BILL ANALYSIS Ó AB 90 Page 1 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 | | | | | | | | | | | | ------------------------------------------------------------------- AB 90 Page 2 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 Page 3 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. AB 90 Page 4 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 AB 90 Page 5 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: AB 90 Page 6 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