BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                         AB 90|
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                                   THIRD READING 


          Bill No:  AB 90
          Author:   Chau (D) and Atkins (D)
          Amended:  4/22/15 in Assembly
          Vote:     21  

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 6/30/15
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  80-0, 6/4/15 - See last page for vote

           SUBJECT:   Federal Housing Trust Fund


          SOURCE:    Author


          DIGEST:  This bill designates the California Department of  
          Housing and Community Development (HCD) as the agency  
          responsible for administering the federal Housing Trust Fund  
          (HTF), pursuant to the federal Housing and Economic Recovery Act  
          of 2008.


          ANALYSIS:   


          Existing law:

          1)Creates the federal HTF as part of the Housing and Economic  








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            Recovery Act of 2008 (HERA).  This program will allocate funds  
            to state and state-designated entities on a formula basis for  
            the production or preservation of affordable housing.  Federal  
            regulations, released in January 2015, specify how states must  
            use these funds. 

          2)Defines extremely low-income (ELI) households as households  
            with incomes between zero and 30% of area median income and  
            very low-income (VLI) families' incomes as between 30% and 50%  
            of area median income. 

          3)Requires HCD to report on or before December 31 of each year  
            to the Governor and both houses of the Legislature on the  
            operations and accomplishments during the prior fiscal year of  
            the housing programs administered by it. 

          This bill:

          1)Designates HCD as the agency responsible for administering the  
            federal HTF pursuant to HERA. 

          2)Requires HCD to administer the funds through programs that  
            produce, preserve, rehabilitate, and support the operation of  
            rental housing for ELI and VLI households.

          3)Allows up to 10% of funding to be used to support  
            homeownership for ELI and VLI households.  

          4)Requires any rental project funded by the federal HTF to be  
            affordable for 55 years. 

          5)Requires any homeownership program funded from the federal HTF  
            to be affordable for 30 years.

          6)Requires HCD to collaborate with the California Housing  
            Finance Agency (CalHFA) to develop an allocation plan to  
            demonstrate how the federal funds shall be distributed based  
            upon the priority housing needs identified in the state  
            consolidated plan.  The allocation plan shall give priority to  
            projects based on:

             a)   Geographic diversity;

             b)   The extent to which rents are affordable, especially to  







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               ELI households;

             c)   The merits of a project;

             d)   Applicants' readiness; and

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

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

          8)Requires HCD and CalHFA to convene a stakeholder process to  
            inform the development of the allocation plan.  Stakeholders  
            shall include, but not be limited to, organizations that  
            provide rental housing for ELI households and VLI households  
            or assist ELI households and VLI households to become  
            homeowners. 

          9)Requires HCD to add to a yearly report, due to the Governor  
            and both houses of the Legislature on or before December 31 of  
            each year, an evaluation of the program established by HCD to  
            meet the federal HTF program guidelines.


          Comments


          Purpose of this bill.  According to the authors, our state is  
          facing an affordable housing crisis.  The funding sources to  
          support construction of affordable housing 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.  This bill is part  
          of a larger package of bills to address the growing affordable  
          housing crisis.  This bill designates HCD as the state entity  
          responsible for administering the federal HTF.  It also requires  
          HCD to develop an allocation plan for how to spend the funds and  
          to provide that plan to the Senate Transportation and Housing  
          Committee and the Assembly Housing and Community Development  
          Committee.  The allocation plan will be developed through a  







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          stakeholder process.  HCD is required to report back to the  
          Legislature on how HTF funds are spent.

          Lack of funding for affordable housing.  The U.S. Department of  
          Housing and Urban Development defines "affordable" as housing  
          that costs no more than 30% of a household's monthly income.   
          That means rent and utilities in an apartment or the monthly  
          mortgage payment and housing expenses for a homeowner should be  
          less than 30% of a household's monthly income to be considered  
          affordable.  According to the national Center for Housing  
          Policy, 34% of working renters in California spend half or more  
          of their income on housing.  Among all 50 states, California has  
          the highest fraction of working renters who spend half or more  
          of their income on housing.  In recent years, the funding for  
          the construction of affordable housing has dramatically  
          decreased with the loss of redevelopment funds and the  
          expenditure of funding from the last state-wide housing bond.  

          Federal Housing Trust Fund.  HTF is an affordable-housing  
          production program that will complement existing federal, state,  
          and local efforts to increase and preserve the supply of decent,  
          safe, and sanitary affordable housing for ELI and VLI  
          households, including homeless families.  The HTF was created  
          under the HERA of 2008.  HERA directed Fannie Mae and Freddie  
          Mac to set aside .042% of new mortgage purchases in the federal  
          HTF.  Sixty-five percent was directed to the federal HTF and 35%  
          to the Capitol Magnet Fund.  Unfortunately, before the funds  
          could be directed to the HTF, the banking and mortgage crisis  
          hit and funding for the program was put on hold.  In December of  
          2014, the Federal Housing Finance Agency lifted the suspension  
          of funding and directed Fannie Mae and Freddie Mac to set aside  
          funds for the HTF beginning on January 1, 2015.  These funds may  
          be allocated as soon as the summer of 2016 on a formula basis.  

          States and state-designated entities are eligible grantees for  
          the HTF.  HTF funds may be used for the production or  
          preservation of affordable housing through the acquisition, new  
          construction, reconstruction, and/or rehabilitation of  
          non-luxury housing with suitable amenities.  All HTF-assisted  
          units will be required to have a minimum affordability period of  
          30 years.  Federal law also requires money to be distributed to  
          states by formula.  This formula is based upon shortage of  
          rental properties affordable and available to ELI and VLI  
          households and number of ELI and VLI renter households paying  







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          more than 50% of their income for rent and utilities.  Priority  
          will be given to ELI households.  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee:

           One-time HCD costs of approximately $589,000 in FY 2015-16 for  
            4.5 PY of staff time to develop a program for distribution of  
            federal HTF funds (General Fund).  It is likely that these  
            funds could be reimbursed from the initial distribution of  
            federal funds, which is expected in 2016-17.

           Ongoing HCD costs in the range of $1 million in 2016-17 for 9  
            PY of staff time for program evaluation, development, and  
            administration (federal funds).  HCD's ongoing administrative  
            costs would be adjusted annually, based upon expected  
            allocations of federal HTF funds.  All costs are expected to  
            be below the 10 percent allowance for administrative costs  
            that may be retained by HCD from federal HTF allocations.


           Ongoing HCD local assistance expenditures of approximately $40  
            million, beginning in 2016-17 (federal funds).  Amounts of HTF  
            funds available for expenditure are dependent upon federal  
            formulas and the aggregate amount of mortgages funded through  
            specified federal entities. 




          SUPPORT:   (Verified8/28/15)


          A Community of Friends
          AARP, California
          Abode Communities
          Access to Independence
          Bridge Housing
           Building Industry Association of Southern California's Los  
            Angeles/Ventura Chapter
          California Catholic Conference of Bishops
          California Building Industry Association







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          California Catholic Conference
          California Chamber of Commerce
          California Community Foundation
          Californians for Safety and Justice
          California Housing Consortium
          California Infill Builders Federation
          California Rural Legal Assistance Foundation
          California State Council of the Service Employees International  
          Union 
          City and County of San Francisco
          City of Los Angeles
          City of Morgan Hill
          City of San Jose
          City of Santa Monica
          City of Torrance
          City of West Hollywood
          Coalition for Economic Survival
          Community Corporation of Santa Monica
          Department of Housing and Community Development of Los Angeles
          East LA Community Corporation
          Enterprise Community Partners
          Habitat for Humanity
          Highridge Costa Housing Partners
          Highridge Costa Investors
          Housing Authority of the City of Los Angeles
          Housing California
          Hunger Advocacy Network
          Inquilinos Unidos
          Jewish Family Services of San Diego
          Leading Age California
          League of California Cities
          LINC Housing
          Los Angeles Business Council
          Mayor, City of Long Beach 
          Mayor, City of Los Angeles 
          Mayor, City of Oakland 
          Mayor, City of Sacramento 
          Mayor, City of San Francisco 
          Mayor, City of San Jose 
          Mayor, City of Santa Ana 
          Mercy Housing California
          National Association of Social Workers, California Chapter 
          Non- Profit Housing Association of Northern California 
          PATH







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          Public Counsel
          Related California
          San Diego and Imperial Counties Labor Council
          San Diego County Apartment Association 
          Santa Clara County Board of Supervisors
          SEIU California
          Southern California Association of Nonprofit Housing
          Skid Row Housing Trust
          United Way of Greater Los Angeles
          Western Center on Law and Poverty
          West Hollywood Community Housing Corporation
          WORKS


          OPPOSITION:   (Verified8/28/15)


          None received

          ASSEMBLY FLOOR:  80-0, 6/4/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

          Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
          8/31/15 8:32:55


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