BILL NUMBER: SB 550 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Jackson
FEBRUARY 22, 2013
An act to add Chapter 6.25 (commencing with Section 50655.1) to
Part 2 of Division 31 of the Health and Safety Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 550, as introduced, Jackson. Accessible housing.
Existing law establishes various programs under the Department of
Housing and Community Development, including the California Housing
Rehabilitation Program for the development of low-income and
multifamily rental housing in the state. Existing law creates the
Multifamily Housing Program under the department to provide a
standardized set of program rules and features applicable to all
housing types based on the existing California Housing Rehabilitation
Program. Among other things, the program provides financial
assistance to fund projects for, among other things, the development
and construction of new, and rehabilitation or acquisition and
rehabilitation of, existing, transitional, or rental housing
developments, and establishes a project selection process for loans
for these projects. Existing law also requires the department to
establish a program for the purpose of housing assistance for the
physically or developmentally disabled, or mentally disordered.
This bill would create the Accessible Multifamily Housing Act of
2013, which would require new and substantially rehabilitated
assisted multifamily housing projects, as defined, for which building
permits are issued on and after July 1, 2014, to be designed and
constructed to be readily accessible to and usable by individuals
with mobility, vision, and hearing impairments, as specified.
By imposing additional enforcement duties on local officials, this
bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) There exists within the urban and rural areas of the state a
significant number of people with disabilities who lack accessible,
decent, safe, and sanitary housing. The lack of affordable,
accessible housing is a significant problem for adults and children,
contributing to chronic homelessness and unnecessary
institutionalization.
(b) California housing and building codes and standards do not
currently provide for sufficient accessibility for people who need
accessible features in their homes, including people who use mobility
devices or who have sensory disabilities.
(c) Ensuring that state accessibility requirements for assisted
multifamily housing projects meet or exceed the accessibility
standards required for federally assisted multifamily housing
projects will reduce confusion, will provide for a more comprehensive
approach to accessibility, and will result in the provision of much
needed additional accessible units.
SEC. 2. Chapter 6.25 (commencing with Section 50655.1) is added to
Part 2 of Division 31 of the Health and Safety Code, to read:
CHAPTER 6.25. ACCESSIBLE MULTIFAMILY HOUSING ACT OF 2013
50655.1. (a) This chapter shall be known, and may be cited, as
the Accessible Multifamily Housing Act of 2013.
(b) (1) New and substantially rehabilitated assisted multifamily
housing projects shall be designed and constructed to be readily
accessible to, and usable by, individuals with disabilities. Subject
to paragraph (2), a minimum of 10 percent of the total dwelling
units, or at least one unit in the assisted multifamily housing
project, whichever is greater, shall be made accessible for persons
with mobility impairments. An additional 4 percent of the units, but
no fewer than one unit, in the project shall be accessible for
persons with hearing or vision impairments.
(2) The California Housing Finance Agency, the Department of
Housing and Community Development, or other state or local government
agency may prescribe a higher percentage or number than that
prescribed in paragraph (1), upon a determination that a higher
percentage is necessary for a particular program, project, or area,
based on census data or other available current data or in response
to evidence of a need for a higher percentage or number received in
any other manner.
(c) This chapter shall apply to all assisted multifamily housing
projects for which building permits are issued on and after July 1,
2014.
50655.2. The following terms have the following meanings for
purposes of this chapter:
(a) "Accessible" means that a multifamily housing unit is on an
accessible route and is adaptable and otherwise in compliance with
the standards set forth in Section 8.32 (a), (b), and (c) of Title 24
of the Code of Federal Regulations.
(b) "Assistance" means the provision of any land or in-kind
contributions, as well as any financial assistance, including
proceeds of any bond or indenture, loan or grant or bond insurance or
guarantees, loans, grants, rental assistance, operational
assistance, development assistance, downpayment assistance,
rehabilitation assistance, or housing tax credits.
(c) "Assisted multifamily housing project" means any newly
developed or substantially rehabilitated multifamily housing
receiving assistance from state or local public agencies, including
from the California Housing Finance Agency, the Department of Housing
and Community Development, the California Tax Credit Allocation
Committee, local redevelopment agencies and their successors, cities,
counties, and city and counties, and public housing authorities.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.