
(e)
(h) Prevention services.
Guidelines must include, when appropriate, standards for health and
safety and notifying the public of proposed facilities to house the
homeless.
(3) Each county((, including counties exempted from creating a new
task force under subsection (1) of this section,)) shall report to the
department of community, trade, and economic development ((such)) any
information ((as may be)) needed to ensure compliance with this
chapter.
Sec. 25 RCW 43.185C.900 and 2005 c 484 s 2 are each amended to
read as follows:
This chapter may be known and cited as the ending homelessness
((housing and assistance)) act.
Sec. 26 RCW 36.22.179 and 2007 c 427 s 4 are each amended to read
as follows:
(1) In addition to the surcharge authorized in RCW 36.22.178 (as
recodified by this act), and except as provided in subsection (2) of
this section, an additional 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 retain two percent for collection of the fee,
and of the remainder shall remit sixty percent to the county to be
deposited into a fund that must be used by the county and its cities
and towns to accomplish the purposes of this chapter, six percent of
which may be used by the county for administrative costs related to its
((homeless housing)) ending homelessness plan and for activities
related to performance evaluation and quality management programs,
including costs associated with the Washington state quality award
program, and the remainder for programs which directly accomplish the
goals of the county's local ((homeless housing)) ending homelessness
plan, except that for each city in the county which elects as
authorized in RCW 43.185C.080 to operate its own local ((homeless
housing)) ending homelessness program, a percentage of the surcharge
assessed under this section equal to the percentage of the city's local
portion of the real estate excise tax collected by the county shall be
transmitted at least quarterly to the city treasurer, without any
deduction for county administrative costs, for use by the city for
program costs which directly contribute to the goals of the city's
local ((homeless housing)) ending homelessness plan; of the funds
received by the city, it may use six percent for administrative costs
for its ((homeless housing)) ending homelessness program.
(b) The auditor shall remit the remaining funds to the state
treasurer for deposit in the home security fund account. The
department may use twelve and one-half percent of this amount for
administration of the program established in RCW 43.185C.020, including
the costs of creating the statewide ((homeless housing)) ending
homelessness strategic plan, measuring performance and quality
management, including costs associated with the Washington state
quality award program, providing technical assistance to local
governments, and managing the ((homeless housing)) ending homelessness
grant program. The remaining eighty-seven and one- half percent is to
be used by the department to:
(i) Provide housing and shelter for homeless people including, but
not limited to: Grants to operate, repair, and staff shelters; grants
to operate transitional housing; partial payments for rental
assistance; consolidated emergency assistance; overnight youth
shelters; and emergency shelter assistance; and
(ii) Fund the ((homeless housing)) ending homelessness grant
program.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
Sec. 27 RCW 36.22.1791 and 2007 c 427 s 5 are each amended to
read as follows:
(1) In addition to the surcharges authorized in RCW 36.22.178 and
36.22.179 (as recodified by this act), and except as provided in
subsection (2) of this section, the county auditor shall charge an
additional surcharge of eight dollars for each document recorded, which
is in addition to any other charge allowed by law. The funds collected
under this section are to be distributed and used as follows:
(a) The auditor shall remit ninety percent to the county to be
deposited into a fund six percent of which may be used by the county
for administrative costs related to its ((homeless housing)) ending
homelessness plan and for activities related to performance evaluation
and quality management programs, including costs associated with the
Washington state quality award program, and the remainder for programs
that directly accomplish the goals of the county's local ((homeless
housing)) ending homelessness plan, except that for each city in the
county that elects, as authorized in RCW 43.185C.080, to operate its
own ((homeless housing)) ending homelessness program, a percentage of
the surcharge assessed under this section equal to the percentage of
the city's local portion of the real estate excise tax collected by the
county must be transmitted at least quarterly to the city treasurer for
use by the city for program costs that directly contribute to the goals
of the city's ((homeless housing)) ending homelessness plan.
(b) The auditor shall remit the remaining funds to the state
treasurer for deposit in the home security fund account. The
department may use the funds for administering the program established
in RCW 43.185C.020, including the costs of creating and updating the
statewide ((homeless housing)) ending homelessness strategic plan,
measuring performance and quality management, including costs
associated with the Washington state quality award program, providing
technical assistance to local governments, and managing the ((homeless
housing)) ending homelessness grant program. Remaining funds may also
be used to:
(i) Provide housing and shelter for homeless people including, but
not limited to: Grants to operate, repair, and staff shelters; grants
to operate transitional housing; partial payments for rental
assistance; consolidated emergency assistance; overnight youth
shelters; and emergency shelter assistance; and
(ii) Fund the ((homeless housing)) ending homelessness grant
program.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
Sec. 28 RCW 43.185C.170 and 2006 c 349 s 7 are each amended to
read as follows:
(1) The interagency council on homelessness, as defined in RCW
43.185C.010, shall ((be convened not later than)) convene by August 31,
2006, and shall meet at least two times each year and report to the
appropriate committees of the legislature annually by December 31st on
its activities.
(2) The interagency council on homelessness shall work to create
greater levels of interagency coordination and to coordinate state
agency efforts with the efforts of state and local entities addressing
homelessness.
(3) The interagency council on homelessness must respond to all
state and local legislative and policy recommendations included in the
state and local ending homelessness plans. The interagency council
must annually present its strategy for addressing the issues raised to
the appropriate committees of the legislature and must also include a
report on the actions taken to date that address these issues.
(4) The interagency council shall seek to:
(a) Align homeless-related housing and supportive service policies
among state agencies;
(b) Identify ways in which providing housing with appropriate
services can contribute to cost savings for state agencies;
(c) Identify policies and actions that may contribute to
homelessness or interfere with its reduction;
(d) Review and improve strategies for discharge from state
institutions that contribute to homelessness;
(e) Recommend policies to either improve practices or align
resources, or both, including those policies requested by the
affordable housing advisory board or through state and local housing
plans; and
(f) Ensure that the housing status of people served by state
programs is collected in consistent formats available for analysis.
Sec. 29 RCW 43.185C.180 and 2006 c 349 s 8 are each amended to
read as follows:
(1) In order to improve services for the homeless, the department,
within amounts appropriated by the legislature for this specific
purpose, shall implement the Washington homeless client management
information system for the ongoing collection and updates of
information about all homeless individuals in the state.
(2) Information about homeless individuals for the Washington
homeless client management information system shall come from the
Washington homeless census ((and)), from state agencies, and from
community organizations providing services to homeless individuals and
families. Personally identifying information about homeless
individuals for the Washington homeless client management system may
only be collected after having obtained informed, reasonably time
limited written consent from the homeless individual to whom the
information relates. Data collection ((shall)) must be done in a
manner consistent with federally informed consent guidelines regarding
human research which, at a minimum, require that individuals be
informed about the expected duration of their participation, an
explanation of whom to contact for answers to pertinent questions about
the data collection and their rights regarding their personal
identifying information, an explanation regarding whom to contact in
the event of injury to the individual related to the homeless client
survey, a description of any reasonably foreseeable risks to the
homeless individual, and a statement describing the extent to which
confidentiality of records identifying the individual will be
maintained.
(3) The Washington homeless client management information system
shall serve as an online information and referral system to enable
local governments and providers to connect homeless persons in the
database with available housing and other support services. Local
governments shall develop a capacity for continuous case management,
including independent living plans, when appropriate, to assist
homeless persons.
(4) The information in the Washington homeless client management
information system will also provide the department with the
information to consolidate and analyze data about the extent and nature
of homelessness in Washington state, giving emphasis to information
about the extent and nature of homelessness in Washington state among
families with children.
(5) The system may be merged with other data gathering and
reporting systems and shall:
(a) Protect the right of privacy of individuals;
(b) Provide for consultation and collaboration with all relevant
state agencies, including the department of social and health services,
experts, and community organizations involved in the delivery of
services to homeless persons; and
(c) Include related information held or gathered by other state
agencies.
(6) Within amounts appropriated by the legislature, for this
specific purpose, the department shall evaluate the information
gathered and disseminate the analysis and the evaluation broadly, using
appropriate computer networks as well as written reports.
(7) The Washington homeless client management information system
((shall)) must be implemented by December 31, 2009, and updated with
new homeless client information at least ((annually)) twice each year.
NEW SECTION. Sec. 30 A new section is added to chapter 43.185C
RCW to read as follows:
The department shall establish two self-sufficiency income
standards based upon the cost of living, including housing costs, which
include mortgage or rent payments and utilities other than telephone,
for each county in the state. The self-sufficiency income standards
must be based upon the costs needed to support: (1) One adult
individual; and (2) two adult individuals and one preschool-aged child
and one school-aged child. These income standards will be translated
into an equivalent hourly wage rate assuming one full-year, full-time
earner for the self-sufficiency income standards for each county. By
December 31, 2009, the department shall deliver to the appropriate
committees of the legislature the self-sufficiency income standards and
a report that details the number and percentage of individuals
statewide and in each county who do not have a good family wage job
and, as a result, earn less than the self-sufficiency income standards,
as well as the number and percentage of individuals statewide and in
each county who have a good family wage job and, as a result, earn an
amount equivalent to or more than the self-sufficiency income
standards.
Sec. 31 RCW 43.185B.030 and 1993 c 478 s 6 are each amended to
read as follows:
The affordable housing advisory board shall:
(1) Analyze those solutions and programs that could begin to
address the state's need for housing that is affordable for all
economic segments of the state, and special needs populations,
including but not limited to programs or proposals which provide for:
(a) Financing for the acquisition, rehabilitation, preservation, or
construction of housing;
(b) Use of publicly owned land and buildings as sites for
affordable housing;
(c) Coordination of state initiatives with federal initiatives and
financing programs that are referenced in the Cranston-Gonzalez
national affordable housing act (42 U.S.C. Sec. 12701 et seq.), as
amended, and development of an approved housing strategy as required in
the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec.
12701 et seq.), as amended;
(d) Identification and removal, where appropriate and not
detrimental to the public health and safety, or environment, of state
and local regulatory barriers to the development and placement of
affordable housing;
(e) Stimulating public and private sector cooperation in the
development of affordable housing; and
(f) Development of solutions and programs affecting housing,
including the equitable geographic distribution of housing for all
economic segments, as the advisory board deems necessary;
(2) Consider both homeownership and rental housing as viable
options for the provision of housing. The advisory board shall give
consideration to various types of residential construction and
innovative housing options, including but not limited to manufactured
housing;
(3) Review, evaluate, and make recommendations regarding existing
and proposed housing programs and initiatives including but not limited
to tax policies, land use policies, and financing programs. The
advisory board shall provide recommendations to the director, along
with the department's response in the annual housing report to the
legislature required in RCW 43.185B.040 (as recodified by this act);
and
(4) Prepare and submit to the director and to the legislature, by
each December 1st, beginning December 1, 1993, a report ((detailing
its)) that (a) details the board's findings and (b) discusses the
measurable relationship between jobs paying less than the self-sufficiency income standard, established under section 30 of this act,
and housing affordability, and make specific program, legislative, and
funding recommendations and any other recommendations it deems
appropriate.
NEW SECTION. Sec. 32 A new section is added to chapter 43.185C
RCW to read as follows:
The joint legislative audit and review committee shall conduct two
performance audits of the ending homelessness program. The first audit
must be conducted by December 31, 2011. The second audit must be
conducted by December 31, 2015. Each audit must take no longer than
six months or one hundred thousand dollars to complete.
Sec. 33 RCW 43.20A.790 and 1999 c 267 s 2 are each amended to
read as follows:
(1) The department of social and health services shall collaborate
with the department ((of community, trade, and economic development))
in the development of ((the)) a coordinated and comprehensive plan for
homeless families with children ((required under RCW 43.63A.650, which
designates the department of community, trade, and economic development
as the state agency with primary responsibility for providing shelter
and housing services to homeless families with children. In fulfilling
its responsibilities to collaborate with the department of community,
trade, and economic development pursuant to RCW 43.63A.650,)) that must
be integrated into the state ending homelessness strategic plan created
in RCW 43.185C.040. The department of social and health services shall
develop, administer, supervise, and monitor its portion of the plan((.
The department's portion of the plan shall)), which must contain at
least the following elements:
(a) Coordination or linkage of services with shelter and housing;
(b) Accommodation and addressing the needs of homeless families in
the design and administration of department programs;
(c) Participation of the department's local offices in the
identification, assistance, and referral of homeless families; and
(d) Ongoing monitoring of the efficiency and effectiveness of the
plan's design and implementation.
(2) The department shall include community organizations involved
in the delivery of services to homeless families with children, and
experts in the development and ongoing evaluation of the plan.
(((3) The duties under this section shall be implemented within
amounts appropriated for that specific purpose by the legislature in
the operating and capital budgets.))
Sec. 34 RCW 43.185C.150 and 2005 c 484 s 21 are each amended to
read as follows:
This chapter does not require either the department or any local
government to expend any funds to accomplish the goals of this chapter
other than the revenues authorized in chapter 484, Laws of 2005 and the
revenues authorized in RCW 36.22.1791 (as recodified by this act).
However, neither the department nor any local government may use any
funds authorized in chapter 484, Laws of 2005 or the revenues
authorized in RCW 36.22.1791 (as recodified by this act) to supplant or
reduce any existing expenditures of public money for the reduction or
prevention of homelessness or services for homeless persons.
NEW SECTION. Sec. 35 The department of community, trade, and
economic development shall contract with the Washington institute for
public policy to conduct a study to determine the most effective,
accurate, and comprehensive way for counties and the state of
Washington to measure and evaluate the societal cost of homelessness.
The department shall not spend more than one hundred thousand dollars
on the study, and the results of the study must be presented to the
appropriate committees of the legislature by June 30, 2010.
NEW SECTION. Sec. 36 RCW 36.22.179, 36.22.1791, 43.20A.790, and
43.63A.650 are each recodified as sections in chapter 43.185C RCW.
NEW SECTION. Sec. 37 RCW 36.22.178, 43.185A.100, and 43.185B.040
are each recodified as sections in chapter 43.--- RCW (created in
section 38 of this act).
NEW SECTION. Sec. 38 Sections 1 through 4, 6 through 9, and 11
of this act constitute a new chapter in Title
NEW SECTION. Sec. 39 The code reviser shall alphabetize and
renumber the definitions in RCW 43.185C.010.