BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          AB 1084 (Davis)
          
          Hearing Date: 8/25/2011         Amended: 8/15/2011
          Consultant: Maureen Ortiz       Policy Vote: VA: 7-0
          _________________________________________________________________
          ____
          BILL SUMMARY:   AB 1084, an urgency measure, expands the use of 
          the CalVet Home Loan Program to include shared equity 
          cooperative housing, and consolidates the California National 
          Guard Members' Farm and Home Building Fund into the CalVet Home 
          Loan Fund. 
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13      2013-14     Fund
           
          Share equity coops loans        -------unknown, potentially 
          significant------       Special*

          Fund consolidation                    -----------approximately 
          $5,400 -----------         Special**
                                                            
          -----------approximately ($5,400)----------         Special*

          *CalVet Home Loan Fund    **Cal Guard Home Loan Fund 
          _________________________________________________________________
          ____

          STAFF COMMENTS: SUSPENSE FILE.  AS PROPOSED TO BE AMENDED.

          Author's amendments require the funds to be transferred within 
          30 days  of enactment of this measure.  There is approximately 
          $5.4 million currently in the National Guard Members' Farm and 
          Home Building Fund that AB 1084 will require the transfer of 
          into the CalVet Home Loan Fund for the purpose of providing 
          loans to qualified veterans for shared equity cooperative 
          housing.  Currently, the bill contains an unspecified time frame 
          for the transfer of the funds upon enactment of the bill.   
          Specifically, AB 1084 does the following:  

          a)  Repeals the California National Guard Members' Farm and Home 
          Purchase Act of 1978, to be effective on an unspecified date.








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          b)  Repeals the California National Guard Members' Revenue Bond 
          Act of 1978, to be effective on an unspecified date.
          c)  Transfers all moneys in the National Guard Home Loan Fund 
          and the National Guard Members' Revenue Bond Revenue Account 
          that are not needed to meet revenue bond obligations to the 
          CalVet Home Loan Fund within an unspecified number of days.
          d)  Provides that any future revenue that would be deposited 
          into the National Guard Home Loan Fund instead be directed to 
          the CalVet Home Loan Fund.
          e)  Continuously appropriates all moneys deposited into the 
          CalVet Home Loan Fund.
          f)  Includes "shared equity cooperative" within the definition 
          of "cooperative housing corporations" to authorize the use of 
          the CalVet Home Loan Program for shared equity cooperative 
          purchases; and outlines administrative procedures regarding the 
          program.
          g)  Requires the Department of Veterans Affairs to continue to 
          administer any outstanding loans made pursuant to the National 
          Guard Members' Home Loan Program.

          The National Guard Members' Farm and Home Purchase Act was 
          established in 1978 and the bond funds were used to provide home 
          loans to members of the California National Guard who were not 
          eligible for the CalVet Home Loan Program at that time.  The 
          program has not been operative for several years and there are 
          currently only four outstanding loans.   AB 1084 will transfer 
          the remaining money in the National Guard loan fund to the 
          CalVet Home Loan Fund so that the money can be used to provide 
          loans for shared equity cooperative housing.  Expanding the use 
          of the CalVet Home Loan Program to shared equity cooperatives is 
          intended to provide an additional path for low income veterans 
          to become homeowners.

          The CalVet Home Loan Program is funded from general obligation 
          bonds that are repaid through monthly mortgage payments.  The 
          program has no General Fund costs.  While AB 1084 will expand 
          the use of the funds which will likely deplete the account 
          sooner and potentially require future bond sales, there is 
          currently about $1 billion available in the home loan fund.

          Voters have passed 23 veterans bonds since 1943, the last of 









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          which was passed in 2008 as Proposition 12 and authorized $900 
          million in bonds for the CalVet Home Loan program.  The revenue 
          from these bond sales is used by the Department of Veterans 
          Affairs to purchase farms, homes and mobile homes which are then 
          resold to California veterans.  Each participating veteran makes 
          monthly payments to the Department.  These payments are set in 
          an amount sufficient to do all of the following:  1) reimburse 
          the department for its costs in purchasing the farm, home, or 
          mobile home, 2) cover all costs resulting from the sale of the 
          bonds, including interest on the bonds, and 3) cover the costs 
          of operating the program.  The CalVet home loan is advantageous 
          to veterans since it requires little down payment and offers 
          competitive market rates.
           
          The CalVet Program has historically been fully supported by 
          participating veterans. If, however, payments made by program 
          participants do not fully cover principal and interest payments 
          on the bonds, because general obligation bonds are backed by the 
           
          State, the difference would come from the General Fund.  This, 
          however, has not been necessary since the inception of this 
          program.  The default rate on the CalVet home loans is very 
          little as compared to conventional home loans.  These loans are 
          not sold on the secondary market, and because the DVA holds the 
          papers on the homes, if there is a foreclosure, they then sell 
          the home to recoup the loan proceeds.  In the rare event that 
          there is a short sale, the DVA has a mechanism in place referred 
          to as "loan loss reserves" which is a set-aside that is required 
          by their independent auditors and can be used to further prevent 
          any costs to the General Fund.

          AB 1330 (Chapter 524, Statutes of 2009) authorized the DVA to 
          establish a pilot project for cooperative housing.  In a 
          cooperative housing project, people collaborate to own or 
          control the housing facilities in which they live.  The 
          cooperative is comprised of members who own stock in a nonprofit 
          public benefit corporation.  Rather than paying just a mortgage 
          payment each month, the tenant pays his or her share of the 
          total operating costs of the corporation which is formed, 
          thereby benefiting from such things as controlled maintenance 
          costs, and resident participation and control.









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          AB 2266 (Chapter 834, Statutes of 2004) authorized the Cal-Vet 
          program to offer loans for the purchase of individual shares of 
          stock in cooperative housing corporations.