BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2475


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          Date of Hearing:  April 20, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          AB 2475  
          (Gordon) - As Amended March 18, 2016


          SUBJECT:  Loan program:  California Infrastructure and Economic  
          Development Bank.


          SUMMARY:  Creates the Local Government Affordable Housing  
          Forgivable Loan Program.  Specifically, this bill:  


          1)Creates, within the California Infrastructure and Economic  
            Development Bank (I-Bank), 


          the Local Government Affordable Housing Forgivable Loan Program  
            (loan program).
          2)Defines the following terms for the loan program:


             a)   "Affordable housing" to mean a dwelling available for  
               purchase or lease by persons and families who qualify as  
               low- and moderate-income, very low-income households, or  
               extremely low-households, as defined.


             b)   "Loan program" to mean the Local Government Affordable  
               Housing Forgivable Loan Program established by this  
               chapter; and,








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             c)   "Local government" to mean a city, county, or city and  
               county.


          3)Requires the I-Bank to develop and administer the loan program  
            to make loans to a local government for the development of  
            affordable housing by the local government on terms and  
            conditions the I-Bank deems in the best interests of the  
            state.


          4)Specifies that a local government shall not be required to  
            repay a loan made pursuant to the loan program, as follows:


             a)   A local government shall not be required to repay  
               one-half of the principal of, and accrued interest on, a  
               loan made pursuant to the loan program, if all of the  
               following requirements have been satisfied by the local  
               government to the satisfaction of the  Board:


               i)     The affordable housing financed with the loan  
                 proceeds is compatible with the Sustainable Communities  
                 Strategy (SCS);


               ii)    The affordable housing financed with the loan  
                 proceeds contributes to the reduction of greenhouse gases  
                 pursuant to the SCS;


               iii)   Each dwelling of affordable housing financed with  
                 the loan proceeds is restricted by deed to remain  
                 affordable housing for 55 years from the completion of  
                 the dwelling;









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               iv)    At least 75% of the dwellings in an affordable  
                 housing development financed with the loan proceeds are  
                 affordable to very low-income households, or extremely  
                 low- income households, as defined, at either an  
                 affordable housing cost or an affordable rent, as  
                 defined; and,


               v)     The local government contributed to development of  
                 the affordable housing financed with the loan proceeds in  
                 an amount of funds that are equal to, or infrastructure  
                 improvements that are equal to, the amount of the loan.


          5)Specifies that a local government shall not be required to  
            repay any amount of a loan made pursuant to the loan program,  
            if all of the following requirements have been satisfied by  
            the local government to the satisfaction of the Board of the  
            I-Bank:


             a)   All the requirements listed in 4), above;


             b)   The local government waived at least 50% of any  
               development or permitting fees it could have imposed on a  
               developer in the ordinary course of approving the  
               development of the affordable housing financed with the  
               loan proceeds; and,


             c)   The affordable housing development financed with the  
               loan proceeds includes onsite access to services needed by  
               the residents of the affordable housing, including, but not  
               limited to, social services and medical services.


          6)Requires the Board of the I-Bank to determine whether a local  








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            government is excused from repaying half or all of the loan  
            after the completion of the development of the affordable  
            housing financed with the loan proceeds.


          7)Requires the Board of the I-Bank to make a determination  
            pursuant to 6), above, only after consulting with the  
            Strategic Growth Council and the California Housing Finance  
            Agency regarding whether the local government met the  
            requirements of 4), above.  Requires the Strategic Growth  
            Council and the California Housing Finance Agency to respond  
            to a request for consultation from the Board within a  
            reasonable time.


          8)Requires the I-Bank Board to establish a process for a local  
            government to apply for a reduction in loan repayment.


          EXISTING LAW:  


          1)Establishes the I-Bank within the Governor's Office of  
            Business and Economic Development (GO-Biz) and authorizes it  
            to undertake a variety of infrastructure related financial  
            activities including, but not limited to, the administration  
            of a revolving loan fund, oversight of the Small Business  
            Finance Center, and the issuance of tax-exempt and taxable  
            revenue bonds.

          2)Defines "project" for purposes of the I-Bank to mean  
            designing, acquiring, planning, permitting, entitling,  
            constructing, improving, extending, restoring, financing and  
            generally development of public development facilities or  
            economic development facilities within the state or financing  
            transition costs or the acquisition of property or both upon  
            approval of financing order by the Public Utilities  
            Commission.









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          3)Defines "extremely low-income households" to mean persons and  
            families whose incomes do not exceed 30% of median area  
            income.


          4)Defines very low-income households" to mean persons and  
            families whose incomes do not exceed 50% of median area  
            income.


          5)Defines "low-income households" to mean persons and families  
            whose income does not 80% of median area income.


          6)Defines "moderate-income households" to mean persons and  
            families of low or moderate income whose income exceeds the  
            income limit for lower-income households.


          FISCAL EFFECT:  This bill is keyed fiscal.


          COMMENTS:  


          1)Bill Summary.  This bill would direct I-Bank to develop a new  
            loan program to make loans to local governments for affordable  
            housing developments.  If a local government meets certain  
            requirements, the I-Bank would forgive either half of the loan  
            amount or the full loan amount. To qualify to have half of the  
            loan forgiven, a local government would have to:  develop  
            affordable housing that is compatible with the communities  
            greenhouse gas reduction plan, or SCS, the affordable housing  
            development would need to contribute to a reduction in  
            greenhouse gases, at least 75% of the affordable housing units  
            in the development would need to be for extremely low- and  
            very low-income households restricted for 55 years, and the  
            local government would have to contribute an amount equal to  








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            the amount of the loan or infrastructure improvements equal to  
            the amount of the loan. To get the entire loan forgiven, the  
            local government would have to comply with all of the  
            requirements listed above and waive at least 50% of any  
            development or permitting fees it could have imposed on a  
            developer and the development would have to include onsite  
            services for residents, including social services and medical  
            services. 


            This bill is an author-sponsored measure.


          2)Author's Statement.  According to the author, "AB 2475 creates  
            a forgivable loan program, housed within the I-Bank, to assist  
            local governments in financing critical new affordable housing  
            projects. The program will hold loan recipients accountable to  
            meeting required criteria that contribute positive outcomes  
            back to the state as well as local communities. Through  
            working together, local governments, developers, and the state  
            can integrate major regional planning and development targets  
            into much needed affordable housing projects. 


          In return, loans will be eligible for partial or full  
            forgiveness upon project completion. 
          AB 2475 takes advantage of the I-Bank's expertise in development  
            financing, and places responsibility for administering this  
            new program there.  However, the bill also recognizes that  
            meeting the specific requirements of the program is essential  
            to its success. Because of this, the loan forgiveness  
            determination occurs after project completion, and requires  
            that 
          I-Bank consults with the Strategic Growth Council (SGC) and  
            California Housing Finance Agency (CalHFA) on whether the  
            project meets the required criteria.  By integrating these  
            entities into the final project review, the I-Bank will be  
            able to leverage experts in sustainable development and  
            housing finance to ensure that the criteria of the program  








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            have been met.
            "Rather than giving out funding in the form of matching grants  
            for these critical developments, AB 2475 requires recipients  
            follow through on promises.  This strategy supports the  
            State's climate action goals to reduce GHGs, while also  
            addressing the housing crisis by providing funding to local  
            governments for housing projects.  Integrating state goals  
            with local needs is mutually beneficial.


            "The I-Bank was created within Go-BIZ in 1994 to provide  
            financial assistance for infrastructure and development  
            projects that stimulate the economy, promote job creation, and  
            strengthen California communities.  To do this, the I-Bank has  
            authority to issue bonds, finance public agencies, provide  
            credit enhancements, acquire or lease facilities, and leverage  
            State and Federal dollars for its various programs."


          3)Two-thirds vote.  The I-Bank Fund is a continuously  
            appropriated fund; therefore, because this bill expands  
            I-Bank's duties, this bill will require a two-thirds vote of  
            each house.


          4)Policy Considerations.  The I-Bank currently funds projects  
            related to infrastructure  including city streets, county  
            highways, drainage, water supply and flood control,  
            educational facilities, environmental mitigation measures,  
            parks and recreational facilities, port facilities, power and  
            communications, public transit, sewage collection and  
            treatment, solid waste collection and disposal, water  
            treatment and distribution, defense conversion, public safety  
            facilities, state highways, military infrastructure, and goods  
            movement-related infrastructure. This bill would expand the  
            scope of I-Bank's programs to include affordable housing.


          5)Arguments in Support.  Supporters argue that these loans have  








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            the potential to help build many additional units and create  
            additional jobs and economic activity.  


          6)Arguments in Opposition.  Opponents note concern with the deed  
            restriction provision contained in the bill.


          7)Double-Referral.  This bill was heard in the Housing and  
            Community Development Committee on April 13, 2016, where it  
            passed with a 6-1 vote.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Planning Association, California Chapter


          California State Association of Counties (CSAC)


          City of Oakland


          League of California Cities




          Opposition


          California Association of Realtors (unless amended)








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          Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958