Amended  IN  Senate  August 31, 2021
Amended  IN  Assembly  April 20, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1095

Introduced by Assembly Member Cooley

February 18, 2021

An act to amend Sections 75210, 75212, and 75215 of, and to add Section 75218.2 to, the Public Resources Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1095, as amended, Cooley. Affordable rental and owner-occupied housing: parity in state and local programs.
Existing law establishes various programs and incentives intended to promote the development of affordable housing, including, among others, the Affordable Housing and Sustainable Communities Program.
Existing law establishes the Strategic Growth Council and sets forth its powers and duties relating to developing and administering a program for the purpose of reducing greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development and that support other related and coordinated public policy objectives, including, among others, preserving and developing affordable housing for lower income households.
Existing law specifies the types of projects eligible for funding under the program, including, among others, certain affordable housing projects. Existing law requires the council to develop guidelines and selection criteria for the implementation of the program, as specified.
This bill would state the intent of the Legislature to enact legislation relating to the equal treatment of home ownership in state and local affordable housing programs for a specified reason. The bill would specify that the affordable housing referenced by those provisions includes rental and owner-occupied units. The bill would require the council to adopt guidelines or selection criteria that include both affordable housing rental units and owner-occupied affordable housing units. The bill, for notices of funding availability released after July 1, 2022, would prohibit the council from excluding, either explicitly or in effect, excluding projects that provide homeownership home ownership opportunities for low-income individuals from the award of funds under the program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares that it is the intent of the Legislature to enact legislation relating to the equal treatment of home ownership in state and local affordable housing programs because it is important for builders of home ownership opportunities for low-income families to compete equally for state and local resources.

SEC. 2.

 Section 75210 of the Public Resources Code is amended to read:

75210.
 The council shall develop and administer the Affordable Housing and Sustainable Communities Program to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development, and that support related and coordinated public policy objectives, including the following:
(a) Reducing air pollution.
(b) Improving conditions in disadvantaged communities.
(c) Supporting or improving public health and other cobenefits as defined in Section 39712 of the Health and Safety Code.
(d) Improving connectivity and accessibility to jobs, housing, and services.
(e) Increasing options for mobility, including the implementation of the Active Transportation Program established pursuant to Section 2380 of the Streets and Highways Code.
(f) Increasing transit ridership.
(g) Preserving and developing affordable rental and owner-occupied housing for lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(h) Protecting agricultural lands to support infill development.

SEC. 3.

 Section 75212 of the Public Resources Code is amended to read:

75212.
 Projects eligible for funding pursuant to the program include any of the following:
(a) Intermodal, affordable rental or owner-occupied housing projects that support infill and compact development.
(b) Transit capital projects and programs supporting transit ridership, including water-borne transit.
(c) Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations.
(d) Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects.
(e) Transit-oriented development projects, including affordable rental or owner-occupied housing and infrastructure at or near transit stations or connecting those developments to transit stations.
(f) Capital projects that implement local complete streets programs.
(g) Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community.
(h) Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance.
(i) Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development.

SEC. 4.

 Section 75215 of the Public Resources Code is amended to read:

75215.
 (a) Prior to awarding funds under the program, the council, in coordination with the member agencies and departments of the council, the State Air Resources Board, and other state entities, as needed, shall develop guidelines and selection criteria for the implementation of the program.
(b) Prior to adoption of the guidelines and the selection criteria, the council shall conduct at least two public workshops to receive and consider public comments. One workshop shall be held at a location in northern California and one workshop shall be held at a location in southern California.
(c) The council shall publish the draft guidelines and selection criteria on its internet website at least 30 days prior to the public meetings.
(d) In adopting the guidelines and selection criteria, the council shall consider the comments from local governments, regional agencies, and other stakeholders. The council shall conduct outreach to disadvantaged communities to encourage comments on the draft guidelines from those communities.
(e) The council shall adopt guidelines or selection criteria that include both affordable housing rental units and owner-occupied affordable housing units.
(f) Program guidelines may be revised by the council to reflect changes in program focus or need. Outreach to stakeholders shall be conducted, pursuant to subdivisions (a), (b), and (c) before the council adopts changes to guidelines.
(g) Upon the adoption of the guidelines and selection criteria, the council shall, pursuant to Section 9795 of the Government Code, submit copies of the guidelines to the fiscal and appropriate policy committees of the Legislature.
(h) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of the guidelines and selection criteria pursuant to this section.

SEC. 5.

 Section 75218.2 is added to the Public Resources Code, to read:

75218.2.
 For notices of funding availability released after July 1, 2022, the council shall not exclude, either explicitly or in effect, exclude projects that provide homeownership home ownership opportunities for low-income individuals from the award of funds under the program.