BILL ANALYSIS Ó AB 1951 Page 1 Date of Hearing: May 9, 2012 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 1951 (Atkins) - As Amended: April 16, 2012 Policy Committee: Housing and Community Development Vote: 5-1 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill eliminates programs that are part of the Affordable Housing Innovation Fund created by Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006, and reallocates the funds. Specifically, this bill: 1)Repeals the practitioner fund administered by the Department of Housing and Community Development (HCD) and eliminates the $25 million appropriated to that fund. 2)Repeals the construction liability insurance reform pilot program administered by HCD and eliminates the $5 million appropriated to that program. 3)Requires HCD to make the $30 million available from the eliminated programs within the Affordable Housing Innovation Fund for the Multifamily Housing Program (MHP). FISCAL EFFECT Redirects $30 million in voter-approved bond funds. COMMENTS 1)Purpose. The author notes Proposition 1C authorized the creation of the Affordable Housing Innovation Fund but required the Legislature to develop programs to spend the funds with some parameters. With limited resources available, the author argues it is important to move funds into MHP where they can make a greater impact in solving California's ongoing housing crisis, while still retaining the intent of the AB 1951 Page 2 voters. The author also argues that bond funds are close to exhausted and the likelihood of another bond measure to replenish the coffers is limited. In addition, the dissolution of redevelopment agencies eliminated the Low- and Moderate-Income Housing Fund as a source of funding for affordable housing. 2)Background. Proposition 1C: Housing and Emergency Shelter Trust Fund Act of 2006 authorized the creation of the Affordable Housing Innovation Fund and transferred $100 million to the Fund. The bond act required funds be spent for competitive grants or loans to sponsoring entities that develop, own, lend or invest in affordable housing through pilot programs that demonstrate innovate approaches to creating or preserving affordable housing. The bond act required these programs be created statutorily through 2/3 vote bills. Any funds that were not spent within 30 months of being offered through the programs would revert to the self-help housing fund. Proposition 1C also authorized $195 million of for the MHP program which funds the production or rehabilitation of affordable rental housing. MHP is the most popular program offered by HCD and has been significantly oversubscribed in past years. There is no money left in MHP. 3)Existing programs . The practitioner fund and the construction liability insurance reform pilot program have not proven to be workable. The contraction in the housing market that began accelerating shortly after the programs were established saw developers turn their focus more on finding construction funding than accessing the practitioner fund to purchase property for future development. Similarly, the $5 million allocated to the construction liability insurance reform pilot program proved insufficient to fund a viable pilot program. 4)Previous legislation . SB 586 (Dutton), Chapter 652, Statutes of 2007, created several new programs funded by the affordable housing innovation fund including the practitioner fund and the construction liability insurance reform pilot program. Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081 AB 1951 Page 3