BILL ANALYSIS                                                                                                                                                                                                    



                                                                 AB 1129
                                                                 Page  1

          Date of Hearing:   August 13, 2008

               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
                                 Lori Saldana, Chair
                    AB 1129 (Arambula) - As Amended:  July 1, 2008

           SUBJECT  :   Local Housing Trust Fund Matching Grant Program

           SUMMARY  :  Reduces the minimum grant amount a newly established  
          housing trust fund that represents a county with a population of  
          less than 425,000 can receive from the Local Housing Trust Fund  
          Matching Grant Program (Program), administered by the Department  
          of Housing & Community Development (HCD), from $1,000,000 to  
          $500,000. Specifically,  this bill  :  

          1)Reduces the minimum Program grant a newly established local  
            housing trust fund representing a county with a population of  
            less than 425,000 people can receive from $1,000,000 to  
            $500,000.

          2)Requires a newly established trust fund to provide adequate  
            documentation as determined by HCD that an ordinance or tax  
            imposing or dedicating a tax or fee to match the grant has  
            been enacted or that the applicant has adopted a legally  
            binding commitment that the matching funds will be deposited  
            once the application is approved.  

          3)Provides that in determining whether or not a county has a  
            population of less than 425,000, HCD must use the United  
            States Census for 2000.  

           EXISTING LAW  allocates $35 million of the $100 million  
          Affordable Housing Innovation Fund from Proposition 1C to the  
          Program.  Requires that half of the funds are to be made  
          available for newly established housing trusts.  Requires HCD to  
          grant preference to trust funds that agree to expend more than  
          65% of the state funds for downpayment assistance to first time  
          homebuyers, and requires HCD, when making grants to newly  
          established trust funds, to set aside funding for 36 months from  
          the date the funds are first made available for newly  
          established trust funds in counties of less than 425,000  
          persons.
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.








                                                                 AB 1129
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          COMMENTS  :  In 2002, California voters approved Proposition 46,  
          the $2.1 billion Housing and Emergency Shelter Trust Fund Act.   
          Proposition 46 provided funding for the following programs:  
          Multifamily Housing Program; Emergency Housing Assistance  
          Program; Supportive Housing; Farmworker Housing Grant Program;  
          CalHome Program; Local Housing Trusts; Code Enforcement Program;  
          California Homebuyer Downpayment Assistance Program; and, Jobs  
          Housing Improvement Account.  Funds provided under Proposition  
          46 were mostly exhausted by the end of 2006.  

          In November 2006, California voters approved Proposition 1C, the  
          Housing and Emergency Trust Fund Act of 2006.  Proposition 1C  
          maintains funding provided under Proposition 46 for most, but  
          not all, of the programs noted above.  One of the programs not  
          included in Proposition 1C was funding for local housing trusts.  
           Proposition 1C did include however, $100 million for the  
          Affordable Housing Innovation Fund to be used for "competitive  
          grants or loans to sponsoring entities that develop, own, lend,  
          or invest in affordable housing and used to create pilot  
          programs to demonstrate innovative, cost-saving approaches to  
          creating or preserving affordable housing."  

          In 2007, the case was successfully made that local housing trust  
          funds are inherently innovative, that is local housing leaders  
          can design individualized local programs to address affordable  
          housing needs in their communities.  Therefore, $35 million was  
          made available for local housing trust funds to apply for  
          grants.  One-half of the $35 million is to be made available  
          strictly for new trusts.  Additionally, when awarding grants to  
          new trusts, HCD is required to set aside funding for a period of  
          36 months for trusts in counties with a population of less than  
          425,000.

          According to the author, in order to take advantage of the  
          funding for housing trusts funds authorized in Proposition IC,  
          the San Joaquin Valley Housing Trust (SJV Housing Trust) was  
          established in 2008, with membership from counties and cities  
          throughout the eight county regions.  A number of those counties  
          are small, rural areas with fewer local resources for planning  
          and developing affordable housing.  Several of those counties  
          plan to establish their own housing trusts.  According to the  
          author, housing trusts that may be established in smaller rural  
          counties such as those that are members of the SJV Housing Trust  
          face disadvantages in winning state grants.  Those disadvantages  








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          include difficulties in raising local funding to match grants,  
          dollar for dollar, and obtaining those local funds prior to the  
          award of a state grant. 

          AB 1129 seeks to allow smaller, rural county housing trusts to  
          better compete for state housings trust fund grants by lowering  
          the minimum grant amount for newly established small county  
          trusts.  Under the Program, local housing trust funds receive a  
          dollar for dollar match for their locally raised dollars of up  
          to a minimum of $1,000,000 and a maximum of $2,000,000.   This  
          bill would reduce the minimum amount a local housing trust fund  
          in a county with a population of less than 425,000 to $500,000. 

          Existing housing trust funds are required to provide proof as  
          part of the application that the matching funds have been  
          deposited in the local housing trust fund and the identify of  
          the source of the matching funds.  At the time of application,  
          newly established housing trust funds may not have the matching  
          funds deposited in their trust fund account; however HCD needs  
          some assurance that the local agency has taken steps to identify  
          and collect the matching funds. AB 1129 requires newly formed  
          housing trust funds to provide adequate documentation that a  
          local jurisdiction has adopted an ordinance imposing a tax or  
          fee dedicated to the matching funds that will be deposited in  
          the account once the application has been approved.    

          This bill was substantially amended in the Senate and the  
          Assembly-approved provisions of this bill were deleted.  The  
          contents of this bill have not been heard by an Assembly policy  
          committee this session. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Affordable Housing Collaborative
          California Coalition for Rural Housing
          Council of Fresno County Governments
          Housing California
          Self-Help Enterprises
          Supervisor Deidre Kelsey, District Four, Merced County
          The Housing Trust of Santa Clara County

           Opposition 
           








                                                                 AB 1129
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          None of file

           Analysis Prepared by  :   Lisa Engel / H. & C.D. / (916) 319-2085