Bill Text: CA AB90 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: AB 90 CHAPTERED
BILL TEXT
CHAPTER 686
FILED WITH SECRETARY OF STATE OCTOBER 9, 2015
APPROVED BY GOVERNOR OCTOBER 9, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly 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, the
Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 90, Chau. Federal Housing Trust Fund.
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 home ownership 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. This bill
would require the department to administer the funds through existing
or newly created 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 home ownership for extremely low income and very low
income households. The bill would require any rental project funded
from the federal Housing Trust Fund to restrict affordability for 55
years, as specified, and require any home ownership program funded
from the federal Housing Trust Fund to restrict affordability for 30
years, as specified.
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 and guidelines 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.
The bill would authorize the department to adopt, amend, or repeal
guidelines to implement these provisions. The bill would exempt
these guidelines from the Administrative Procedure Act.
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
legal requirements of the Federal Housing Trust Fund program
guidelines.
This bill would incorporate additional changes to Section 50408 of
the Healthy and Safety Code proposed by AB 388 that would become
operative if this bill and AB 388 are enacted and this bill is
enacted last.
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 legal requirements of the Federal Housing Trust Fund program
guidelines.
SEC. 1.5. 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) (A) 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, including
information relating to the effectiveness of assisted projects in
helping veterans occupying any supportive housing or transitional
housing development that was issued funds pursuant to that article.
(B) The evaluation shall include, but is not limited to, the
following information:
(i) Performance outcome data including, but not limited to,
housing stability, housing exit information, and tenant satisfaction,
which may be measured by a survey, and changes in income, benefits,
and education.
(I) For purposes of this paragraph, the term "housing stability"
includes, but is not limited to, how many tenants exit transitional
housing to permanent housing or maintain permanent housing, and the
length of time those tenants spent in assisted units.
(II) For purposes of this paragraph, the term "housing exit
information" includes, but is not limited to, the following:
(ia) How many tenants left assisted units.
(ib) The length of tenancy in assisted units.
(ic) The reason those tenants left assisted units, when that
information is readily obtainable.
(id) The housing status of a tenant exiting an assisted unit upon
exit when that information is readily available.
(ii) Client data, which may include, but is not limited to,
demographic characteristics of the veteran and his or her family,
educational and employment status of the veteran, and
veteran-specific information including, but not limited to,
disability ratings, type of discharge, branch, era of service, and
veterans affairs health care eligibility.
(8) An evaluation of any program established by the department to
meet the legal requirements of the Federal Housing Trust Fund program
guidelines.
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 through any existing
or newly created 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 home ownership for extremely low income and
very low income households. Any rental project funded from the
federal Housing Trust Fund shall restrict affordability for 55 years
through a recorded and enforceable affordability covenant. Any home
ownership program funded from the federal Housing Trust Fund shall
restrict affordability for 30 years through either a recorded and
enforceable affordability covenant or a recorded and enforceable
equity recapture agreement.
(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 and guidelines 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. (a) 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.
(b) The department may adopt, amend, or repeal guidelines to
implement this chapter. Any guidelines adopted to implement this
chapter shall not be subject to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 3. Section 1.5 of this bill incorporates amendments to
Section 50408 of the Health and Safety Code proposed by both this
bill and Assembly Bill 388. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2016, (2) each bill amends Section 50408 of the Health and Safety
Code, and (3) this bill is enacted after Assembly Bill 388, in which
case Section 1 of this bill shall not become operative.
