BILL NUMBER: SB 391 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 20, 2013
AMENDED IN SENATE MAY 7, 2013
AMENDED IN SENATE APRIL 2, 2013
INTRODUCED BY Senator DeSaulnier
(Principal coauthors: Assembly Members Atkins, Bocanegra, and
Gordon)
(Coauthors: Senators Block, Correa, Hancock, Hill, Leno, Lieu,
Pavley, Price, and Roth)
(Coauthors: Assembly Members Ammiano, Bloom, Bonilla, Garcia,
Mullin, Quirk-Silva, Torres, and Wieckowski)
FEBRUARY 20, 2013
An act to add Section 27388.1 to the Government Code, and to add
Chapter 2.5 (commencing with Section 50470) to Part 2 of Division 31
of the Health and Safety Code, relating to housing, making an
appropriation therefor, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 391, as amended, DeSaulnier. California Homes and Jobs Act of
2013.
Under existing law, there are programs providing assistance for,
among other things, emergency housing, multifamily housing,
farmworker housing, home ownership for very low and low-income
households, and downpayment assistance for first-time homebuyers.
Existing law also authorizes the issuance of bonds in specified
amounts pursuant to the State General Obligation Bond Law. Existing
law requires that proceeds from the sale of these bonds be used to
finance various existing housing programs, capital outlay related to
infill development, brownfield cleanup that promotes infill
development, and housing-related parks.
This bill would enact the California Homes and Jobs Act of 2013.
The bill would make legislative findings and declarations relating to
the need for establishing permanent, ongoing sources of funding
dedicated to affordable housing development. The bill would impose a
fee, except as provided, of $75 to be paid at the time of the
recording of every real estate instrument, paper, or notice required
or permitted by law to be recorded. By imposing new duties on
counties with respect to the imposition of the recording fee, the
bill would create a state-mandated local program. The bill would
require that revenues from this fee be sent quarterly to the
Department of Housing and Community Development for deposit in the
California Homes and Jobs Trust Fund, which the bill would create
within the State Treasury. The bill would provide that moneys in the
fund may be expended for supporting affordable housing, administering
housing programs, and the cost of periodic audits, as specified. The
bill would impose certain auditing and reporting requirements.
Existing law requires the Department of Industrial Relations to
monitor and enforce compliance with applicable prevailing wage
requirements for specified public works projects that are funded by
state bond proceeds. Moneys collected for this purpose are
continuously appropriated to the department from the State Public
Works Enforcement Fund to cover the costs of these monitoring and
enforcement duties.
This bill would require the Department of Industrial Relations to
monitor and enforce prevailing wage requirements for construction
contracts for certain public works projects over $1,000,000, that are
funded, in whole or in part, by the bill. The bill would authorize
the department to charge each person or entity awarding a
construction contract for the reasonable and directly related costs
of the monitoring and enforcement activities, and would require the
department to deposit the moneys collected into the State Public
Works Enforcement Fund. The bill would exempt projects with a
collective bargaining agreement with a mechanism for resolution of
wage disputes from this requirement.
By establishing a new source of revenue for a continuously
appropriated fund, this bill would make an appropriation.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no yes .
Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known as the California Homes and
Jobs Act of 2013.
SEC. 2. The Legislature finds and declares that having a healthy
housing market that provides an adequate supply of homes affordable
to Californians at all income levels is critical to the economic
prosperity and quality of life in the state. The Legislature further
finds and declares all of the following:
(a) Funding approved by the state's voters in 2002 and 2006, as of
June 2011, has financed the construction, rehabilitation, and
preservation of over 11,600 shelter spaces and 57,220 affordable
apartments, including 2,500 supportive homes for people experiencing
homelessness. In addition, these funds have helped 57,290 families
become or remain homeowners. Nearly all of the voter-approved funding
for affordable housing was awarded by the beginning of 2012.
(b) The requirement in the Community Redevelopment Law that
redevelopment agencies set aside 20 percent of tax increment for
affordable housing generated roughly one billion dollars
($1,000,000,000) per year. With the elimination of redevelopment
agencies, this funding stream has disappeared.
(c) California has 12 percent of the United States population, but
21.4 percent of its homeless population. Seventy-three percent of
people experiencing homelessness in California fell into it because
they could not afford a place to live. Sixty-two percent of homeless
Californians are unsheltered, 14 percent are veterans, and 20 percent
are families.
(d) Furthermore, 4 of the top 10 metropolitan areas in the country
for homeless are in the following metropolitan areas in California:
San Jose-Sunnyvale-Santa Clara, Los Angeles-Long Beach-Santa Ana,
Fresno, and Stockton.
(e) California continues to have the second lowest homeownership
rate in the nation, and minimum wage earners have to work 120 hours
per week to afford the average two-bedroom apartment.
(f) Millions of Californians are affected by the state's chronic
housing shortage, including seniors, veterans, people experiencing
chronic homelessness, working families, people with mental, physical,
or developmental disabilities, agricultural workers, people exiting
jails, prisons, and other state institutions, survivors of domestic
violence, and former foster and transition-aged youth.
(g) While the current credit and foreclosure crisis has resulted
in reductions in home prices in some areas, it has increased pressure
on the rental housing market and slowed new housing production of
all types, exacerbating the mismatch between the ever-increasing
number of households that need housing they can afford and the
supply.
(h) California's workforce continues to experience longer commute
times as persons in the workforce seek affordable housing outside the
areas in which they work. If California is unable to support the
construction of affordable housing in these areas, congestion
problems will strain the state's transportation system and exacerbate
greenhouse gas emissions.
(i) Many economists agree that the state's higher than average
unemployment rate is due in large part to massive shrinkage in the
construction industry from 2005 to 2009, including losses of nearly
700,000 construction-related jobs, a 60-percent decline in
construction spending, and an 83-percent reduction in residential
permits. Restoration of a healthy construction sector will
significantly reduce the state's unemployment rate.
(j) The lack of sufficient housing impedes economic growth and
development by making it difficult for California employers to
attract and retain employees.
(k) To keep pace with continuing demand, the state should identify
and establish a permanent, ongoing source or sources of funding
dedicated to affordable housing development. Without a reliable
source of funding for housing affordable to the state's workforce and
most vulnerable residents, the state and its local and private
housing development partners will not be able to continue increasing
the supply of housing after existing housing bond resources are
depleted.
(l) The investment will leverage billions of dollars in private
investment, lessen demands on law enforcement and dwindling health
care resources as fewer people are forced to live on the streets or
in dangerous substandard buildings, and increase businesses' ability
to attract and retain skilled workers.
(m) In order to promote housing and homeownership opportunities,
the recording fee imposed by this act should not be applied to any
recordings made in connection with a sale of real property.
Purchasing housing is likely the largest purchase made by
Californians, and it is the intent of this act not to increase
transaction costs associated with these transfers.
SEC. 3. Section 27388.1 is added to the Government Code, to read:
27388.1. (a) (1) Commencing January 1, 2014, and except as
provided in paragraph (2), in addition to any other recording fees
specified in this code, a fee of seventy-five dollars ($75) shall be
paid at the time of recording of every real estate instrument, paper,
or notice required or permitted by law to be recorded except those
expressly exempted from payment of recording fees. "Real estate
instrument, paper, or notice" means a document relating to real
property, including, but not limited to, the following: deed, grant
deed, trustee's deed, deed of trust, reconveyance, quit claim deed,
fictitious deed of trust, assignment of deed of trust, request for
notice of default, abstract of judgment, subordination agreement,
declaration of homestead, abandonment of homestead, notice of
default, release or discharge, easement, notice of trustee sale,
notice of completion, UCC financing statement, mechanic's lien, maps,
and covenants, conditions, and restrictions.
(2) The fee described in paragraph (1) shall not be imposed on any
real estate instrument, paper, or notice recorded in connection with
a transfer subject to the imposition of a documentary transfer tax
as defined in Section 11911 of the Revenue and Taxation Code.
(b) The fees, after deduction of any actual and necessary
administrative costs incurred by the county recorder in carrying out
this section, shall be sent quarterly to the Department of Housing
and Community Development for deposit in the California Homes and
Jobs Trust Fund established by Section 50471 of the Health and Safety
Code, to be expended for the purposes set forth in that section. In
addition, the county shall pay to the Department of Housing and
Community Development interest, at the legal rate, on any funds not
paid to the Controller within 30 days of the end of a quarter.
SEC. 4. Chapter 2.5 (commencing with Section 50470) is added to
Part 2 of Division 31 of the Health and Safety Code, to read:
CHAPTER 2.5. CALIFORNIA HOMES AND JOBS TRUST FUND
Article 1. General Provisions
50470. This chapter shall be known, and may be cited, as the
California Homes and Jobs Act of 2013.
50471. (a) There is hereby created in the State Treasury the
California Homes and Jobs Trust Fund. All interest or other
increments resulting from the investment of moneys in the fund shall
be deposited in the fund, notwithstanding Section 16305.7 of the
Government Code. Moneys in the California Homes and Jobs Trust Fund
shall not be subject to transfer to any other fund pursuant to any
provision of Part 2 (commencing with Section 16300) of Division 4 of
Title 2 of the Government Code, except to the Surplus Money
Investment Fund. Upon appropriation by the Legislature, moneys in the
fund may be expended for the following purposes:
(1) Supporting the development, acquisition, rehabilitation, and
preservation of housing affordable to low- and moderate-income
households, including, but not limited to, emergency shelters;
transitional and permanent rental housing, including necessary
service and operating subsidies; foreclosure mitigation; and
homeownership opportunities.
(2) Administering housing programs that receive an appropriation
from the fund. Moneys expended for this purpose shall not exceed 5
percent of the moneys in the fund.
(3) The cost of periodic audits required by Section 50475.
(b) Both of the following shall be paid and deposited in the fund:
(1) Any moneys appropriated and made available by the Legislature
for purposes of the fund.
(2) Any other moneys that may be made available to the department
for the purposes of the fund from any other source or sources.
50472. (a) This section applies to all construction projects in
excess of one million dollars ($1,000,000) that are funded, in whole
or in part, from the California Homes and Jobs Trust Fund, and that
are public works within the meaning of Section 1720 of the Labor
Code.
(b) (1) The Department of Industrial Relations shall monitor and
enforce compliance with applicable prevailing wage requirements for
any construction contract on a project subject to this section and
shall charge each person or entity awarding a construction contract
for the reasonable and directly related costs of monitoring and
enforcing compliance with the prevailing wage requirements. The
department, with the approval of the Director of Finance, shall
determine the rate or rates, which the department may from time to
time amend, that the department shall charge to recover the
reasonable and directly related costs of performing the monitoring
and enforcement services for public works projects. However, the
amount charged by the department shall not exceed one-fourth of 1
percent of the amount of the contract.
(2) All moneys received by the department pursuant to this section
shall be deposited into the State Public Works Enforcement Fund
created by Section 1771.3 of the Labor Code.
(3) Paragraph (1) shall not apply to a project if a collective
bargaining agreement binds all of the contractors performing work on
the project, and that collective bargaining agreement includes a
mechanism for resolving disputes regarding the payment of wages.
Article 2. Audits and Reporting
50475. The California State Auditor's Office shall conduct
periodic audits to ensure that the annual allocation to individual
programs is awarded by the department in a timely fashion consistent
with the requirements of this chapter. The first audit shall be
conducted no later than 24 months from the effective date of this
section.
50476. In its annual report to the Legislature pursuant to
Section 50408, the department shall report how funds that were made
available pursuant to this chapter and allocated in the prior year
were expended, including efforts to promote a geographically balanced
distribution of funds. The department shall make the report
available to the public on its Internet Web site.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
SEC. 6. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide affordable housing opportunities at the
earliest possible time, it is necessary for this act to take effect
immediately.