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