BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 90| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 90 Page 2 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 AB 90 Page 3 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 AB 90 Page 4 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 AB 90 Page 5 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 AB 90 Page 6 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 AB 90 Page 7 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 **** END **** AB 90 Page 8