BILL NUMBER: AB 1017 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 7, 2008
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Member Ma
FEBRUARY 22, 2007
An act to add Chapter 8 (commencing with Section 50700)
to Part 2 of Division 31 of the Health and Safety Code, relating to
housing. amend Section 211 51 of the Public
Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1017, as amended, Ma. Affordable housing program.
California Environmental Quality Act: appeal to local
lead agency's elected decisionmaking body.
(1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
CEQA provides that if a nonelected decisionmaking body of a local
lead agency certifies an EIR, approves a negative declaration or
mitigated negative declaration, or determines that a project is not
subject to CEQA, that certification, approval, or determination may
be appealed to the agency's elected decisionmaking body, if any.
This bill would require that appeal to be brought within 30 days
of the certification, approval, or determination, unless that period
is extended to a maximum of 60 days by the elected decisionmaking
body, in which case the appeal would be required to be brought within
that extended period. By increasing the duties of a local government
to determine whether to extend an appeal period, the bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law provides for various affordable housing development
incentive programs.
This bill would establish the California Affordable Housing
Revolving Development and Acquisition Program under the
administration of the Department of Housing and Community Development
for the purpose of funding projects to develop or preserve
affordable housing. The bill would establish the California
Affordable Housing Revolving Development and Acquisition Fund in the
State Treasury and would make moneys in the fund available for the
purposes of making loans authorized under the bill. The bill would
require the department to issue a Notice of Funding Availability to
select a private sector entity to manage the fund, including
reviewing and approving loan applications, originating loans, and
servicing loans. The bill would, upon appropriation by the
Legislature, require the sum of $25,000,000 to be transferred to the
fund from the Affordable Housing Innovation Fund in the State
Treasury.
The bill would also establish the Affordable Housing Committee in
state government, consisting of the Director of Housing and Community
Development, or his or her designee, and 4 additional members
appointed by the Senate Committee on Rules and the Assembly Committee
on Rules. The bill would establish the Affordable Housing Committee
Fund in the State Treasury and would make moneys in the fund
available for the purposes of making loans authorized under the bill.
The bill would require the committee to manage the fund and review
and approve loan applications, originate loans, and service loans.
The bill would, upon appropriation by the Legislature, require the
sum of $25,000,000 to be transferred to this fund from the Affordable
Housing Innovation Fund in the State Treasury.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21151 of the Public
Resources Code is amended to read:
21151. (a) All local agencies shall prepare, or cause to be
prepared by contract, and certify the completion of, an environmental
impact report on any a project that
they intend to carry out or approve which that
may have a significant effect on the environment. When a
report is required by Section 65402 of the Government Code, the
environmental impact report may be submitted as a part of that
report.
(b) For purposes of this section, any a
significant effect on the environment shall be limited to
substantial, or potentially substantial, adverse changes in physical
conditions which that exist within the
area as defined in Section 21060.5.
(c) If a nonelected decisionmaking body of a local lead agency
certifies an environmental impact report, approves a negative
declaration or mitigated negative declaration, or determines that a
project is not subject to this division, that certification,
approval, or determination may be appealed to the agency's elected
decisionmaking body, if any. An appeal brought pursuant to this
subdivision shall be brought within 30 days of the certification,
approval, or determination, unless that period is extended to a
maximum of 60 days by the elected decisionmaking body, in which case
the appeal shall be brought within the extended period determined by
the elected decisionmaking body.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. Chapter 8 (commencing with Section
50700) is added to Part 2 of Division 31 of the Health and Safety
Code, to read:
CHAPTER 8. AFFORDABLE HOUSING PROGRAMS
50700. (a) The California Affordable Housing Revolving
Development and Acquisition Program is hereby established under the
administration of the department for the purpose of funding projects
to develop or preserve affordable housing.
(b) The California Affordable Housing Revolving Development and
Acquisition Fund is hereby established in the State Treasury. Upon
appropriation by the Legislature, moneys in the fund shall be
available for the purposes of making loans authorized under this
section.
(c) The department shall issue a Notice of Funding Availability to
select a private sector entity to manage the fund. The fund manager
shall be all of the following:
(1) A nonprofit lender based in this state.
(2) The originator and servicer of loans in the aggregate amount
of one hundred million dollars ($100,000,000) or more per year that
are used to develop or acquire affordable housing, including ten
million dollars ($10,000,000) or more in acquisition loans.
(3) The originator of loans in the aggregate amount of fifty
million dollars ($50,000,000) or more using the lender's own capital.
(4) The originator of loans in the aggregate amount of twenty-five
million dollars ($25,000,000) or more using investor capital,
subject to oversight by lending partners.
(d) The fund manager shall review and approve loan applications,
originate loans, and service loans.
(e) Applicants may apply for loans to purchase real property for
the development or preservation of housing affordable to low-income
households.
(f) Applicants shall demonstrate all of the following:
(1) The support of the local government in which the real property
is located for the proposed development project. Support may be
demonstrated through a letter from the governing board or the manager
of the housing or community development department.
(2) Availability of additional funds equal to three times the loan
amount.
(3) Sufficient organizational stability and capacity to carry out
the proposed development project for which the property is being
purchased. Capacity may be demonstrated by substantial successful
experience performing similar activities, or through other means
acceptable to the department.
(4) Not less than five years of experience in the construction or
acquisition and rehabilitation of affordable housing in this state.
(5) Completion of not less than five housing development projects
during the past five years, with each project having not less than 40
percent of the units sold at affordable housing cost, as defined in
Section 50052.5.
(g) The department shall adopt regulations establishing the
minimum criteria required of the fund manager and applicants, as well
as a point system for prioritizing requests in the event that
requests exceed the funds available for the program in any given
year.
(h) Upon appropriation, the sum of twenty-five million dollars
($25,000,000) shall be transferred to the fund from the Affordable
Housing Innovation Fund established under subparagraph (F) of
paragraph (1) of subdivision (a) of Section 53545.
50702. (a) The Affordable Housing Committee is hereby established
in state government, consisting of five members appointed as
follows:
(1) Two members shall be local elected officials who have
extensive backgrounds in the development of affordable housing
programs and shall be selected and appointed by the Senate Committee
on Rules.
(2) Two members shall be local elected officials who have
extensive backgrounds in the development of affordable housing
programs and shall be selected and appointed by the Assembly
Committee on Rules.
(3) The fifth member shall be the Director of Housing and
Community Development or his or her designee.
(b) The Affordable Housing Committee Fund is hereby established in
the State Treasury. Upon appropriation by the Legislature, moneys in
the fund shall be available for the purposes of making loans
authorized under this section.
(c) The committee shall manage the fund and shall review and
approve loan applications, originate loans, and service loans.
(d) Applicants may apply for loans to purchase real property for
the development or preservation of housing affordable to low-income
households.
(e) Applicants shall demonstrate all of the following:
(1) The support of the local government in which the real property
is located for the proposed development project. Support may be
demonstrated through a letter from the governing board or the manager
of the housing or community development department.
(2) Availability of additional funds equal to three times the loan
amount.
(3) Sufficient organizational stability and capacity to carry out
the proposed development project for which the property is being
purchased. Capacity may be demonstrated by substantial successful
experience performing similar activities, or through other means
acceptable to the department.
(4) Not less than five years of experience in the construction or
acquisition and rehabilitation of affordable housing in this state.
(5) Completion of not less than five housing development projects
during the past five years, with each project having not less than 40
percent of the units sold at affordable housing cost, as defined in
Section 50052.5.
(f) Upon appropriation by the Legislature, the sum of twenty-five
million dollars ($25,000,000) shall be transferred to the fund from
the Affordable Housing Innovation Fund established under subparagraph
(F) of paragraph (1) of subdivision (a) of Section 53545.