BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                        AB 90


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          ASSEMBLY THIRD READING


          AB  
          90 (Chau and Atkins)


          As Amended  April 22, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                 |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Housing         |7-0   |Chau, Steinorth,     |                     |
          |                |      |Burke, Chiu, Beth    |                     |
          |                |      |Gaines, Lopez,       |                     |
          |                |      |Mullin               |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,      |                     |
          |                |      |Bonta, Calderon,     |                     |
          |                |      |Chang, Daly, Eggman, |                     |
          |                |      |Gallagher,           |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |                |      |Eduardo Garcia,      |                     |
          |                |      |Gordon, Holden,      |                     |
          |                |      |Jones, Quirk,        |                     |
          |                |      |Rendon, Wagner,      |                     |
          |                |      |Weber, Wood          |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
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                                                                        AB 90


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          SUMMARY:  Designates the Department of Housing and Community  
          Development (HCD) as the agency responsible for administering the  
          federal Housing Trust Fund (HTF).  Specifically, this bill:  
          1)Requires HCD to administer the HTF funds through programs that  
            produce, rehabilitate, or support the operation of rental  
            housing for extremely low- and very low-income households.
          2)Allows up to 10% of the HTF funds to be used to support  
            first-time homeownership for extremely low- and very low-income  
            households. 


          3)Requires that any rental project funded from the federal HTF be  
            restricted to 55 years affordability. 


          4)Requires that any homeownership program funded from the federal  
            HTF be restricted to thirty years affordability. 


          5)Requires HCD, in collaboration with the California Housing  
            Finance Agency (CalHFA), to develop an allocation plan to show  
            how the HTF funds will be spent based on the priority needs  
            identified in the state's consolidated plan.


          6)Requires HCD to submit the allocation plan to the Assembly  
            Housing and Community Development Committee and the Senate  
            Transportation and Housing Committee 30 days prior to receiving  
            the HTF funds.


          7)Requires the allocation plan to give priority to projects based  
            on the following:


             a)   Geographic diversity;










                                                                        AB 90


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             b)   The extent to which rents are affordable, especially to  
               low-income households;


             c)   The merits of a project;


             d)   Applicants readiness; and 


             e)   The extent to which projects will use nonfederal funds.


          1)Requires HCD to convene a stakeholder process to inform the  
            allocation plan and to include organizations that provide rental  
            housing to extremely low- and very low-income households or  
            assist extremely low- and very low-income households to become  
            homeowners. 
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)One-time costs in Fiscal Year 2015-16 of approximately $590,000  
            (General Fund) to HCD for 4.5 Past Years, operating expenses and  
            equipment to development the program based on the typical number  
            of applications received and awards made under the Multifamily  
            Housing Program and Home Investment Partnerships programs. Some  
            or all of this amount would be reimbursable out of HCDs  
            allocation of the federal HTF once funds are received.


          2)On-going costs in the range of $1 million (federal funds) for  
            continued administration and evaluation of the program with  
            adjustments each year, depending on the size and growth of the  
            federal HTF and HCD's allocation. This cost falls within the  
            allowable administrative costs reimbursable from the federal  
            HTF.










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          Note:  According to California Housing Financing Agency, the  
          latest estimate of Fannie Mae and Freddie Mac contributions for  
          the calendar year 2015 as originally authorized by Housing and  
          Economic Recovery Act is about $350 million, with an estimated  
          allocation to California of $41 million.  Administrative costs to  
          administer the funds may not exceed 10% of the annual allocation,  
          pursuant to United States (U.S.) Department of Housing and Urban  
          Development regulations.


           COMMENTS:


          Background:  


          The Public Policy Institute of California has identified that more  
          than 36% of mortgaged homeowners and 47% of all renters are  
          spending more than 35% of their household incomes on housing.  In  
          California we have about 134,000 homeless people living in our  
          streets, parks, alleys, and freeway off-ramps.  At the same time  
          vacancy rates are low and rents are increasing.  


          According to the U.S. Department of Housing and Urban Development,  
          California has six of the most expensive rental markets in the  
          country.  Nationwide, rents in 2014 grew the fastest in the San  
          Jose and San Francisco metropolitan areas, increasing by 14.4% and  
          13.5%, respectively.  Between 2006 and 2011, rents increased  
          throughout the state by an average of ten percent. Lower-income  
          households represent a majority of renter households.  Out of 5.1  
          million renters in California, 60% are in lower-income households,  
          while one in four renter households are in the extremely  
          low-income.  One in two renters in California pay in excess of 30%  
          of their income towards housing and one in four renters pay half  
          of their income towards housing.


          The funding sources to support construction of affordable housing  








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          have drastically diminished over the last five years.  The  
          dissolution of redevelopment agencies eliminated up to $1 billion  
          in funding that was available for affordable housing construction.  
           The last statewide housing bond was approved in 2008 and the  
          proceeds of those bonds have been exhausted.   


           The Federal Housing Trust Fund:  


          The Housing and Economic Recovery Act (HERA) of 2008 directed  
          Fannie Mae and Freddie Mac to set aside 0.042% of new business for  
          the federal HTF. Sixty-five percent was directed to the federal  
          HTF and 35% to the Capital Magnet Fund. Before the funds could be  
          directed toward the HTF, the banking and foreclosure crisis hit  
          and funding for the program was put on hold. In December of last  
          year, the Federal Housing Finance Agency lifted the suspension of  
          funding and directed Fannie Mae and Freddie Mac to set aside funds  
          for the HTF starting on January 1, 2015. It is anticipated that  
          funds may be allocated as soon as the summer of 2016. 


          The HTF is a permanent federal funding source for affordable  
          housing and the funds must be used to produce, preserve,  
          rehabilitate, or support the operation of rental housing for  
          extremely low- and very low-income families, including homeless  
          families, and for homeownership for extremely low- and very  
          low-income families.  Ninety percent of funding from the HTF must  
          be used toward rental housing and up to 10% may be used toward  
          homeownership.  Additionally, 75% of funding must go toward  
          extremely low-income families.  Further, when there is only $1  
          billion available in the federal HTF then 100% of the funds must  
          be used to benefit extremely low-income households. 


          Federal guidelines require that the HTF be distributed to states  
          by a formula based on: 










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          1)Shortage and availability of rental housing for extremely-low  
            income families and very-low income families;
          2)Number of extremely low- and very low-income families who are  
            severely rent burdened or pay more than 50% of their income  
            toward rent and utilities.


          Purpose of the bill:  


          Each state is required to choose a state agency to administer the  
          HTF.  This bill establishes HCD as that agency and requires the  
          department to develop a plan for how the funds will be spent.  The  
          federal guidelines require states to develop an allocation plan  
          each year to show how the HTF will be distributed in the coming  
          year.  The allocation plan must be based on the priority needs  
          identified in the state's consolidated plan.  This bill aligns  
          with the federal requirements to develop an allocation plan for  
          how the fund will be allocated each year. 




          Analysis Prepared by:                                               
                          Lisa Engel / H. & C.D. / (916) 319-2085  FN:  
          0000681