BILL REQ. #: H-1858.1
State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/13/07.
AN ACT Relating to programs to end homelessness; amending RCW 43.185C.005, 43.185C.010, 43.185C.020, 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, 43.185C.170, 43.185C.180, 43.185B.030, 43.20A.790, and 43.63A.650; reenacting and amending RCW 36.18.010; adding new sections to chapter 43.185C RCW; recodifying RCW 36.22.179, 43.20A.790, and 43.63A.650; and making appropriations.
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)) 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
illness and 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.
Sec. 2 RCW 43.185C.010 and 2006 c 349 s 6 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)) living outside, in a building not
meant for human habitation or which he or she has no legal right to
occupy, in an emergency shelter, or in a temporary housing program that
may include a transitional and supportive housing program if habitation
time limits exist. This definition includes substance abusers,
((mentally ill people)) individuals 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) "((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) and other revenue sources directed to the ending homelessness
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)) 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
and information on homeless individuals, and other efforts directly
related to housing homeless persons.
(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;
and (f) the office of the superintendent of public instruction.
(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 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 from
(a) state funding sources, including the housing trust fund, (b)
housing finance commission programs, and (c) the ending homelessness
program surcharge in RCW 36.22.179 (as recodified by this act) and the
surcharges in RCW 36.22.178, shall apply to the full examination
Washington state quality award program once every three years beginning
by January 1, 2010. The department and the Washington state housing
finance commission must apply to the full examination Washington state
quality award program by December 31, 2009, and at least once every
three years thereafter.
(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 address ending 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.
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)) 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 fifty percent by July 1, 2015, and an
ultimate goal of ending homelessness. 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. 4 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)) 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)). 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. 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, 2007, 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,
2009, 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 societal cost of homelessness;
(ii) The cost of ending homelessness in comparison with available
and committed resources;
(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; and
(b)
(((c))) (b) By July 1, 2015, reduction of the homeless population
statewide and in each county by fifty percent.
(((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)) the fiscal and societal costs of the homeless crisis,
including identifying, to the extent practical, savings in state and
local program costs that could be obtained through the achievement of
stable housing for the clients served by those programs.
(6) The department shall also deliver a summary annual report,
including 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:)) (7) 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, as required in section 24 of this act.
(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)
(8) 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. 5 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
percent by July 1, 2015. ((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,
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, short-term homeless, families, individuals, and youth. Each local plan must
include the total estimated cost of accomplishing the goals of the plan
to reduce homelessness by fifty percent by July 1, 2015, and must
include an accounting of total committed funds for this purpose.
(b)(i) The department must conduct an annual performance evaluation
of each local plan by December 31st of each year beginning in 2007.
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 2007. 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
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. 6 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. 7 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. 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;
(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));
(h) The number of homeless censuses or other homeless counts
conducted by the local government beyond the annual census requirement;
(i) 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;
(j) The commitment of the local government to apply to the full
examination Washington state quality award program;
(((i))) (k) The extent that a local government's subcontractors
commit to apply to the full examination Washington state quality award
program;
(l) 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))) (m) Other elements shown by the applicant to be directly
related to the goal and the department's state ending homelessness
strategic plan.
Sec. 8 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 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 (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))
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 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
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 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 (as recodified by
this act).
Sec. 9 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)) 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, when appropriate, independent housing and
economic independence. The department may issue criteria or guidelines
to guide local governments in the application process.
Sec. 10 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 full examination
Washington state quality award program;
(6) Assisting local governments to strongly encourage all
subcontractors to 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. 11 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. 12 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 fifty percent by 2015.
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) Supportive housing for chronically homeless persons; ((and)) (f) Long-term housing; and
(e)
(g) 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. 13 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. 14 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) 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 chapter ((484, Laws of 2005))
43.185C RCW, six percent of which may be used by the county for
administrative costs related to its ((homeless housing)) local ending
homelessness plan, and the remainder for programs which directly
accomplish the goals of the county's ((homeless housing)) local 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)) local 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)) local 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 ((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, 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 grant
program)) 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 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. 15 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 must also address the results of the
department's evaluations of the operations and accomplishments of other
state departments and agencies as they affect housing as required by
RCW 43.63A.650 (as recodified by this act).
(5) All state agencies with representation on the interagency
council on homelessness shall assist the department in determining the
societal cost of homelessness to the state by supplying the department
with appropriate data and cost information.
(6) 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. 16 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, including information
from reports regarding homeless school children, shall come from the
Washington homeless census and from state agencies and community
organizations providing services to homeless individuals ((and)),
families, and children. 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. 17 A new section is added to chapter 43.185C
RCW to read as follows:
The employment security department shall annually establish a self-sufficiency standard based upon the cost of living, including housing
costs, which include mortgage or rent payments and utilities other than
telephone, for each county and major city in the state. The first
self-sufficiency standard must be presented to the legislature by
December 31, 2008. The employment security department must spend no
more than one hundred thousand dollars in creating the initial self-sufficiency standard and no more than twenty-five thousand dollars
annually to update the standard. The employment security department
shall deliver a report to the department of community, trade, and
economic development and the appropriate committees of the legislature
that details the number and percentage of individuals and households
statewide and in each county who earn less than the self-sufficiency
standard.
Sec. 18 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; 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 standard, established under section 17 of this act, and
housing affordability, and make specific program, legislative, and
funding recommendations and any other recommendations it deems
appropriate.
NEW SECTION. Sec. 19 A new section is added to chapter 43.185C
RCW to read as follows:
The joint legislative audit and review committee shall conduct a
performance audit of the ending homelessness program every four years.
The first audit must be conducted by December 31, 2009. Each audit
must take no longer than six months or fifty thousand dollars to
complete.
Sec. 20 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. 21 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. The department shall conduct annual
performance evaluations of all state department and agency services
provided to homeless clients, programs intended to address the
prevention of homelessness, and all other housing programs and
activities. The department shall provide copies of the evaluation
reports to the appropriate committees of the legislature and the
interagency council on homelessness by December 31st of each year
beginning in 2007.
(2) The department shall work with local governments, tribal
organizations, local housing authorities, nonprofit community or
neighborhood-based organizations, 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
individuals and 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 state
ending homelessness strategic plan to serve all homeless individuals
and families ((with children)) in Washington as required under RCW
43.185C.040. ((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.))
NEW SECTION. Sec. 22 The sum of fifty thousand dollars, or as
much thereof as may be necessary, is appropriated for the fiscal year
ending June 30, 2008, from the general fund to the ending homelessness
account to be distributed by the department of community, trade, and
economic development to five housing authorities, using a selection
method and distribution formula to be determined by the department, to
implement or improve an existing quality management program and prepare
and submit an application to the full examination Washington state
quality award program by December 31, 2009.
NEW SECTION. Sec. 23 The sum of fifty thousand dollars, or as
much thereof as may be necessary, is appropriated for the fiscal year
ending June 30, 2008, from the general fund to the ending homelessness
account to be distributed by the department of community, trade, and
economic development to five community action agencies, using a
selection method and distribution formula to be determined by the
department, to implement or improve an existing quality management
program and prepare and submit an application to the full examination
Washington state quality award program by December 31, 2009.
NEW SECTION. Sec. 24 A new section is added to chapter 43.185C
RCW to read as follows:
(1) The department, the Washington state housing finance
commission, the affordable housing advisory board, the interagency
council on homelessness, and all participating county governments, city
governments, housing authorities, and other nonprofit organizations
receiving state funds, ending homelessness surcharge funds, or
financing through the housing finance commission shall, by December 31,
2007, and annually thereafter, review current homeless housing
reporting requirements related to homeless housing programs and
services and provide recommendations to the legislature to streamline
and simplify all homeless planning and reporting requirements. The
entities listed in this section shall also provide recommendations for
additional legislative actions that could promote the ending
homelessness goal.
(2) The department shall collaborate with the Washington state
housing finance commission and representatives from statewide
organizations representing counties, cities, housing authorities,
nonprofit groups involved in homeless programs, and other interested
parties, to create a strategy to streamline and, when possible,
consolidate state and local government reporting requirements to
address the inefficiencies associated with multiple reporting
requirements. The department shall present the strategy to the
appropriate committees of the legislature by December 31, 2007.
Sec. 25 RCW 36.18.010 and 2005 c 484 s 19 and 2005 c 374 s 1 are
each reenacted and amended to read as follows:
County auditors or recording officers shall collect the following
fees for their official services:
(1) For recording instruments, for the first page eight and one-half by fourteen inches or less, five dollars; for each additional page
eight and one-half by fourteen inches or less, one dollar. The fee for
recording multiple transactions contained in one instrument will be
calculated for each transaction requiring separate indexing as required
under RCW 65.04.050 as follows: The fee for each title or transaction
is the same fee as the first page of any additional recorded document;
the fee for additional pages is the same fee as for any additional
pages for any recorded document; the fee for the additional pages may
be collected only once and may not be collected for each title or
transaction;
(2) For preparing and certifying copies, for the first page eight
and one-half by fourteen inches or less, three dollars; for each
additional page eight and one-half by fourteen inches or less, one
dollar;
(3) For preparing noncertified copies, for each page eight and one-half by fourteen inches or less, one dollar;
(4) For administering an oath or taking an affidavit, with or
without seal, two dollars;
(5) For issuing a marriage license, eight dollars, (this fee
includes taking necessary affidavits, filing returns, indexing, and
transmittal of a record of the marriage to the state registrar of vital
statistics) plus an additional five-dollar fee for use and support of
the prevention of child abuse and neglect activities to be transmitted
monthly to the state treasurer and deposited in the state general fund
plus an additional ten-dollar fee to be transmitted monthly to the
state treasurer and deposited in the state general fund. The
legislature intends to appropriate an amount at least equal to the
revenue generated by this fee for the purposes of the displaced
homemaker act, chapter 28B.04 RCW;
(6) For searching records per hour, eight dollars;
(7) For recording plats, fifty cents for each lot except cemetery
plats for which the charge shall be twenty-five cents per lot; also one
dollar for each acknowledgment, dedication, and description: PROVIDED,
That there shall be a minimum fee of twenty-five dollars per plat;
(8) For recording of miscellaneous records not listed above, for
the first page eight and one-half by fourteen inches or less, five
dollars; for each additional page eight and one-half by fourteen inches
or less, one dollar;
(9) For modernization and improvement of the recording and indexing
system, a surcharge as provided in RCW 36.22.170;
(10) For recording an emergency nonstandard document as provided in
RCW 65.04.047, fifty dollars, in addition to all other applicable
recording fees;
(11) For recording instruments, a surcharge as provided in RCW
36.22.178; ((and)) (12) For recording instruments, except for documents
recording a birth, marriage, divorce, or death or any documents
otherwise exempted from a recording fee under state law, a surcharge as
provided in RCW 36.22.179 (as recodified by this act).
[(12)]
NEW SECTION. Sec. 26 RCW 36.22.179, 43.20A.790, and 43.63A.650
are each recodified as sections in chapter 43.185C RCW.