BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1084
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1084 (Davis)
          As Amended  September 2, 2011
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |72-0 |(May 23, 2011)  |SENATE: |37-0 |(September 7,  |
          |           |     |                |        |     |2011)          |
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           Original Committee Reference:    V.A.  

           SUMMARY  :  Expands, in the context of the California Veteran Home 
          Loan Program (CVHLP), the definition of cooperative housing 
          corporation to include a shared equity cooperative. This bill 
          would permit CVHLP to make loans for shared equity cooperatives. 
           

           The Senate amendments  :

          1)Repeal the California National Guard Members' Farm and Home 
            Purchase Act of 1978, to be effective in thirty days from the 
            effective date of the measure, except as provided.

          2)Repeal the California National Guard Members' Revenue Bond Act 
            of 1978 to be effective in thirty days from the effective date 
            of the measure, except as provided.

          3)Transfer 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 thirty days from the effective date of 
            the measure.

          4)Provide that any future revenue that would be deposited into 
            the National Guard Home Loan Fund instead be directed to the 
            CalVet Home Loan Fund.

          5)Appropriate, all moneys deposited into the CalVet Home Loan 
            Fund.

          6)Include "shared equity cooperative" within the definition of 
            "cooperative housing corporations" to authorize the use of the 
            CVHLP for shared equity cooperative purchases; and, outline 
            administrative procedures regarding the program.








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          7)Require the Department of Veterans Affairs ("Department") to 
            continue to administer any outstanding loans made pursuant to 
            the National Guard Members' Home Loan Program.

          8)Add several administrative requirements concerning conditions 
            for and administration of loans made under this authority.

          9)Change the conditions under which the Department may acquire 
            an interest in land held by a Native American veteran.

          10)Add an urgency clause.

           EXISTING LAW:   Existing law provides for farm and home purchase 
          benefits for qualifying veterans under the Veterans' Farm and 
          Home Purchase Act of 1943, and subsequent acts.  Existing law 
          defines "cooperative housing corporation" for purposes of this 
          program to mean a real estate development in which membership in 
          the corporation, by stock, is coupled with the exclusive right 
          to possess a portion of the real property.

           AS PASSED BY THE ASSEMBLY  , this bill contained similar 
          provisions and intent, but the current version has greater 
          detail and includes new provisions concerning the National Guard 
          Members' Farm and Home Purchase Act and funds remaining therein 
          which will be used for cooperative housing loans. 
           
          FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, for the portion of the bill concerning shared equity 
          cooperative loans, costs are unknown but potentially 
          significant.  Costs associated with funds consolidation are 
          approximately $9,800.  The CVHLP is funded from general 
          obligation bonds that are repaid through monthly mortgage 
          payments.  The program has no General Fund costs.  While this 
          bill 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.

           COMMENTS  :  The Department administers CVHLP pursuant to 
          statutory authority.  The stated objective of the program is to 
          provide veterans with the opportunity to acquire farms and 
          homes. 

          Co-op housing is a form of home ownership in which a corporation 








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          owns residential property, typically a condominium style 
          property.  Owners purchase a share in the corporation which 
          gives them an exclusive right to occupy a particular unit owned 
          by the corporation.   A shared equity co-op is similar to a 
          regular co-op except that a portion of the corporation is owned 
          by a non-profit who "shares" the unit with the buyer/homeowner.  
           Purchase of the shared equity units is limited to defined 
          low-income buyers, seniors, families, veterans, etc.  When the 
          homeowner sells, a portion of the equity gain is shared with the 
          non-profit partner.  Shared equity co-ops provide low income 
          individuals and families the opportunity to become homeowners.

          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 CVHLP at that time.  The program has not been 
          operative for several years and there are currently only four 
          outstanding loans.   This bill 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 CVHLP to shared 
          equity cooperatives is intended to provide an additional path 
          for low income veterans to become homeowners.

          This bill has been substantially amended since it left the 
          Assembly.  However, the amendments are technical, aligned with, 
          and necessary to carry out the purposes and subject matter which 
          were heard and approved in the Assembly.

          The bill contains an urgency clause allowing the bill to take 
          effect immediately upon enactment.


           Analysis Prepared by  :    John Spangler / V. A. / (916) 319-3550
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