BILL NUMBER: AB 1672	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2012

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 14, 2012

   An act to amend Sections 50700, 50701, 50702, 50703, and 50704 of
the Health and Safety Code, relating to housing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1672, as amended, Torres. Housing-Related Parks Program.
   Existing law establishes the Housing-Related Parks Program,
administered by the Department of Housing and Community Development,
which provides grants for the creation, development, or
rehabilitation of park and recreation facilities to cities, counties,
and cities and counties that meet certain criteria for housing
starts, as defined, for newly constructed units that are affordable
to very low or low-income households.
   This bill would instead provide that the program provide the
grants to local entities based on the issuance of building permits
for new housing units that are affordable to very low or low-income
households. The bill would  include a specified, qualifying
project as a recipient of bonus funds awarded under the program.
  provide for substantial and additional bonus funds to
specified jurisdictions and qualifying units. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

  SECTION 1.  Section 50700 of the Health and Safety Code is amended
to read:
   50700.  For the purposes of this chapter, the following terms have
the following meanings, unless the context clearly requires
otherwise: 
   (a) "Catalyst project" means a project designated as a gold,
silver, or bronze project under the department's Catalyst Projects
for California Sustainable Strategies Pilot Program. 

   (b) 
    (a)  "Designated time period" means the time period
designated in the Notice of Funding Availability required under
subdivision (b) of Section 50702. 
   (c) 
    (b)  "Disadvantaged community," for the purposes of this
program, means an area within a city, county, or city and county
that is composed solely of those census tracts designated by the
United States Department of Housing and Urban Development as having
at least 51 percent of its residents of low- or moderate-income
levels, using the most recent United States Department of Census data
available at the time of the Notice of Funding Availability.

   (d) 
    (c)  "Infill project" means a residential or mixed-use
residential project located within an urbanized area on a site that
has been previously developed, or on a vacant site where at least 75
percent of the perimeter of the site adjoins parcels that are
developed with urban uses. For these purposes, a property is
adjoining the side of a project site if the property is separated
from the project site only by an improved public right-of-way.

   (e) 
    (d)  "Park and recreation facility" means a facility
that provides benefits to the community and includes, but is not
limited to, places for organized team sports, outdoor recreation, and
informal turf play; nonmotorized recreational trails; permanent play
structures; landscaping; community gardens; places for passive
recreation; multipurpose structures designed to meet the special
recreational, educational, vocational, and social needs of youth,
senior citizens, and other population groups; recreation areas
created by the redesign and retrofit of urban freeways; community
swim centers; regional recreational trails; and infrastructure and
other improvements that support these facilities. 
   (f) 
    (e)  "Parks deficient community" means a community that
has less than three acres of usable parkland per 1,000 residents.

   (g) 
    (f)  "Regional blueprint plan" means a regional plan
that implements statutory requirements intended to foster
comprehensive planning, as defined in Section 65041.1 of, Chapter 2.5
(commencing with Section 65080) of Division 1 of Title 7 of, and
Article 10.6 (commencing with Section 65580) of Chapter 3 of Division
1 of Title 7 of, the Government Code. The regional blueprint plan
articulates regional consensus and performance outcomes on a more
efficient land use pattern that supports improved mobility and
reduces dependency on single-occupant vehicle trips; accommodates an
adequate supply of housing for all income levels; reduces impacts on
valuable farmland, natural resources, and air quality; includes the
reduction of greenhouse gas emissions; increases water and energy
conservation and efficiency; and promotes a prosperous economy and
safe, healthy, sustainable, and vibrant neighborhoods. 
   (h) 
    (g)  "Urbanized area" means an incorporated city or an
urbanized area or urban cluster as defined by the United States
Census Bureau. For unincorporated areas outside of an urban area or
urban cluster, the area shall be within a designated urban service
area that is designated in the local general plan for urban
development and is served by public sewer and water. 
   (i) 
    (h)  "Urban use" means any residential, commercial,
industrial, public institutional, transit, transportation passenger
facility, or retail use, or any combination of those uses.
  SEC. 2.  Section 50701 of the Health and Safety Code is amended to
read:
   50701.  There is hereby established in state government the
Housing-Related Parks Program, to be administered by the department,
using funds allocated, upon appropriation, under subdivision (d) of
Section 53545, for the purpose of providing grants for the creation,
development, or rehabilitation of park and recreation facilities to
cities, counties, and cities and counties based on the issuance of
building permits for new housing units that are affordable to very
low or low-income households.
  SEC. 3.  Section 50702 of the Health and Safety Code is amended to
read:
   50702.  (a) To the extent that funds are available for this
purpose, the department shall determine a base grant amount to be
provided under this chapter to any city, county, or city and county
that meets all of the following criteria:
   (1) On or before the end of the period covered by the Notice of
Funding Availability required under subdivision (b), the jurisdiction
has adopted a housing element that the department, pursuant to
Section 65585 of the Government Code, has found to be in substantial
compliance with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code, and the jurisdiction submitted to the department
 by the due date  the annual progress report
required under Section 65400 of the Government Code for the preceding
12-month calendar year.
   (2) The jurisdiction can document the issuance of building permits
for new housing units that are affordable to very low or low-income
households within the designated time period and that meet either of
the following criteria:
   (A) In the case of rental units, the development is subject to a
regulatory agreement recorded against the property that obligates the
owner to maintain rents on the restricted units at levels affordable
to very low or low-income households for at least 55 years.
   (B) In the case of ownership housing, units in the development are
initially sold to households of very low or low income at an
affordable housing cost. If public funds are used to achieve an
affordable housing cost, then upon the sale of an assisted unit to a
very low or low-income household, the public entity shall ensure the
repayment of the public funds and reuse of those funds for affordable
housing for a period of at least 20 years. The proposed mechanism
for restrictions of ownership units shall be consistent with criteria
established by the department and specified in the Notice of Funding
Availability.
   (b) For each year that funds are available, the department shall
issue a Notice of Funding Availability for building permits issued
during the designated time period. The department shall accept
applications at the close of the designated period. Grant amounts
shall be based on a per-bedroom incentive for each unit restricted
for very low and low-income households. For the purposes of this
section, single-room occupancies and studio apartments shall be
considered one-bedroom units.
   (c) If eligibility for funds exceeds the amount of funding
available for the program, the department shall reduce all grants
proportionally.
  SEC. 4.  Section 50703 of the Health and Safety Code is amended to
read:
   50703.  (a) The department shall award bonus funds in addition to
the base grant award for applicants that meet the requirements under
Section 50702. The department shall determine the amount of the bonus
funds to be awarded pursuant to this chapter.
   (b) The amount of the bonus funds to be awarded shall be
established in the Notice of Funding Availability.
   (c)  Bonus   Substantial bonus  funds
shall be awarded for any of the following: 
   (1) Jurisdictions that demonstrate that grant funds will be spent
to improve a park or community recreational facility that will serve
a disadvantaged community, as defined in subdivision (b) of Section
50700.  
   (2) Jurisdictions that demonstrate that grant funds will be spent
to create a new park or community recreational facility that will
serve a disadvantaged community, as defined in subdivision (b) of
Section 50700.  
   (3) Jurisdictions that meet the definition of a park deficient
community, as defined in subdivision (e) of Section 50700.  

   (d) Additional bonus funds shall be awarded for any of the
following: 
   (1) Qualifying units that are affordable to extremely low income
households.
   (2) Qualifying units that are  affordable to very low and
low-income households and are  developed in infill projects.

   (3) Qualifying units located within the boundaries of a catalyst
project, as designated by the department.  
   (4) 
    (3)  Jurisdictions that have met or exceeded housing
production thresholds established by the department, in consultation
with the Department of Finance. 
   (5) Jurisdictions that demonstrate that grant funds will be spent
to improve a park or community recreational facility that will serve
a disadvantaged community, as defined in subdivision (a) of Section
50700.  
   (6) Jurisdictions that demonstrate that grant funds will be spent
to create a new park or community recreational facility that will
serve a disadvantaged community, as defined in subdivision (a) of
Section 50700.  
   (7) Jurisdictions that meet the definition of a park deficient
community, as defined in subdivision (b) of Section 50700. 

   (8) 
    (4)  Those jurisdictions that can demonstrate that grant
funds will be spent to create or improve a park or community
recreational facility to support infill development, or development
within a jurisdiction that has conformed its general plan to the
regional blueprint, as determined by the council of governments.

   (9) Those jurisdictions that can demonstrate that grant funds will
be spent to create or improve a park or community recreation
facility located within the boundaries of a catalyst project, as
designated by the department. 
  SEC. 5.  Section 50704 of the Health and Safety Code is amended to
read:
   50704.  (a) (1) Except as authorized under paragraph (2), a city,
county, or city and county shall not receive a grant unless it
qualifies, based on building permits issued during the period
designated in the Notice of Funding Availability, for a grant in an
amount of seventy-five thousand dollars ($75,000) or more.
   (2) If a city, county, or city and county is not able to meet the
minimum qualification amount under paragraph (1), it may delay
application, combine the number of building permits issued during the
designated period described in paragraph (1) with the number of
building permits issued during one or more subsequent Notice of
Funding Availability periods, and apply once it is able to meet the
minimum qualification amount by using the combined amount of building
permits issued.
   (b) Grants provided pursuant to this chapter shall be used for the
costs of park and recreation facility creation, development, or
rehabilitation, including, but not limited to, the acquisition of
land for the purposes of those activities, consistent with the
requirements set forth in Section 16727 of the Government Code.
   (c) Funds awarded pursuant to this chapter shall supplement, not
supplant, other available funding.
   (d) A city, county, or city and county that receives funds under
this chapter may subcontract through a recreation and park district
formed under Chapter 4 (commencing with Section 5780) of Division 5
of the Public Resources Code, or a district formed pursuant to
Section 5500 or 35100 of the Public Resources Code, for the creation
or improvement of a park or recreational facility, or any nonprofit
organization described in Section 501(c)(3) of the Internal Revenue
Code (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation under
Section 501(a) of that code (26 U.S.C. Sec. 501(a)), and that has
among its purposes the conservation of natural or cultural resources.