BILL REQ. #: H-5482.1
State of Washington | 60th Legislature | 2008 Regular Session |
READ FIRST TIME 02/12/08.
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.070, 43.185C.080, 43.185C.090, 43.185C.100, 43.185C.130, 43.185C.160, 43.185C.900, 36.22.179, 36.22.1791, 43.185C.170, 43.185C.180, 43.185B.030, 43.20A.790, 36.18.010, and 43.185C.150; adding new sections to chapter 43.185C RCW; creating new sections; and recodifying RCW 36.22.179, 36.22.1791, 43.20A.790, and 43.63A.650.
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)) December 31, 2018.
Sec. 2 RCW 43.185C.010 and 2007 c 427 s 3 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of community, trade, and
economic development.
(2) "Director" means the director of the department of community,
trade, and economic development.
(3) "Homeless person" means an individual living outside or in a
building not meant for human habitation or which they have no legal
right to occupy, in an emergency shelter, or in a temporary housing
program which may include a transitional and supportive housing program
if habitation time limits exist. This definition includes substance
abusers, people with mental illness, and sex offenders who are
homeless.
(4) "Washington homeless census" or "census" means ((an annual)) a
statewide census conducted at least annually as a collaborative effort
by towns, cities, counties, community-based organizations, and state
agencies, with the technical support and coordination of the
department, to count and collect ((data on)) information about all
homeless individuals in Washington.
(5) "Home security fund account" means the state treasury account
receiving the state's portion of income from revenue from the sources
established by RCW 36.22.179 (as recodified by this act), RCW
36.22.1791 (as recodified by this act), and all other sources directed
to the homeless housing and assistance program.
(6) "((Homeless housing)) Ending homelessness grant program" means
the ((vehicle by)) program established in RCW 43.185C.070, 43.185C.080,
and 43.185C.090 under which competitive grants are awarded by the
department, utilizing moneys from the ((homeless housing)) home
security fund account, to local governments for programs directly
related to ((housing homeless individuals and families,)) addressing
the root causes of homelessness, preventing homelessness, and
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.
(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.
Beginning in 2010, all local governments receiving over five hundred
thousand dollars a year during the previous calendar year from: State
housing-related funding sources, including the Washington housing trust
fund; the ending homelessness program surcharges in RCW 36.22.179 and
36.22.1791 (as recodified by this act); and any surcharges in this
chapter and the surcharges in RCW 36.22.178, shall apply to the
Washington state quality award program for an independent assessment of
its quality management, accountability, and performance system, once
every three years beginning by January 1, 2011.
(15) "Community action agency" means a nonprofit private or public
organization established under the economic opportunity act of 1964.
(((14))) (16) "Housing authority" means any of the public
corporations created by chapter 35.82 RCW.
(((15) "Homeless housing)) (17) "Ending homelessness program" means
the program authorized under this chapter as administered by the
department at the state level and by the local government or its
designated subcontractor at the local level.
(((16) "Homeless housing)) (18) "Local ending homelessness plan"
means the ((ten-year)) plan developed by the ((county or other)) local
government to address ((housing for homeless persons)) ending
homelessness.
(((17) "Homeless housing)) (19) "State ending homelessness
strategic plan" means the ((ten-year)) plan developed by the
department, in consultation with the interagency council on
homelessness, the state advisory council on homelessness, and the
affordable housing advisory board, to end homelessness.
(((18))) (20) "Washington homeless client management information
system" means a database of information about homeless individuals in
the state used to coordinate resources to assist homeless clients to
obtain and retain housing and reach greater levels of self-sufficiency
or economic independence when appropriate, depending upon their
individual situations.
(21) "Good family wage job" means a job that pays at or above one
of the two self-sufficiency income standards established under section
17 of this act which for an individual means enough income to support
one adult individual, and for a family means enough income to support
two adult individuals, one preschool-aged child, and one school-aged
child.
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 seventy percent by July 1, 2015, and an
ultimate goal of ending homelessness by December 31, 2018. 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. All performance measures must have targets
and timelines. The task force must also produce guidelines for local
governments regarding methods, techniques, and data suggested to
measure each performance measure. Performance measures, yearly
targets, and corresponding measurement guidelines must be established
by December 31, 2008, 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,
2010, unless the department finds that a performance measure is not
applicable to a specific local area according to parameters and
thresholds established by the department.
(c) Performance measures must be created, at a minimum, to gauge
the success of the state and each local government in the following
areas:
(i) The cost of ending homelessness in comparison with available
and committed resources;
(ii) The total capital and service dollars required statewide and
by county to meet the two goals outlined in RCW 43.185C.020, the
assessment of which must include a determination of the current
shortfall of funds as well as recommendations to reduce the total
amount of funds determined to be needed to meet the goals;
(iii) The self-sufficiency of persons in Washington;
(iv) The achievement of an appropriate level of self-sufficiency
for homeless individuals;
(v) The quality and completeness of the Washington homeless client
management information system database;
(vi) The quality of the performance management systems of state
agencies, local governments, and local government subcontractors
executing programs, as authorized by RCW 43.185C.080(1), that
contribute to the overall goal of ending homelessness; and
(vii) The quality of local ending homelessness plans.
Performance measurements are reported upon by city and county
geography, including demographics with yearly or more frequent targets.
(3) Interim goals against which state and local governments'
performance may be measured must also be described and reported upon in
the state ending homelessness strategic plan, including:
(a) ((By the end of year one, completion of the first census as
described in RCW 43.185C.030;)) By the end of each subsequent year, goals common to all state
and local programs which are measurable and the achievement of which
would move that community toward housing its homeless population; ((
(b)and)) (b) By July 1, 2015, reduction of the homeless population
statewide and in each county by ((
(c)fifty)) seventy percent; and
(c) By December 31, 2018, the reduction of the homeless population
statewide and in each county by one hundred percent, representing the
end of homelessness in Washington.
(((3))) (4) The department shall develop a consistent statewide
data gathering instrument to monitor the performance of cities and
counties receiving ending homelessness grants in order to determine
compliance with the terms and conditions set forth in the ending
homelessness grant application or required by the department.
(5) The department shall, in consultation with the interagency
council on homelessness, the state advisory council on homelessness,
and the affordable housing advisory board, report annually to the
governor and the appropriate committees of the legislature ((an
assessment of)) information about:
(a) All state programs addressing homeless housing and services;
(b) The state's performance in furthering the goals of the state
((ten-year homeless housing)) ending homelessness strategic plan; and
(c) The performance of each participating local government in
creating and executing a local ((homeless housing)) ending homelessness
plan ((which)) that meets the requirements of this chapter. ((The
annual report may include performance measures such as:)) (6) The state plan must also include a response to each
recommendation included in the local plans for policy changes to assist
in ending homelessness and a summary of the recommendations to the
legislature to streamline and simplify all homeless planning and
reporting requirements, as required in section 21 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)
(7) Based on the performance of local ((homeless housing)) ending
homelessness programs in meeting their interim goals, on general
population changes and on changes in the homeless population recorded
in the ((annual)) census, the department may revise the performance
measures and goals of the state ((homeless housing strategic plan))
ending homelessness plans, set goals for years following the initial
ten-year period, and recommend changes in local governments' ending
homelessness plans.
Sec. 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))
seventy percent by July 1, 2015, and an ultimate goal of ending
homelessness by December 31, 2018. ((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. Local plans must
specifically identify efforts to meet the needs of homeless students.
Each local plan must include the total estimated cost of accomplishing
the goals of the plan to reduce homelessness by seventy percent by July
1, 2015, and an ultimate goal of ending homelessness by December 31,
2018, 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 2008.
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 2008. A local government's
performance must be evaluated using, at a minimum, the performance
measures outlined in RCW 43.185C.040(2).
(ii) In addition to the performance measures mandated in RCW
43.185C.040(2), local plans may include specific local performance
measures adopted by the local government legislative authority((,)) and
((may)) must include recommendations for ((any)) state legislation
needed to meet the state or local plan goals. The recommendations must
be specific and must, if funding is required, include an estimated
amount of funding required and suggestions for an appropriate funding
source.
(2) Eligible activities under the local plans include:
(a) Rental and furnishing of dwelling units for the use of homeless
persons;
(b) Costs of developing affordable housing for homeless persons,
and services for formerly homeless individuals and families residing in
transitional housing or permanent housing and still at risk of
homelessness;
(c) Operating subsidies for transitional housing or permanent
housing serving formerly homeless families or individuals;
(d) Services to prevent homelessness, such as emergency eviction
prevention programs, including temporary rental subsidies to prevent
homelessness;
(e) Temporary services to assist persons leaving state institutions
and other state programs to prevent them from becoming or remaining
homeless;
(f) Outreach services for homeless individuals and families;
(g) Development and management of local ((homeless)) ending
homelessness plans, including homeless census data collection((;)) and
information, identification of goals, performance measures, strategies,
and costs, and evaluation of progress towards established goals;
(h) Rental vouchers payable to landlords for persons who are
homeless or below thirty percent of the median income or in immediate
danger of becoming homeless; ((and))
(i) Implementing a quality management program and applying to the
Washington state quality award program for an independent assessment of
quality management, accountability, and performance systems or applying
to the full examination Washington state quality award program; and
(j) Other activities to reduce and prevent homelessness as
identified for funding in the local plan.
Sec. 6 RCW 43.185C.070 and 2005 c 484 s 11 are each amended to
read as follows:
(1) During each calendar year in which moneys from the ((homeless
housing)) home security fund account are available for use by the
department for the ((homeless housing)) ending homelessness grant
program, the department shall announce to all Washington counties,
participating cities, and through major media throughout the state, a
grant application period of at least ninety days' duration. Grants may
be awarded for programs directly related to addressing the root causes
of homelessness, preventing homelessness, and collecting data and
information on homeless individuals. Only a local government
participating in the ending homelessness program is eligible to receive
an ending homelessness grant. This announcement will be made as often
as the director deems appropriate for proper utilization of resources.
The department shall then promptly grant as many applications as will
utilize available funds, less appropriate administrative costs of the
department as described in RCW 36.22.179 (as recodified by this act).
(2) The department ((will)) shall develop, ((with advice and input
from the affordable housing advisory board established in RCW
43.185B.020)) in consultation with the interagency council on
homelessness, criteria to evaluate grant applications.
(3) The department may approve only those applications ((only if
they)) that are consistent with the local and state ((homeless housing
program strategic)) ending homelessness plans. The department may give
preference to applications based on some or all of the following
criteria:
(a) The total homeless population in the applicant local government
service area, as reported by the most recent ((annual)) Washington
homeless census;
(b) Current local expenditures to provide housing for the homeless
and to address the underlying causes of homelessness as described in
RCW 43.185C.005;
(c) Local government and private contributions pledged to the
program in the form of matching funds, property, infrastructure
improvements, and other contributions; and the degree of leveraging of
other funds from local government or private sources for the program
for which funds are being requested, to include recipient contributions
to total project costs, including allied contributions from other
sources such as professional, craft, and trade services, and lender
interest rate subsidies;
(d) ((Construction projects or rehabilitation that will serve
homeless individuals or families for a period of at least twenty-five
years;)) The degree to which the applicant project represents a
collaboration between local governments, nonprofit community-based
organizations, local and state agencies, and the private sector((
(e) Projects which demonstrate serving homeless populations with
the greatest needs, including projects that serve special needs
populations;
(f),
especially through its integration with the coordinated and
comprehensive plan for homeless families with children required under
RCW 43.63A.650));
(((g))) (e) The cooperation of the local government in the
((annual)) Washington homeless census ((project));
(((h))) (f) The number of homeless censuses or other homeless
counts conducted by the local government beyond the annual census
requirement;
(g) The commitment of the local government and any subcontracting
local governments, nonprofit organizations, and for-profit entities to
employ a diverse work force and pay wages at or above the self-sufficiency standard;
(h) The commitment of the local government to apply to the
Washington state quality award program for an independent assessment of
its quality management, accountability, and performance system or apply
to the full examination Washington state quality award program;
(i) The extent that a local government's subcontractors commit to
apply to the Washington state quality award program for an independent
assessment of their quality management, accountability, and performance
systems or apply to the full examination Washington state quality award
program;
(j) The extent, if any, that the local homeless population is
disproportionate to the revenues collected under this chapter and RCW
36.22.178 and 36.22.179 (as recodified by this act); and
(((j))) (k) Other elements shown by the applicant to be directly
related to the goal and the department's state ending homelessness
strategic plan.
Sec. 7 RCW 43.185C.080 and 2005 c 484 s 12 are each amended to
read as follows:
(1) ((Only a local government is eligible to receive a homeless
housing grant from the homeless housing account. Any city may assert
responsibility for homeless housing within its borders if it so
chooses, by forwarding a resolution to the legislative authority of the
county stating its intention and its commitment to operate a separate
homeless housing program. The city shall then receive a percentage of
the surcharge assessed under RCW 36.22.179 equal to the percentage of
the city's local portion of the real estate excise tax collected by the
county. A participating city may also then apply separately for
homeless housing program grants. A city choosing to operate a separate
homeless housing program shall be responsible for complying with all of
the same requirements as counties and shall adopt a local homeless
housing plan meeting the requirements of this chapter for county local
plans. However, the city may by resolution of its legislative
authority accept the county's homeless housing task force as its own
and based on that task force's recommendations adopt a homeless housing
plan specific to the city.)) Local governments ((
(2)applying for homeless housing funds)) may
subcontract with any other local government, housing authority,
community action agency, or other nonprofit organization for the
execution of programs contributing to the overall goal of ending
homelessness within a defined service area. All subcontracts ((shall))
must be consistent with the local ((homeless housing)) ending
homelessness plan adopted by the legislative authority of the local
government, time limited, and filed with the department, and ((shall))
must have specific performance terms. Local governments must strongly
encourage all subcontractors under the ending homelessness program to
apply to the Washington state quality award program for an independent
assessment of their quality management, accountability, and performance
systems or apply to the full examination Washington state quality award
program. While a local government has the authority to subcontract
with other entities, the local government continues to maintain the
ultimate responsibility for the ((homeless housing)) ending
homelessness program within its ((borders)) jurisdiction.
(((3))) (2) A county may decline to participate in the program
authorized in this chapter by forwarding to the department a resolution
adopted by the county legislative authority stating the intention not
to participate. A copy of the resolution ((shall)) must also be
transmitted to the county auditor and treasurer. If ((such a)) the
resolution is adopted, all of the funds otherwise due to the county
under RCW ((43.185C.060 shall)) 36.22.179 and 36.22.1791 (as recodified
by this act), minus funds due to any city that has chosen to
participate through the process established in subsection (3) of this
section, must be remitted monthly to the state treasurer for deposit in
the ((homeless housing)) home security fund account, without any
reduction by the county for collecting or administering the funds.
Upon receipt of the resolution, the department shall promptly begin to
identify and contract with one or more entities eligible under this
section to create and execute a local ((homeless housing)) ending
homelessness plan for the county meeting the requirements of this
chapter. The department shall expend all of the funds received from
the county under this subsection to carry out the purposes of this
chapter ((484, Laws of 2005)) in the county, ((provided that)) but the
department may retain six percent of these funds to offset the cost of
managing the county's program.
(3) Any city may assert responsibility for homeless housing within
its borders, by forwarding a resolution to the legislative authority of
the county stating its intention and its commitment to operate a
separate ending homelessness program. A city choosing to operate a
separate ending homelessness program receives a percentage of the
surcharges assessed under RCW 36.22.179 and 36.22.1791 (as recodified
by this act) equal to the percentage of the city's local portion of the
real estate excise tax collected by the county. A participating city
may also then apply separately for ending homelessness grants. A city
choosing to operate a separate ending homelessness program must comply
with all of the same requirements as counties and shall adopt a local
ending homelessness plan meeting the requirements of this chapter for
local ending homelessness plans.
(4) A resolution by the county declining to participate in the
program ((shall have)) has no effect on the ((ability)) authority of
each city in the county to assert its right to manage its own program
under this chapter, and the county shall monthly transmit to the city
the funds due under ((this chapter)) RCW 36.22.179 and 36.22.1791 (as
recodified by this act).
Sec. 8 RCW 43.185C.090 and 2005 c 484 s 13 are each amended to
read as follows:
The department shall allocate ending homelessness grant moneys from
the ((homeless housing)) home security fund account to finance in whole
or in part programs and projects in approved local ((homeless housing))
ending homelessness plans ((to assist homeless individuals and families
gain access to adequate housing, prevent at-risk individuals from
becoming homeless, address the root causes of homelessness, track and
report on homeless-related data, and facilitate the movement of
homeless or formerly homeless individuals along the housing continuum
toward more stable and independent housing)) for programs directly
related to addressing the root causes of homelessness, preventing
homelessness, and collecting data and information on homeless
individuals. The department may issue criteria or guidelines to guide
local governments in the application process.
Sec. 9 RCW 43.185C.100 and 2005 c 484 s 14 are each amended to
read as follows:
The department shall provide technical assistance to any
participating local government that requests such assistance.
Technical assistance activities may include:
(1) Assisting local governments to identify appropriate parties to
participate on local ((homeless housing)) ending homelessness task
forces;
(2) Assisting local governments to identify appropriate service
providers with which the local governments may subcontract for service
provision and development activities, when necessary;
(3) Assisting local governments to implement or expand homeless
census programs to meet ((homeless housing)) ending homelessness
program requirements;
(4) Assisting local governments in the local implementation and
updating of the homeless client management information system as
required in RCW 43.185C.180;
(5) Assisting local governments to apply to the Washington state
quality award program for an independent assessment of their quality
management, accountability, and performance systems or apply to the
full examination Washington state quality award program;
(6) Assisting local governments to strongly encourage all
subcontractors to apply to the Washington state quality award program
for an independent assessment of their quality management,
accountability, and performance systems or apply to the full
examination Washington state quality award program;
(7) Assisting local governments to create quality ending
homelessness plans;
(8) Assisting in the identification of "best practices" from other
areas;
(((5))) (9) Assisting in identifying additional funding sources for
specific projects; and
(((6))) (10) Training local government and subcontractor staff,
including quality management training.
Sec. 10 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. 11 RCW 43.185C.160 and 2005 c 485 s 1 are each amended to
read as follows:
(1) Each county shall create ((a homeless housing)) an ending
homelessness task force to develop a ((ten-year homeless housing))
ending homelessness plan addressing short-term and long-term services
and housing ((for homeless persons)) to prevent and reduce homelessness
by seventy percent by July 1, 2015, and to achieve the ultimate goal of
ending homelessness by December 31, 2018.
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. 12 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. 13 RCW 36.22.179 and 2007 c 427 s 4 are each amended to read
as follows:
(1) In addition to the surcharge authorized in RCW 36.22.178, and
except as provided in subsection (2) of this section, an additional
surcharge of ten dollars shall be charged by the county auditor for
each document recorded, which will be in addition to any other charge
allowed by law. The funds collected pursuant to this section are to be
distributed and used as follows:
(a) The auditor shall retain two percent for collection of the fee,
and of the remainder shall remit sixty percent to the county to be
deposited into a fund that must be used by the county and its cities
and towns to accomplish the purposes of this chapter, six percent of
which may be used by the county for administrative costs related to its
((homeless housing)) ending homelessness plan, and the remainder for
programs which directly accomplish the goals of the county's local
((homeless housing)) ending homelessness plan, except that for each
city in the county which elects as authorized in RCW 43.185C.080 to
operate its own local ((homeless housing)) ending homelessness program,
a percentage of the surcharge assessed under this section equal to the
percentage of the city's local portion of the real estate excise tax
collected by the county shall be transmitted at least quarterly to the
city treasurer, without any deduction for county administrative costs,
for use by the city for program costs which directly contribute to the
goals of the city's local ((homeless housing)) ending homelessness
plan; of the funds received by the city, it may use six percent for
administrative costs for its ((homeless housing)) ending homelessness
program.
(b) The auditor shall remit the remaining funds to the state
treasurer for deposit in the home security fund account. The
department may use twelve and one-half percent of this amount for
administration of the program established in RCW 43.185C.020, including
the costs of creating the statewide ((homeless housing)) ending
homelessness strategic plan, measuring performance, providing technical
assistance to local governments, and managing the ((homeless housing))
ending homelessness grant program. The remaining eighty-seven and one-half percent is to be used by the department to:
(i) Provide housing and shelter for homeless people including, but
not limited to: Grants to operate, repair, and staff shelters; grants
to operate transitional housing; partial payments for rental
assistance; consolidated emergency assistance; overnight youth
shelters; and emergency shelter assistance; and
(ii) Fund the ((homeless housing)) ending homelessness grant
program.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
Sec. 14 RCW 36.22.1791 and 2007 c 427 s 5 are each amended to
read as follows:
(1) In addition to the surcharges authorized in RCW 36.22.178 and
36.22.179 (as recodified by this act), and except as provided in
subsection (2) of this section, the county auditor shall charge an
additional surcharge of eight dollars for each document recorded, which
is in addition to any other charge allowed by law. The funds collected
under this section are to be distributed and used as follows:
(a) The auditor shall remit ninety percent to the county to be
deposited into a fund six percent of which may be used by the county
for administrative costs related to its ((homeless housing)) ending
homelessness plan, and the remainder for programs that directly
accomplish the goals of the county's local ((homeless housing)) ending
homelessness plan, except that for each city in the county that elects,
as authorized in RCW 43.185C.080, to operate its own ((homeless
housing)) ending homelessness program, a percentage of the surcharge
assessed under this section equal to the percentage of the city's local
portion of the real estate excise tax collected by the county must be
transmitted at least quarterly to the city treasurer for use by the
city for program costs that directly contribute to the goals of the
city's ((homeless housing)) ending homelessness plan.
(b) The auditor shall remit the remaining funds to the state
treasurer for deposit in the home security fund account. The
department may use the funds for administering the program established
in RCW 43.185C.020, including the costs of creating and updating the
statewide ((homeless housing)) ending homelessness strategic plan,
measuring performance, providing technical assistance to local
governments, and managing the ((homeless housing)) ending homelessness
grant program. Remaining funds may also be used to:
(i) Provide housing and shelter for homeless people including, but
not limited to: Grants to operate, repair, and staff shelters; grants
to operate transitional housing; partial payments for rental
assistance; consolidated emergency assistance; overnight youth
shelters; and emergency shelter assistance; and
(ii) Fund the ((homeless housing)) ending homelessness grant
program.
(2) The surcharge imposed in this section does not apply to
assignments or substitutions of previously recorded deeds of trust.
Sec. 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 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 shall come from the
Washington homeless census ((and)), from state agencies, and from
community organizations providing services to homeless individuals and
families. Personally identifying information about homeless
individuals for the Washington homeless client management system may
only be collected after having obtained informed, reasonably time
limited written consent from the homeless individual to whom the
information relates. Data collection ((shall)) must be done in a
manner consistent with federally informed consent guidelines regarding
human research which, at a minimum, require that individuals be
informed about the expected duration of their participation, an
explanation of whom to contact for answers to pertinent questions about
the data collection and their rights regarding their personal
identifying information, an explanation regarding whom to contact in
the event of injury to the individual related to the homeless client
survey, a description of any reasonably foreseeable risks to the
homeless individual, and a statement describing the extent to which
confidentiality of records identifying the individual will be
maintained.
(3) The Washington homeless client management information system
shall serve as an online information and referral system to enable
local governments and providers to connect homeless persons in the
database with available housing and other support services. Local
governments shall develop a capacity for continuous case management,
including independent living plans, when appropriate, to assist
homeless persons.
(4) The information in the Washington homeless client management
information system will also provide the department with the
information to consolidate and analyze data about the extent and nature
of homelessness in Washington state, giving emphasis to information
about the extent and nature of homelessness in Washington state among
families with children.
(5) The system may be merged with other data gathering and
reporting systems and shall:
(a) Protect the right of privacy of individuals;
(b) Provide for consultation and collaboration with all relevant
state agencies, including the department of social and health services,
experts, and community organizations involved in the delivery of
services to homeless persons; and
(c) Include related information held or gathered by other state
agencies.
(6) Within amounts appropriated by the legislature, for this
specific purpose, the department shall evaluate the information
gathered and disseminate the analysis and the evaluation broadly, using
appropriate computer networks as well as written reports.
(7) The Washington homeless client management information system
((shall)) must be implemented by December 31, 2009, and updated with
new homeless client information at least ((annually)) twice each year.
NEW SECTION. Sec. 17 A new section is added to chapter 43.185C
RCW to read as follows:
The department shall contract with the employment security
department to annually establish two self-sufficiency income standards
based upon the cost of living, including housing costs, which include
mortgage or rent payments and utilities other than telephone, for each
county in the state. The self-sufficiency income standards must be
based upon the costs needed to support: (1) One adult individual; and
(2) two adult individuals and one preschool-aged child and one school-aged child. These income standards will be translated into an
equivalent hourly wage rate assuming one full-year, full-time earner
for the self-sufficiency income standards for each county. The self-sufficiency income standards must be presented to the legislature by
December 31, 2009. The employment security department must spend no
more than one hundred ten thousand dollars in creating the initial
self-sufficiency income standards and no more than fifty-five thousand
dollars annually to update the standards. The employment security
department shall deliver a report to the department and the appropriate
committees of the legislature that details the number and percentage of
individuals statewide and in each county who do not have a good family
wage job and, as a result, earn less than the self-sufficiency income
standards, as well as the number and percentage of individuals
statewide and in each county who have a good family wage job and, as a
result, earn an amount equivalent to or more than the self-sufficiency
income standards.
Sec. 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, 2010. Each audit
must take no longer than six months or one hundred 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.))
NEW SECTION. Sec. 21 A new section is added to chapter 43.185C
RCW to read as follows:
The department shall collaborate with the Washington state housing
finance commission, the affordable housing advisory board, and all
local governments, housing authorities, and nonprofits receiving state
housing funds, home security funds, or financing through the housing
finance commission to include in the state ending homelessness plan, by
December 31, 2009, recommendations, where possible:
(1) To streamline and simplify all housing planning, application,
and reporting requirements; and
(2) For legislative actions that could promote the state goal to
end homelessness.
Sec. 22 RCW 36.18.010 and 2007 c 523 s 2 are each 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 two-dollar surcharge to be
deposited into the Washington state heritage center account created in
RCW 43.07.129;
(12) For recording instruments, a surcharge as provided in RCW
36.22.178; ((and))
(13) 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); and
(14) 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
36.22.1791 (as recodified by this act).
Sec. 23 RCW 43.185C.150 and 2005 c 484 s 21 are each amended to
read as follows:
This chapter does not require either the department or any local
government to expend any funds to accomplish the goals of this chapter
other than the revenues authorized in chapter 484, Laws of 2005 and the
revenues authorized in RCW 36.22.1791 (as recodified by this act).
However, neither the department nor any local government may use any
funds authorized in chapter 484, Laws of 2005 or the revenues
authorized in RCW 36.22.1791 (as recodified by this act) to supplant or
reduce any existing expenditures of public money for the reduction or
prevention of homelessness or services for homeless persons.
NEW SECTION. Sec. 24 RCW 36.22.179, 36.22.1791, 43.20A.790, and
43.63A.650 are each recodified as sections in chapter 43.185C RCW.
NEW SECTION. Sec. 25 The department of community, trade, and
economic development shall contract with the Washington institute for
public policy to conduct a study to determine the most effective,
accurate, and comprehensive way for counties and the state of
Washington to measure and evaluate the societal cost of homelessness.
The department shall not spend more than one hundred thousand dollars
on the study, and the results of the study must be presented to the
appropriate committees of the legislature by June 30, 2009.
NEW SECTION. Sec. 26 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2008, in the omnibus appropriations act, this act
is null and void.