Bill Text: CA AB90 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Federal Housing Trust Fund.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-10-09 - Chaptered by Secretary of State - Chapter 686, Statutes of 2015. [AB90 Detail]

Download: California-2015-AB90-Amended.html

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BILL NUMBER: AB 90	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly  Member   Atkins
  Members   Chau   and Atkins 

                        JANUARY 7, 2015

   An act to  amend Section 50408 of, and to  add Chapter
6.8 (commencing with Section 50676) to Part 2 of Division 31 
of   of,  the Health and Safety Code, relating to
housing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 90, as amended,  Atkins   Chau  .
Federal Housing Trust Fund. 
   Existing law establishes the multifamily housing program under the
administration of the Department of Housing and Community
Development to provide a standardized set of program rules and
features applicable to all housing types based on the department's
California Housing Rehabilitation Program. Existing law also
establishes the CalHome Program under the administration of the
department to provide grants and loans to enable low- and very low
income households to become or remain homeowners.  
   Existing law establishes the Department of Housing and Community
Development in the Business, Consumer Services, and Housing Agency.
The department is responsible for administering various housing and
home loan programs throughout the state. Existing law also
establishes the California Housing Finance Agency within the
department, and provides that the primary purpose of the agency is to
meet the housing needs of persons and families of low to moderate
income. 
   Existing federal law requires the Secretary of the Department of
Housing and Urban Development to establish a Housing Trust Fund to
provide grants to states to increase the supply of rental housing for
extremely low- and very low income families, including homeless
families, and homeownership for extremely low- and very low income
families.
   This bill would designate the Department of Housing and Community
Development as the state agency responsible for administering 
funds received by the state from  the federal Housing Trust
Fund.  The bill would require the department to administer
the federal funds pursuant to the multifamily housing program, except
that up to 10% of the funds may be appropriated by the Legislature
to the CalHome Program. The bill would require the department to
submit notifications with specified information relating to the
distribution, awarding, and expenditure of the federal funds, as
prescribed.   This bill would require the department to
administer the funds through programs that produce, preserve,
rehabilitate, or support the operation of rental housing for
extremely low income and very low income households, except that up
to 10% of funding may be used to support first-time homeownership for
extremely low income and very low income households. The bill would
require any project funded from the federal Housing Trust Fund to
restrict affordability for 55 years.  
   This bill would require the department to collaborate with the
California Housing Finance Agency to develop an allocation plan to
demonstrate how the funds will be distributed, based on the priority
housing needs identified in the state's consolidated plan, and to
convene a stakeholder process to inform the development of the plan.
The bill would require the allocation plan to give priority to
projects based on specified factors. The bill would require the
department to submit the plan to the Assembly Committee on Housing
and Community Development and the Senate Transportation and Housing
Committee 30 days after receipt of the federal funds.  
   Existing law requires, on or before December 31 of each year, the
department to submit an annual report, containing specified
information, to the Governor and both houses of the Legislature on
the operations and accomplishments during the previous fiscal year of
the housing programs administered by the department.  
   This bill would require that annual report to also include an
evaluation of any program established by the department to meet the
Federal Housing Trust Fund program guidelines. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 50408 of the   Health
and Safety Code   is amended to read: 
   50408.  (a) On or before December 31 of each year, the department
shall submit an annual report to the Governor and both houses of the
Legislature on the operations and accomplishments during the previous
fiscal year of the housing programs administered by the department,
including, but not limited to, the Emergency Housing and Assistance
Program and Community Development Block Grant activity.
   (b) The report shall include all of the following information:
   (1) The number of units assisted by those programs.
   (2) The number of individuals and households served and their
income levels.
   (3) The distribution of units among various areas of the state.
   (4) The amount of other public and private funds leveraged by the
assistance provided by those programs.
   (5) Information detailing the assistance provided to various
groups of persons by programs that are targeted to assist those
groups.
   (6) The information required to be reported pursuant to Section
17031.8.
   (7) An evaluation, in collaboration with the Department of
Veterans Affairs, of any program established by the department
pursuant to Article 3.2 (commencing with Section 987.001) of Chapter
6 of Division 4 of the Military and Veterans Code. 
   (8) An evaluation of any program established by the department to
meet the Federal Housing Trust Fund program guidelines. 
   SECTION 1.   SEC. 2.   Chapter 6.8
(commencing with Section 50676) is added to Part 2 of Division 31 of
the Health and Safety Code, to read:
      CHAPTER 6.8.  FEDERAL HOUSING TRUST FUND


   50676.  (a) The department is hereby designated as the state
agency responsible for administering funds received by the state from
the federal Housing Trust Fund pursuant to the Housing and Economic
Recovery Act of 2008 (Public Law 110-289), and implementing federal
regulations. 
   (b) The department shall administer the funds specified in
subdivision (a) pursuant to the state multifamily housing program
established in Chapter 6.7 (commencing with Section 50675), except
that up to 10 percent of the funds may be appropriated by the
Legislature to the CalHome Program established in Chapter 6
(commencing with Section 50650).  
   (c) The department shall amend its regulations, as needed, to
comply with federal law.  
   (d) The department shall submit both of the following to the
Legislature:  
   (1) A notification describing the department's plan for
distributing the funds, including a schedule for the release of all
funds, no later than 30 days after receipt of the federal funds.
 
   (2) A notification detailing the cumulative amounts of funds
awarded and expended, no later than 180 days after receipt of the
federal funds and on or before December 31 of each year thereafter.
 
   (b) The department shall administer the funds through programs
that produce, preserve, rehabilitate, or support the operation of
rental housing for extremely low income and very low income
households, except that up to 10 percent of funding may be used to
support first-time homeownership for extremely low income and very
low income households. Any project funded from the federal Housing
Trust Fund shall restrict affordability for 55 years.  
   (c) The department shall collaborate with the California Housing
Finance Agency to develop an allocation plan to demonstrate how the
funds shall be distributed, based on the priority housing needs
identified in the state's consolidated plan prepared in accordance
with Part 91 (commencing with Section 91.1) of Subtitle A of Title 24
of the Code of Federal Regulations. The department shall submit the
plan to the Assembly Committee on Housing and Community Development
and the Senate Transportation and Housing Committee 30 days after
receipt of the federal funds.  
   (d) The allocation plan shall give priority to projects based on:
 
   (1) Geographic diversity.  
   (2) The extent to which rents are affordable, especially to
extremely low income households.  
   (3) The merits of a project.  
   (4) Applicants readiness.  
   (5) The extent to which projects will use nonfederal funds. 

   50676.1.  The departments shall convene a stakeholder process to
inform the development of the allocation plan. Stakeholders
represented shall include, but not be limited to, organizations that
provide rental housing for extremely low income households and very
low income households or assist extremely low income households and
very low income households to become homeowners.