BILL ANALYSIS Ó SENATE COMMITTEE ON VETERANS AFFAIRS Senator Ben Hueso, Chair BILL NO: AB 639 HEARING DATE: 7/9/13 AUTHOR: Pérez VERSION: 7/03/13 FISCAL: Yes VOTE: Two-thirds (Urgency) SUBJECT Veterans Housing and Homeless Prevention Act of 2014. DESCRIPTION Summary : Authorizes the issuance of $600 million in general obligation (GO) bonds for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related facilities and services for veterans and their families - if approved by the voters at the November, 2014, general election. Note: These funds are taken from the approximately $1.1 billion in remaining bond authority under the Home Loan Program managed by the Department of Veterans Affairs (CalVet). Existing law: 1.Provides for farm and home purchase benefits for qualifying veterans under the Veterans Farm and Home Purchase Act of 1974 and subsequent acts, which are collectively referred to as the CalVet Home Loan Program (Military & Veterans Code Section 987.50, et seq.). 2.Defines "home" as a parcel of real estate upon which there is a dwelling house or other buildings that will, in the opinion of CalVet, suit the needs of the purchaser and the purchaser's dependents as a place of abode; a condominium; a mobilehome; and cooperative housing (MilVets §987.51). 3.Authorizes the Veterans Bond Act of 2008 for the purpose of creating a fund to provide farm and home aid for veterans in the amount of $900 million (MilVets §998.400, et seq.). 4.Authorizes the Veterans Bond Act of 2000 for the purpose of creating a fund to provide farm and home aid for veterans in the amount of $500 million (MilVets §998.300, et seq.). This bill: 1.Subject to voter approval on the November 2014 ballot, reduces the Proposition 12 bonding authority for the CalVet Home Loan Program from $900 million to $300 million and authorizes issuance of $600 million in GO bonds for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related facilities and services for veterans and their families. 2.Uses existing definitions from the Health and Safety Code to define "supportive housing" [HSC §1504.5 (c) (2)] and "transitional housing" [HSC §50675.2(h)]. 3.Establishes a program board consisting of the California Housing Finance Agency (CHFA), Department of Housing and Community Development (HCD), and CalVet that: a. Establish and implement programs for the above purposes. b. Approve issuance of Notices of Funding Availability. c. Review and score responses from the Notices of Funding Availability. d. Score project applications. 4.Establishes the Housing for Veterans Finance Committee, solely for the purpose of authorizing the issuance and sale of the GO bonds authorized by the program. Provides that the Committee consists of the Controller; Treasurer; Director of Finance; Secretary of Business, Consumer Services, and Housing; and Secretary of Veterans Affairs, or their designated representatives. Designates the Treasurer as Committee chair. AB 639 (Pérez) 2 5.Requires - no later than March 4, 2015 - that CalVet enter into a memorandum of understanding with HCD and CHFA to address their respective and shared responsibilities in implementing, overseeing, and evaluating the program and to provide it to both budget committees of both legislative houses. 6.Provides that program funds be expended in a manner that focuses on veterans at risk of homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the expenditures shall also leverage other public, private, and non-profit resources, prioritize projects that combine housing and supportive services, promote public and private partnerships, and foster innovative financing opportunities. 7.Establishes a stakeholder process for developing program guidelines that shall include, but not be limited to, organizations that have experience providing housing or homeless services, or both, to veterans, housing developers, and public and private agencies that serve the veteran population. 8.Allows the Legislature to amend, by majority vote, the provisions of the voter-approved act for the purpose of improving program efficiency, effectiveness, and accountability or for the purpose of furthering overall program goals. 9.Appropriates from the General Fund an amount necessary to pay the principal and interest on the bonds and subjects HCD's expenditures to legislative appropriation. 10. Requires HCD's annual report to include an evaluation, in collaboration with CalVet, of any program established by the department to implement this bill. 11. Contains an urgency clause. BACKGROUND AB 639 (Pérez) 3 CalVet Home Loan Program CalVet has been making low-interest financing available to qualified veterans since 1921, and to date, more than 430,000 veterans have benefited from loans provided by the CalVet Program. CalVet finances new and existing single-family homes, farms, condominiums and mobilehomes on land owned by the veteran or in rental parks by acquiring property selected by the veteran and reselling the property to the veteran under a land sale contract (Contract of Purchase). Under a Contract of Purchase, the veteran holds an equitable interest, and CalVet holds legal title to the property. The program also provides home improvement loans, construction loans and conditional commitment (rehabilitation) loans. There are no purchase price restrictions on the properties which can be purchased with CalVet bond funds, nor are there income limitations on the veteran borrower. The program is financed by bonds. While those bonds are GO bonds, they operate more like revenue bonds in that they are repaid by CalVet loan holders through the payment of principal and interest on their loans. The bonds are backed by the full faith and credit of the State of California and must be authorized by a vote of the people at a statewide election. The GO bonds used to finance the program are 30-year bonds we set up all new loans for 30-year terms. CalVet is a "full service" lender. Veterans can obtain direct financing through the program, as well as loan servicing and certain home protection coverage (Fire and Hazard insurance, Disaster Indemnity coverage for earthquake and flood, and Life and Disability insurance through a policy with an independent vendor). To be eligible for a CalVet loan, an individual must have received a discharge classified as Honorable or Under Honorable Conditions, and served a minimum of 90 days active duty (not including active duty for training purposes only). There are exceptions to the 90 days service requirement for veterans who: Were discharged sooner due to a service-connected disability, or AB 639 (Pérez) 4 Are eligible to receive a U.S. military campaign or expeditionary medal, or Were called to active duty from the Reserves or National Guard due to a Presidential Executive Order. Current members of the California National Guard or the US Military Reserves who have served a minimum of one year of a six year obligation are also eligible provided they qualify as first time home buyers or purchase properties located in certain targeted areas CalVet home loans are funded through the sale of tax-exempt bonds. The CalVet Home Loan program has been totally self-supporting and no taxpayer funds have been used to repay its bonds. Program-eligible housing Historically, the program has focused on traditional, single-family residential structures; however, veterans' housing needs have changed somewhat in recent decades as the state becomes increasingly urbanized and less rural and the lingering effects of the economic downturn. In 2010 the Legislature enacted AB 2087 (Torres), which expands the definition of "home" under the provisions of the Home Loan program to include residences with two to four units. In 2011 the Legislature enacted AB 1084 (Davis), which (1) Expands the definition of loan-eligible "cooperative housing corporation" to include a shared equity cooperative. The National Association of Housing Cooperatives describes cooperative housing as "the coming together of people in a democratic basis to own or control the housing and/or community facilities in which they live." Typically this is accomplished by establishing a not-for-profit corporation. Like any corporation, ownership of the assets (real estate) is accomplished through ownership of stock in the company. Rather than paying a mortgage payment each month, each tenant (stockowner) pays his or her share of the total operating costs of the corporation. Benefits to the veteran under such an arrangement include establishing personal income tax deductions, lower turnover rates, lower real estate tax (in some local AB 639 (Pérez) 5 areas), controlled maintenance costs, and resident participation and control. Declining program participation While the Home Loan program has assisted over 430,000 veterans over the years, it has seen a sharp decline in activity over the last decade. This decline is due to both the economic recession and the fact that interest rates offered under CalVet program are not competitive with interest rates offered by commercial lenders. In 2003, the program issued 1,130 new loans; in 2012 it issued just 83. In the same time period, the program's portfolio of outstanding loans declined from 20,169 to 7,913. Veterans' nontraditional housing needs In reviewing this bill, the Assembly Committee on Housing and Development observed: "Despite California's high number of homeless veterans, the state does not have any programs that are directly targeted at serving this population, or at serving lower-income veterans who are at risk of homelessness. HCD offers various programs that support the development of multifamily rental housing for low income Californians, including supportive and transitional housing, but none are veteran-specific. HCD's programs have been funded since 2002 from two voter-approved housing bonds, Proposition 46 of 2002 and Proposition 1C of 2006. These funds are nearly gone and it is unclear when additional funds will be available for these programs. In addition, the elimination of redevelopment agencies meant a loss of around $1 billion per year in affordable housing funding, funds that generally worked in concert with state dollars and other sources of funding to produce affordable units to serve low-income Californians." Supportive Housing Supportive housing is permanent rental housing linked to a range of support services designed to enable residents to maintain stable housing and lead fuller lives. There is no limit on length of stay. Supportive housing is linked to onsite or offsite services that assist the resident in retaining the housing, improving individual health status, and maximizing the ability to live and, when possible, work in the community. AB 639 (Pérez) 6 Transitional Housing Transitional housing is a type of supportive housing used to facilitate the movement of homeless individuals and families to permanent housing. A homeless person may live in a transitional apartment for a specified period of time, while receiving supportive services that enable independent living. These are buildings configured and operated as rental housing developments, but are operated under program requirements that call for the termination of assistance and recirculation of the housing unit to another eligible program participant at some predetermined future point in time - which shall be no less than six months and often capped at two years. The intent is to provide extended shelter and supportive services for homeless individuals and/or families with the goal of helping them live independently and transition into permanent housing. COMMENT Author comments : According to the author, CalVet has roughly $1.1 billion in remaining bond authority for its Home Loan Program and is doing little new business while a growing body of research indicates an overwhelming and unmet need for affordable, supportive, multifamily housing for veterans. California leads the nation in the number of homeless veterans and is home to one quarter of all the nation's homeless veterans. This bill will restructure Proposition 12, the CalVet bond of 2008, to allow for the development of multifamily housing for veterans, with a priority for projects that align housing with services. At the same time, the bill preserves over $500 million in Proposition 32 and Proposition 12 bonding authority for the CalVet Home Loan Program to meet future needs. Ultimately, the bill will reduce the number or homeless veterans and contribute to a comprehensive, coordinated, and cost-effective approach to respond to the full spectrum of housing and service needs of our veterans. Committee staff comments : 1.The voters approved Proposition 32 in 2000, which authorized AB 639 (Pérez) 7 $500 million in bonds, and Proposition 12 in 2008 which authorized $900 million in bonds. To date, CalVet has about $230 million in bonding authority left under Proposition 32 and has not issued any of the bonds approved under Proposition 12. This reflects the decline in program participation. In 2003, the program issued 1,130 new loans; in 2012 it issued just 83. 2.If this bill is enacted, the existing CalVet Home Loan Program will retain approximately $300 million dollars in bond authority and continue to function. 3.Although not prohibited by law, it has been the custom and practice of the Legislature not to use bond proceeds to provide services. This bill would allow the voters to expressly authorize bond proceeds to provide services for this specific program. 4.Late informal input (paraphrased) from the State Treasurer's Office passed through the Senate Committee on Governance and Finance: "The bill does not contain a provision stating that only tax-exempt bonds could be issued, which would be very unusual. If so, the Treasurer's Office would only issue tax exempt bonds for projects/purposes that are eligible for tax-exempt financing. For any projects/purposes that are not eligible for tax-exempt financing, they would issue taxable bonds." That input may not reflect the latest amendments and so this matter should be clarified if senators have concerns. 5.If enacted by the voters this measure would allow the Legislature to amend its provisions by majority vote. How broad would a future Legislature's flexibility be in repurposing these funds? 6.The "board" established in §998.542 of this bill is unnamed. Assigning it a formal name would help clearly affiliate it with this particular program in the interest of public clarity. One recommendation is the "Veterans Housing and AB 639 (Pérez) 8 Homeless Prevention Board." Also, the board does not have an assigned chairperson. Since the Treasurer chairs the Housing for Veterans Finance Committee," perhaps the Secretary of Veterans Affairs should chair the "board" in order to provide administrative balance. 7.Regarding the fiscal impact on State General Fund: As noted by Senate Transportation and Housing: "(T)he current CalVet bonds act like revenue bonds. (CalVet) repays them with mortgage payments from its borrowers, and the state's General Fund is a backstop that has never been called on. In order to make multifamily housing rents, particularly those for homeless veterans, affordable, public loans must minimize or eliminate debt service payments by deferring principal and interest payments to the end of the loan term. As a result, there will be no amortized mortgage payments with which (CalVet) or HCD can repay the bonds and that responsibility will fall to the General Fund. The Assembly Appropriations Committee estimates that annual debt service on the bonds this bill authorizes will amount to $25 million per year, depending on interest rates." Related Legislation AB 1084 (Davis, Ch. 377, Stats. 2011) (1) Expands the definition of loan-eligible "cooperative housing corporation" to include a shared equity cooperative, as defined. (2) Establishes a continuous appropriation, without regard to fiscal year, to CalVet to make shared equity cooperative housing loans. AB 2087 (Torres, Ch. 542, Stats. 2010) Expands the definition of "home" under the provisions of the CalVet Home Loan program to include residences with two to four units. AB 1330 (Salas, Ch. 524, Stats. 2009) AB 639 (Pérez) 9 Authorizes CalVet to (1) establish a pilot project for the purpose of operating a cooperative housing project; (2) work in conjunction with the Department of Housing and Development; (3) use existing home loan funds; (4) limit use and occupancy of the cooperative housing to military veterans and their families for at least 55 years. SB 595 (Cedillo, held in Senate Appropriations, 2009) Would have (1) enacted the Homeless Veterans Housing and Supportive Services Act of 2010, which would authorize issuance of $1,500,000,000 in GO bonds. (2) Dedicated proceeds to be used to finance supportive housing projects for homeless veterans, or veterans at risk of homelessness, with incomes below limits to be established. (3) Submitted the bond act for voter approval on the November 2, 2010, statewide general election ballot. AB 3067 (Salas, held w/o vote in Senate Veterans Affairs, 2008) Would have created a housing rental program for veterans, which would be administered by CalVet. AB 2670 (Salas, Ch. 322, Stats. 2008) Authorizes CalVet to apply to the California Debt Limit Allocation Committee for the issuance of a private activity bond under the qualified residential rental project program. AB 2266 (Committee on Veterans Affairs, Ch. 834, Stats. 2004) Adds Cooperative housing to the definition of "home" as used for the CalVet Home Loan Program. POSITIONS Sponsor: Author AB 639 (Pérez) 10 Support: Affirmed Housing Group American Federation of State, County, and Municipal Employees American Legion - Department of California AMVETS - Department of California Association for Los Angeles Deputy Sheriffs Association of California Health Care Districts Attorney General Kamala Harris Burbank Housing Development Corporation California Association of County Veterans Service Officers California Association of Veteran Service Agencies California Building Industry Association California Conference of Carpenters California Hospital Association California Housing Consortium California Housing Partnership Corporation California Judges Association California Labor Federation California Latino Legislative Caucus California Medical Association California Nurses Association California Professional Firefighters California Rural Legal Assistance Foundation California Special Districts Association California State Association of Counties California State Commanders Veterans Council California State Council of Service Employees California State Sheriff's Association Century Housing City and County of San Francisco City of Azusa City of Burbank City of Los Angeles City of Murrieta City of Oakland City of Sacramento City of San Jose Corporation for Supportive Housing County of Butte AB 639 (Pérez) 11 County of Del Norte County of Los Angeles County of San Bernardino County of Santa Clara Housing California JP Morgan Chase League of California Cities Los Angeles Area Chamber of Commerce Los Angeles County Probation Officers Union Los Angeles Homeless Services Authority Los Angeles Police Protective League Los Angeles Regional Reentry Partnership New Directions Riverside Sheriff's Association Salvation Army Haven San Diego Housing Commission San Diego Housing Federation Southern California Edison St. Anthony Foundation State Building and Construction Trades Council of California State Treasurer Bill Lockyer Swords to Plowshares United Native Housing Development Corporation United States Veterans Initiative United Way of Greater Los Angeles Urban Counties Caucus Veterans of Foreign Wars - Department of California Vietnam Veterans of America - California State Council Western Center on Law and Poverty Oppose: None received Analysis by: Wade Cooper Teasdale AB 639 (Pérez) 12