BILL NUMBER: AB 792 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Member Garcia
FEBRUARY 22, 2007
An act to add Chapter 11.6 (commencing with Section 50810) to Part
2 of Division 31 of the Health and Safety Code, relating to housing,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 792, as amended, Garcia. Environmentally Sustainable Affordable
Housing Program.
Existing law, the Housing and Emergency Shelter Trust Fund Act of
2006, authorizes the issuance of bonds in the amount of
$2,850,000,000 pursuant to the State General Obligation Bond Law.
Proceeds from the sale of these bonds are required to be used to
finance various existing housing programs, capital outlay related to
infill development, brownfield cleanup that promotes infill
development, and housing-related parks. The act establishes the
Housing and Emergency Shelter Trust Fund of 2006 in the State
Treasury and requires the sum of $1,500,000,000 to be deposited in
the Affordable Housing Account, which the act establishes in the
fund. The act continuously appropriates the money in the account in
accordance with a specified schedule that requires, among other
things, the transfer of the sum of $100,000,000 to the Affordable
Housing Innovation Fund, which the act establishes in the State
Treasury, to be administered by the Department of Housing and
Community Development and expended for competitive grants or loans to
sponsoring entities that develop, own, lend, or invest in affordable
housing, and to create pilot programs to demonstrate innovative,
cost-saving approaches to creating or preserving affordable housing.
This bill would establish the Environmentally Sustainable
Affordable Housing Program under the administration of the
department, consisting of the Construction Liability Insurance Reform
Pilot Program; the Green Building, Energy Efficiency, and Building
Design Program; and the Affordable Housing for Teachers Program, all
of which would be under the administration of the department.
The bill would require the department to fund these programs, with
bond funds transferred to the Affordable Housing Innovation Fund
that are made available to the department for that purpose.
The bill would establish the Construction Liability Insurance
Reform Pilot Program under the administration of the department for
the purpose of promoting best practices for residential construction
quality control in housing programs sponsored by the department or by
the California Housing Finance Agency, as a means of reducing
insurance rates for condominium developers in California.
The bill would establish the Green Building, Energy Efficiency,
and Building Design Program under the administration of the
department for the purpose of promoting the use of green building to
assist in the implementation of the goals established by the Climate
Action Team Report to the Governor and Legislature, which identified
strategies to reduce greenhouse gas emissions, including continued
implementation of the Green Building Initiative.
The bill would establish the Affordable Housing for Teachers
Program under the administration of the department for the purpose of
establishing a pilot program of assistance to school districts and
community college districts attempting to attract and retain district
employees, including teachers, through provision of oncampus
housing.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 11.6 (commencing with Section 50810) is added
to Part 2 of Division 31 of the Health and Safety Code, to read:
CHAPTER 11.6. ENVIRONMENTALLY SUSTAINABLE AFFORDABLE HOUSING
PROGRAM
50810. This chapter shall be known and may be cited as the
Environmentally Sustainable Affordable Housing Act.
50812. The Environmentally Sustainable Affordable Housing Program
is hereby established under the administration of the department,
and shall consist of the Construction Liability Insurance Reform
Pilot Program established under Section 50816, the Green Building,
Energy Efficiency, and Building Design Program established under
Section 50818, and the Affordable Housing for Teachers Program
established under Section 50820, all of which shall be administered
by the department.
50814. (a) The department shall fund the programs established
under this chapter with any funds that are made available to the
department for that purpose under subparagraph (F) of paragraph (1)
of subdivision (a) of Section 53545.
(b) The department shall issue a periodic notice of funding
availability specifying the funds that are available for each program
established under this chapter, the per-project limit for each
program, and the competitive criteria upon which projects will be
selected.
(c) From the funds made available to the department as described
in subdivision (a), the department shall make the following
allocations:
(1) The total initial allocation to be distributed among the
programs established under this chapter shall be equal to 25 percent
of the total made available to the department as described in
subdivision (a).
(2) An additional amount equal to the initial allocation made
under paragraph (1) shall be distributed among the programs under the
initial notice of funding availability process.
(3) Funds remaining after the allocations made under paragraphs
(1) and (2) shall be distributed among the programs under subsequent
notice of funding availability processes. In the aggregate,
distributions made under this paragraph shall be based on relative
demand for program funds and expenditure rates.
(2) The department may adjust the initial and subsequent
allocations based on relative demand for program funds and
expenditure rates.
50816. (a) The Construction Liability Insurance Reform Pilot
Program is hereby established under the administration of the
department.
(b) The purpose of the program is to promote best practices for
residential construction quality control in housing programs
sponsored by the department or the California Housing Finance Agency,
as a means of reducing insurance rates for condominium developers in
this state.
(c) Funds shall be made available in the form of grants for
predevelopment costs of condominium projects funded by the department
or the California Housing Finance Agency that utilize enhanced
construction oversight and monitoring programs and processes
including, but not limited to, video recording of the construction
process, use of quality control manuals, and increased quality
control inspections.
50818. (a) The Green Building, Energy Efficiency, and Building
Design Program is hereby established under the administration of the
department.
(b) The purpose of the program is to encourage the use of green
building to assist in the implementation of the goals established by
the Climate Action Team Report to the Governor and Legislature, which
identified strategies to reduce greenhouse gas emissions, including
continued implementation of the Green Building Initiative.
(c) Funds shall be made available in the form of grants to finance
a portion of the costs of incorporating additional
energy-efficiency, green building, and universal design accessibility
features in projects funded by the department or the California
Housing Finance Agency.
50820. (a) The Affordable Housing for Teachers Program is hereby
established under the administration of the department.
(b) The purpose of the program is to establish a pilot program of
assistance to school districts and community college districts
attempting to attract and retain district employees, including
teachers, through provision of oncampus housing.
(c) Funds shall be made available in the form of grants to school
districts or community college districts for predevelopment costs
associated with creating housing for district employees, including
teachers, located on campus.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure that available funds for needed housing
programs are distributed as quickly as possible, it is necessary that
this act take effect immediately.