BILL REQ. #:  H-4362.3 

READ FIRST TIME 01/30/06.   

     AN ACT Relating to programs to end homelessness; amending RCW 43.185C.005, 43.185C.010, 43.185C.020, 43.185C.030, 43.185C.040, 43.185C.050, 43.185C.060, 43.185C.070, 43.185C.080, 43.185C.090, 43.185C.100, 43.185C.130, 43.185C.160, 43.185C.900, 36.22.179, 43.185B.030, 43.20A.790, 43.330.167, 43.63A.650, 43.63A.655, and 74.50.060; adding new sections to chapter 43.185C RCW; recodifying RCW 36.22.179 and 43.63A.655; and making an appropriation.

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

Sec. 1   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 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 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 services for mentally ill and developmentally disabled citizens 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 to not only count all homeless people in the state, but also to record and manage information about homeless persons ((and)) in order to assist them in finding housing and other supportive services that can assist them, when possible, in achieving a higher degree of self-sufficiency and economic independence if that is a reasonable and appropriate goal.
     The creation of a homeless client management information system, 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.

Sec. 2   RCW 43.185C.010 and 2005 c 484 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, mentally ill people, and sex offenders who are homeless.
     (4) "Washington homeless census" means an annual statewide census conducted as a collaborative effort by towns, cities, counties, community-based organizations, and state agencies, with the technical support and coordination of the department, to count and collect data on all homeless individuals in Washington.
     (5) "Washington homeless client survey" means a statewide survey conducted as a collaborative effort by towns, cities, counties, community-based organizations, and state agencies, with the technical support and coordination of the department, to count and collect specific identifying data on all homeless individuals in Washington to be entered into the Washington homeless client management information system.
     (6) "Washington homeless client management information system" means a data base 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.
     (7) "((Homeless housing)) Ending homelessness 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).
     (((6))) (8) "((Homeless housing)) Ending homelessness grant program" means the vehicle by which competitive grants are awarded by the department, utilizing moneys from the ((homeless housing)) ending homelessness account, to local governments for programs directly related to housing homeless individuals and families, addressing the root causes of homelessness, preventing homelessness, collecting data on homeless individuals, and other efforts directly related to housing homeless persons.
     (((7))) (9) "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.
     (((8))) (10) "Housing continuum" means the progression of individuals along a housing-focused continuum with homelessness at one end and homeownership at the other.
     (((9))) (11) "Local ((homeless housing)) ending homelessness task force" means a voluntary local committee created 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))) (12) "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))) (13) "Interagency council on homelessness" means a committee appointed by the governor and consisting of, at least, ((the director)) policy level representatives of the department of community, trade, and economic development; the ((secretary of the)) department of corrections; ((the secretary of)) the department of social and health services; ((the director of)) the department of veterans affairs; and the ((secretary of the)) department of health.
     (((12))) (14) "Performance measurement" means the process of comparing specific measures of success against ultimate and interim goals.
     (((13))) (15) "Performance evaluation" means the process of evaluating performance by established criteria according to the achievement of outlined goals, measures, targets, standards, or other outcomes, using a ranked scorecard from highest to lowest performance which employs a scale of one to one hundred, one hundred being the optimal score.
     (16) "Quality management program" means a nationally recognized program similar or equivalent to the Baldridge criteria. All local governments receiving over two hundred thousand dollars from the ending homelessness program surcharge in RCW 36.22.179 (as recodified by this act) and from the surcharge in RCW 36.22.178 shall implement a quality management program and shall apply to the Washington state quality award program once every three years.
     (17) "Community action agency" means a nonprofit private or public organization established under the economic opportunity act of 1964.
     (((14))) (18) "Housing authority" means any of the public corporations created by chapter 35.82 RCW.
     (((15))) (19) "((Homeless housing)) 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))) (20) "((Homeless housing)) 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))) (21) "((Homeless housing)) Ending homelessness strategic plan" means the ten-year plan developed by the department, in consultation with ((the interagency council on homelessness and)) the affordable housing advisory board.

Sec. 3   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 a statewide strategic plan aimed at housing homeless persons. The program shall be developed and administered by the department with advice and input from the affordable housing advisory board established in RCW 43.185B.020.

Sec. 4   RCW 43.185C.030 and 2005 c 484 s 6 are each amended to read as follows:
     (1) The department shall annually conduct both a Washington homeless census ((or count)) of all homeless individuals statewide and an annual Washington homeless client survey which shall collect information on all homeless individuals in the state consistent with the requirements of RCW 43.63A.655 (as recodified by this act). The census and survey shall make every effort to count and collect information about all homeless individuals living outdoors, in shelters, and in transitional housing, coordinated, when reasonably feasible, with already existing homeless census and counting projects, including those funded in part by the United States department of housing and urban development under the McKinney-Vento homeless assistance program. The department shall determine, in consultation with local governments, the data to be collected and shall review and report annually on the effectiveness of the data collection process, including suggestions for process improvements. Information collected shall be entered, when appropriate, into the homeless client management information system for the purpose of coordinating supportive services and housing opportunities for the homeless client to assist the client to achieve greater levels of self-sufficiency and economic independence if that is deemed a reasonable and achievable goal for the client.
     (2) The annual count of homeless individuals throughout the state shall commence immediately. The annual Washington homeless client survey shall be implemented by December 31, 2009, and shall be conducted at least annually on a schedule created by the department. The annual count and survey may be the same if the requirements of both are met. The department shall make summary data by county and each city available to the public each year. This data, and its analysis, shall be included in the department's annual updated ending homelessness strategic plan.
     Information for the Washington homeless client survey shall be collected after having obtained informed, reasonably time-limited written consent from the homeless individual to whom the information relates. Data collection shall 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. A unique identifier shall be collected during the homeless client survey and shall be used in the homeless client management information system which, at a minimum, must include the client's name, except as provided for in subsection (3) of this section.
     (3) All personal information collected ((in the census)) through the ending homelessness program is confidential, and the department and each local government shall take all necessary steps to protect the identity and confidentiality of each person ((counted)) whose information is recorded and ultimately entered into the homeless client management information system. The department and each local government are prohibited from disclosing any personally identifying information about any homeless individual when there is reason to believe or evidence indicating that the homeless individual is an adult or minor victim of domestic violence, dating violence, sexual assault, or stalking or is the parent or guardian of a child victim of domestic violence, dating violence, sexual assault, or stalking; or revealing other confidential information regarding HIV/AIDS status, as found in RCW 70.24.105. The department and each local government shall not ((ask)) require any homeless housing provider to disclose personally identifying information about any homeless individuals when the providers implementing those programs have reason to believe or evidence indicating that those clients are adult or minor victims of domestic violence, dating violence, sexual assault, or stalking or are the parents or guardians of child victims of domestic violence, dating violence, sexual assault, or stalking. Summary data, which includes specific performance outcome data to be determined by the department in consultation with the department of social and health services, for the provider's facility or program may be substituted.
     ((The Washington homeless census shall be conducted annually on a schedule created by the department. The department shall make summary data by county available to the public each year. This data, and its analysis, shall be included in the department's annual updated homeless housing program strategic plan.
     Based on the annual census and provider information from the local government plans, the department shall, by the end of year four, implement an online information and referral system to enable local governments and providers to identify available housing for a homeless person.)) The department, in consultation and cooperation with the department of social and health services, and each local government shall create privacy plans to ensure that information entered into the homeless client management information system data base remains confidential and is only shared amongst service providers, the program managing entity of the local government, and the department. The department shall conduct an annual performance evaluation of each local government in relation to the successful implementation of its privacy plan.
     The state auditor shall conduct a performance audit of the department and all local governments, which shall cost, at a minimum, one hundred thousand dollars, by 2013 to evaluate the performance of the department and local governments in protecting the privacy of persons whose information is collected through the homeless client management information system.
     (4) The department shall work with local governments and their providers to develop a capacity for continuous case management, when appropriate, to assist homeless persons.
     (5) By the end of year four, the department shall implement an organizational quality management ((system)) program.

Sec. 5   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 and the affordable housing advisory board, prepare and publish a ten-year ((homeless housing)) ending homelessness strategic plan which shall 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)) ending homelessness 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. Local governments' ten-year ((homeless housing)) ending homelessness plans shall not be substantially inconsistent with the goals and program recommendations of the temporary guidelines and, when amended after 2005, the state ending homelessness strategic plan.
     (2) Program outcomes and performance measures and goals shall be created by the department and reflected in the department's ((homeless housing)) ending homelessness strategic plan as well as interim goals against which state and local governments' performance may be measured, including:
     (a) By the end of year one, completion of the first census as described in RCW 43.185C.030. By December 31, 2009, implement the annual Washington homeless client survey as described in RCW 43.185C.030 and the Washington homeless client management information system as described in RCW 43.63A.655 (as recodified by this act);
     (b) By the end of each subsequent year, goals common to all local programs which are measurable and the achievement of which would move that community toward housing its homeless population; and
     (c) By July 1, 2015, reduction of the homeless population statewide and in each county by fifty percent.
     (3) The department shall develop a consistent statewide data gathering instrument to monitor the performance of cities and counties receiving grants in order to determine compliance with the terms and conditions set forth in the grant application or required by the department.
     The department shall, in consultation with the interagency council on homelessness and the affordable housing advisory board, report annually to the governor and the appropriate committees of the legislature the fiscal and societal cost of the homeless crisis, including identifying to the extent practical, savings in state and local program costs that could be achieved through the achievement of stable housing for the clients served by those programs, an assessment of the state's performance in furthering the goals of the state ten-year ((homeless housing)) ending homelessness strategic plan and the performance of each participating local government in creating and executing a local ((homeless housing)) ending homelessness plan which meets the requirements of this chapter. The annual report ((may)) shall include performance measures such as:
     (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 from all sources;
     (c) The number of homeless individuals identified who are not offered suitable housing within one day and 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 and to measurable benchmark increases in self-sufficiency and economic independence;
     (f) The cost per person housed at each level of the housing continuum;
     (g) The ability of the state and local governments 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) 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 and Washington homeless client survey, the department may revise the performance measures and goals of the state ((homeless housing)) ending homelessness strategic plan, set goals for years following the initial ten-year period, and recommend changes in local governments' plans.

Sec. 6   RCW 43.185C.050 and 2005 c 484 s 8 are each amended to read as follows:
     (1) Each local ((homeless housing)) ending homelessness task force shall prepare and recommend to its local government legislative authority a ten-year ((homeless housing)) ending homelessness plan for its jurisdictional area which shall be not inconsistent with the department's statewide temporary guidelines, ((for the December 31, 2005, plan,)) and thereafter the department's ten-year ((homeless housing)) ending homelessness strategic plan, and which shall be aimed at eliminating homelessness, with a minimum goal of reducing homelessness by fifty percent by July 1, 2015. The local government may amend the proposed local plan and shall adopt a plan by December 31, 2005. The department shall conduct an annual performance evaluation of all local government plans. Performance in meeting the goals of ((this)) local plans shall be assessed annually by the department in terms of the performance measures described in RCW 43.185C.040(3) and others published by the department. The department shall request input from members of the appropriate committees of the legislature when establishing additional performance measures. Local plans may include specific local performance measures adopted by the local government legislative authority((,)) and ((may include)) recommendations for any state legislation needed to meet the state or local plan goals. The department shall conduct an annual performance evaluation of each local government by December 31st of each year beginning in 2007. Factors upon which a local government's performance is evaluated include the participation of each city in the county in the county's homeless census and client survey, thoroughness of the local plan, and the results of homeless program activities.
     (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 and client survey data collection((;)), 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;
     (i) Implementing a quality management program, if applicable; and
     (((i))) (j) Other activities to reduce and prevent homelessness as identified for funding in the local plan.

Sec. 7   RCW 43.185C.060 and 2005 c 484 s 10 are each amended to read as follows:
     The ((homeless housing)) ending homelessness account is created in the custody of the state treasurer. The state's portion of the surcharge established in RCW 36.22.179 (as recodified by this act) must be deposited in the account. Expenditures from the account may be used only for the ((homeless housing)) ending homelessness program as described in this chapter. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 8   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)) ending homelessness 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. 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 develop, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, criteria to evaluate grant applications.
     (3) The department may approve applications only if they 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 and client survey;
     (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;
     (e) Projects which demonstrate serving homeless populations with the greatest needs, including projects that serve special needs populations;
     (f) 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, especially through its integration with the coordinated and comprehensive plan for homeless families with children required under RCW 43.63A.650;
     (g) The cooperation of the local government in the ((annual)) Washington homeless ((census project)) census and client survey;
     (h) The commitment of the local government and any subcontracting local governments, nonprofit organizations, and for-profit entities to employ a diverse work force;
     (i) 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) Other elements shown by the applicant to be directly related to the goal and the department's state ending homelessness strategic plan.

Sec. 9   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)) an ending homelessness grant from the ((homeless housing)) ending homelessness 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)) ending homelessness program. The city shall then receive a percentage of the surcharge assessed under RCW 36.22.179 (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 ((homeless housing program)) ending homelessness grants. A city choosing to operate a separate ((homeless housing)) ending homelessness program shall be responsible for complying with all of the same requirements as counties and shall adopt a local ((homeless housing)) ending homelessness 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)) ending homelessness task force as its own and based on that task force's recommendations adopt ((a homeless housing)) an ending homelessness plan specific to the city.
     (2) Local governments receiving or applying for ((homeless housing)) ending homelessness 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 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 have specific performance terms. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for the ((homeless housing)) ending homelessness program within its borders.
     (3) 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 such a resolution is adopted, all of the funds otherwise due to the county under RCW 43.185C.060 shall be remitted monthly to the state treasurer for deposit in the ((homeless housing)) ending homelessness 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 chapter 484, Laws of 2005 in the county, provided that the department may retain six percent of these funds to offset the cost of managing the county's program.
     (4) A resolution by the county declining to participate in the program shall have no effect on the ability 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.

Sec. 10   RCW 43.185C.090 and 2005 c 484 s 13 are each amended to read as follows:
     The department shall allocate grant moneys from the ((homeless housing)) ending homelessness 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 and economic independence. The department may issue criteria or guidelines to guide local governments in the application process.

Sec. 11   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)) and client surveys to meet ((homeless housing)) ending homelessness program requirements;
     (4) Assisting local governments in the local implementation of the homeless client management information system;
     (5) Assisting in the identification of "best practices" from other areas;
     (((5))) (6) Assisting in identifying additional funding sources for specific projects; and
     (((6))) (7) Training local government and subcontractor staff.

Sec. 12   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. 13   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 housing for homeless persons.
     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 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)) 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)) ending homelessness plan for the county meeting the requirements of this chapter.
     (2) In addition to developing a ten-year ((homeless housing)) 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) Supportive housing for chronically homeless persons; and
     (e) Long-term housing.
     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 information as may be needed to ensure compliance with this chapter.

Sec. 14   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 ((homelessness housing)) ending homelessness and assistance act.

Sec. 15   RCW 36.22.179 and 2005 c 484 s 9 are each amended to read as follows:
     (((1))) In addition to the surcharge authorized in RCW 36.22.178, and except as provided in subsection (((2))) (3) 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))) (1) 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 chapter 484, Laws of 2005, six percent of which may be used by the county for administrative costs related to its ((homeless housing)) ending homelessness plan, and the remainder for programs which directly accomplish the goals of the county's ((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 ((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 ((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))) (2) The auditor shall remit the remaining funds to the state treasurer for deposit in the ((homeless housing)) ending homelessness 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, updating and managing the Washington homeless client survey and homeless client management information system, measuring performance, 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 distributed by the department to local governments through the ((homeless housing)) ending homelessness grant program.
     (((2))) (3) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.

NEW SECTION.  Sec. 16   The sum of two million dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2007, from the general fund to the ending homelessness account. Up to five hundred thousand dollars of this funding shall be used by the department to implement and continually update the Washington homeless client management information system as required in RCW 43.63A.655 (as recodified by this act). The department shall distribute one million five hundred thousand dollars of this funding to the participating local governments, using a formula to be determined by the department, to be used for local planning, data collection and management, program implementation purposes, implementation of quality management and evaluation programs, and local housing programs eligible under this act.

Sec. 17   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, including homeless 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; and
     (4) Prepare and submit to the director, by each December 1st, beginning December 1, 1993, a report detailing its findings and make specific program, legislative, and funding recommendations and any other recommendations it deems appropriate.

Sec. 18   RCW 43.20A.790 and 1999 c 267 s 2 are each amended to read as follows:
     (1) The department shall collaborate with the department of community, trade, and economic development in the development of the 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. The plan for homeless families with children shall be coordinated with the state ending homelessness program strategic plan. In fulfilling its responsibilities to collaborate with the department of community, trade, and economic development pursuant to RCW 43.63A.650, the department shall develop, administer, supervise, and monitor its portion of the plan. The department's portion of the plan shall 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.
     (4) The department shall report upon performance measures quarterly to the department of community, trade, and economic development, via an electronic reporting system to be created by the department.

Sec. 19   RCW 43.330.167 and 2004 c 276 s 718 are each amended to read as follows:
     (1)(a) There is created in the custody of the state treasurer an account to be known as the homeless families services fund. Revenues to the fund consist of a one-time appropriation by the legislature, private contributions, and all other sources deposited in the fund.
     (b) Expenditures from the fund may only be used for the purposes of the program established in this section, including administrative expenses. Only the director of the department of community, trade, and economic development, or the director's designee, may authorize expenditures.
     (c) Expenditures from the fund are exempt from appropriations and the allotment provisions of chapter 43.88 RCW. However, money used for program administration by the department is subject to the allotment and budgetary controls of chapter 43.88 RCW, and an appropriation is required for these expenditures.
     (2) The department may expend moneys from the fund to provide state matching funds for housing-based supportive services for homeless families over a period of at least ten years.
     (3) Activities eligible for funding through the fund include, but are not limited to, the following:
     (a) Case management;
     (b) Counseling;
     (c) Referrals to employment support and job training services and direct employment support and job training services;
     (d) Domestic violence services and programs;
     (e) Mental health treatment, services, and programs;
     (f) Substance abuse treatment, services, and programs;
     (g) Parenting skills education and training;
     (h) Transportation assistance;
     (i) Child care; and
     (j) Other supportive services identified by the department to be an important link for housing stability.
     (4) Organizations that may receive funds from the fund include local housing authorities, nonprofit community or neighborhood-based organizations, public development authorities, federally recognized Indian tribes in the state, and regional or statewide nonprofit housing assistance organizations.
     (5) The homeless families services program shall be incorporated into the state ending homelessness strategic plan and, where applicable, with local ending homelessness plans. The homeless families services program shall report results quarterly to the department. The department shall conduct an annual performance evaluation of the homeless families services fund program.

Sec. 20   RCW 43.63A.650 and 1999 c 267 s 3 are each amended to read as follows:
     (1) The department shall be the principal state department responsible for coordinating federal and state resources and activities in housing, except for programs administered by the Washington state housing finance commission under chapter 43.180 RCW, and for evaluating the operations and accomplishments of other state departments and agencies as they affect housing.
     (2) The department shall work with local governments, tribal organizations, local housing authorities, nonprofit community or neighborhood-based organizations, for-profit developers, and regional or statewide nonprofit housing assistance organizations, for the purpose of coordinating federal and state resources with local resources for housing.
     (3) The department shall be the principal state department responsible for providing shelter and housing services to homeless families with children. The department shall have the principal responsibility to coordinate, plan, and oversee the state's activities for developing a coordinated and comprehensive plan to serve homeless families with children. The plan shall be developed collaboratively with the department of social and health services. 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. The department shall follow professionally recognized standards and procedures. The plan shall be implemented within amounts appropriated by the legislature for that specific purpose in the operating and capital budgets. The department shall submit the plan to the appropriate committees of the senate and house of representatives no later than September 1, 1999, and shall update the plan and submit it to the appropriate committees of the legislature by January 1st of every ((odd-numbered)) year through 2007. The plan shall address at least the following: (a) The need for prevention assistance; (b) the need for emergency shelter; (c) the need for transitional assistance to aid families into permanent housing; (d) the need for linking services with shelter or housing; and (e) the need for ongoing monitoring of the efficiency and effectiveness of the plan's design and implementation. The plan shall include performance measures to be determined by the department in collaboration with the department of social and health services. The department shall evaluate the plan and its results annually based upon the performance measures outlined in the plan.

Sec. 21   RCW 43.63A.655 and 1999 c 267 s 4 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 ((a)) the Washington homeless client management information system for the ongoing collection ((and analysis of)) and updates of information about all homeless individuals in the state.
     (2) The 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 data base with available housing and other supportive services. Local governments shall develop a capacity for continuous case management, which shall include independent living plans, when appropriate, to assist homeless persons.
     (3) Information about homeless individuals for the Washington homeless client management information system shall come from the Washington homeless client survey and other state agencies and community organizations serving homeless individuals and families.
     (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 extent and nature of homelessness in Washington state 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.
     (((2))) (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 be implemented by December 31, 2009, and updated with new homeless client information annually.

Sec. 22   RCW 74.50.060 and 1989 1st ex.s. c 18 s 3 are each amended to read as follows:
     (1) The department shall establish a shelter assistance program to provide, within available funds, shelter for persons eligible under this chapter. "Shelter," "shelter support," or "shelter assistance" means a facility under contract to the department providing room and board in a supervised living arrangement, normally in a group or dormitory setting, to eligible recipients under this chapter. This may include supervised domiciliary facilities operated under the auspices of public or private agencies. No facility under contract to the department shall allow the consumption of alcoholic beverages on the premises. The department may contract with counties and cities for such shelter services. To the extent possible, the department shall not displace existing emergency shelter beds for use as shelter under this chapter. In areas of the state in which it is not feasible to develop shelters, due to low numbers of people needing shelter services, or in which sufficient numbers of shelter beds are not available, the department may provide shelter through an intensive protective payee program, unless the department grants an exception on an individual basis for less intense supervision.
     (2) The department shall report annually to the appropriate committees of the legislature on performance measures established by the department.
     (3) The department of social and health services shall provide the annual report on program performance measures to the department of community, trade, and economic development, which shall include the information in the state affordable housing for all plan.
     (4) Persons continuously eligible for the general assistance--unemployable program since July 25, 1987, who transfer to the program established by this chapter, have the option to continue their present living situation, but only through a protective payee.

NEW SECTION.  Sec. 23   A new section is added to chapter 43.185C RCW to read as follows:
     The department, the Washington housing finance commission, the affordable housing advisory board, and all participating local governments, housing authorities, and other nonprofit organizations receiving state funds or financing through the housing finance commission, shall, by December 31, 2006, and annually thereafter, review current housing planning and reporting requirements related to housing programs and services and give recommendations to the legislature to streamline and simplify all planning and reporting requirements. The entities listed in this section shall also give recommendations for additional legislative actions that could promote the ending homelessness goal.

NEW SECTION.  Sec. 24   A new section is added to chapter 43.185C RCW to read as follows:
     (1) The interagency council on homelessness, as defined in RCW 43.185C.010, shall be convened not later than 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 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 and eliminate policies and actions which contribute to homelessness or interfere with its reduction;
     (d) Review and improve strategies for discharge from state institutions which contribute to homelessness;
     (e) Recommend and adopt new policies to improve practices and/or align resources, 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.

NEW SECTION.  Sec. 25   A new section is added to chapter 43.185C RCW to read as follows:
     (1) The department of social and health services shall report annually to the department and to the appropriate committees of the legislature on performance measures related to the housing status of very low-income clients and clients with disabilities in order to promote coordination with the efforts of other state agencies and local governments in ending homelessness. Such reports shall include performance measures to be determined by the department.
     (2) The department of social and health services shall estimate, in cooperation with the interagency council on homelessness, the total amount of the annual department of social and health services budget that could be saved by homeless clients obtaining and retaining stable housing and self-sufficiency.
     (3) The department of social and health services shall provide the annual report on program performance measures to the department.

NEW SECTION.  Sec. 26   A new section is added to chapter 43.185C RCW to read as follows:
     (1) The department of corrections shall report annually to the appropriate committees of the legislature on the housing status of inmates at the time of discharge and the housing status of clients under correctional supervision at a minimum of three, six, and twelve-month intervals to promote coordination of the efforts of the department with the efforts of other state agencies and local governments in ending homelessness. Such reports shall include performance measures to be determined by the department.     
     (2) The department of corrections shall provide the annual report on program performance measures to the department.

NEW SECTION.  Sec. 27   RCW 36.22.179 and 43.63A.655 are each recodified as sections in chapter 43.185C RCW.