BILL ANALYSIS Ó
SB 837
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SENATE THIRD READING
SB
837 (Committee on Budget and Fiscal Review)
As Amended June 12, 2016
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
SENATE VOTE: Vote not relevant
SUMMARY: Makes necessary statutory and technical changes to
implement changes to the Budget Act of 2016 related to the
General Government and provisions. Specifically, this bill:
1)Establishes tax credits under the Personal Income Tax Law and
the Corporation Tax Law for taxable years beginning on or
after January 1, 2017, and before January 1, 2022, for a
qualified taxpayer who donates fresh fruits or fresh
vegetables to a food bank in California.
2)Establishes a credit against the net tax, defined by Revenue
and Taxation Code Section 17039, an amount equal to 15% of the
qualified value of those fresh fruits and fresh vegetables.
3)Creates the California Emergency Solutions Grant (ESG)
Program, to be administered by the California Department of
Housing and Community Development.
4)Provides that funded activities may include without limitation
activities eligible under the Federal ESG Program including:
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a) Engaging homeless individuals and families living on the
street
b) Operating homeless shelters and providing essential
services to shelter residents
c) Rapidly rehousing homeless individuals and families; and
d) Preventing families and individuals from becoming
homeless.
e) Facilitate technical assistance activities to improve
the capacity of sub recipients and the continuum of care to
end homelessness.
5)Provides that the California ESG program generally will be
administered by the Department in a manner consistent with the
Federal ESG. However, provides the department flexibility to
address the purposes of the chapter or to improve the
effectiveness or efficiency of the California ESG program.
6)Allows a taxpayer, beginning on or after January 1, 2009, and
before January 1, 2020, that is allowed a low-income housing
tax credit to elect to sell all or a portion of that credit to
one or more unrelated parties, for each taxable year in which
the credit is allowed for not less than 80% of the amount of
the credit to be sold, and provides for the one-time resale of
that credit.
7)Requires that California Tax Credit Allocation Committee to
enter into an agreement with the Franchise Tax Board to pay
any costs incurred by the Franchise Tax Board in administering
these provisions.
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8)Establishes the new Public Safety Communications (PSC) Fund;
specifies what monies may be included in the fund; and
requires any balance, which exceeds 25% of the current fiscal
year's budget for PSC, to be used to reduce billing service
rates during the following fiscal year.
9)Establishes the California Seismic Safety Capital Access Loan
Program to cover losses on qualified loans by participating
lenders to qualified residential property owners or qualified
small businesses for eligible projects.
10)Requires the Department of Housing and Community Development
(HCD) to disburse money to the Habitat for Humanity of
California.
11)Requires Habitat for Humanity to submit a plan to HCD within
60 calendar days of receiving a disbursement, for the use and
competitive project-specific distribution of money that are in
active status, and that are exempt from federal income
taxation as a 501(c)(3) organization, and requires an annual
audit of the program to be submitted to HCD.
12)Establishes the Director of Enterprise Risk Management and
Compliance within the California Housing Finance Agency
(CalHFA), and would require the Director to assist in the
implementation of processes, tools, and systems to identify,
assess, measure, manage, monitor and mitigate risks related to
the development of new programs or changes to existing law or
regulations that may result in new or increased risk to the
agency.
13)Establishes the Community Based Transitional Housing Program
to be administered by the Department of Finance, to provide
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grants to cities and counties to increase the supply of
transitional housing available to persons previously
incarcerated for felony and misdemeanor convictions.
14)Requires cities and counties to submit an application between
October 1, 2016, and October 1, 2018, that includes specified
information and to approve the issuance of a conditional use
permit or other local entitlement for a transitional housing
facility that meets specified criteria including that the
facility provide transitional housing for a period of not less
than 10 years and that it provides additional services to
residents.
15)Modifies the Roberti-Greene Home Purchase Assistance Program
within the California Housing Finance Agency to provide home
purchase assistance to low- and moderate income homebuyers to
qualify for the purchase of owner-occupied homes. Provides
that assistance to first-time homebuyers is a priority use of
funds.
16)Changes the name of the Medical Marijuana Regulation and
Safety Act, the Bureau of Medical Marijuana Regulation, and
the Medical Marijuana Regulation and Safety Act Fund to the
Medical Cannabis Regulation and Safety Act, the Bureau of
Medical Cannabis Regulation, and the Medical Cannabis
Regulation and Safety Act Fund. Provides additional
guidelines, which, among other things:
a) Set forth definitions and guidelines for administration,
enforcement, licensing, and reporting of medical cannabis.
b) Require the State Water Resources Control Board, in
consultation with the Department of Fish and Wildlife, to
adopt principles and guidelines for diversion and use of
water for cannabis cultivation, as specified.
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c) Require an applicant for a license for indoor or outdoor
cultivation to identify the source of water supply, as
specified.
d) Authorize the Department of Food and Agriculture to
establish appellations of origin for cannabis grown in the
state instead of the Bureau of Medical Cannabis Regulation.
e) Authorize the State Department of Public Health to
develop standards for the manufacturing and labeling of all
manufactured medical cannabis products.
17)Requires a county elections official who receives an
affidavit of registration that does not include a political
party preference to designate the person's political party
preference as "Unknown" on a voter registration index and
would require the person to otherwise be treated as a "No
Party Preference" voter.
18)Prohibits counting a person in the total number of voters
registered before the election for purposes of determining
whether a political party qualified to participate in a
primary election if that person is registered by a county
elections official through an affidavit of registration, or by
the Secretary of State through motor vehicle records, and his
or her party preference is designated as "Unknown" because he
or she did not include a party preference on his or her
affidavit.
FISCAL EFFECT: Includes a continuous appropriation for the
California Seismic Safety Capital Access Loan Program.
COMMENTS: This bill contains necessary statutory and technical
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changes to implement the Budget Act of 2016 related to General
Government.
Analysis Prepared by:
Jazmin Hicks and Genevieve Morelos/ BUDGET /
(916) 319-2099
FN:
0003428