BILL ANALYSIS                                                                                                                                                                                                    �



                                                                SB 1039
                                                                Page  1

        (  Without Reference to File  )

        SENATE THIRD READING
        SB 1039 (Steinberg)
        As Amended  July 2, 2012
        Majority vote

         SENATE VOTE  :  Vote not relevant 
          
         HOUSING             4-1                                          
         
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        |Ayes:|Torres, Atkins, Bradford, |     |                          |
        |     |Cedillo                   |     |                          |
        |     |                          |     |                          |
        |-----+--------------------------+-----+--------------------------|
        |Nays:|Beth Gaines               |     |                          |
        |     |                          |     |                          |
         ----------------------------------------------------------------- 

         SUMMARY  :  Revises the Governor's Reorganization Plan No. 2 (GRP 2).  
        Specifically,  this bill  :   

        1)Changes the name of the Business and Consumer Services Agency to 
          the Business, Consumer Services, and Housing Agency.

        2)Requires the Department of Housing and Community Development 
          (HCD), the Department of Transportation, and the California 
          Transportation Commission (CTC) to coordinate state housing and 
          transportation policies and programs to help achieve state and 
          regional planning priorities and to maximize co-benefits of 
          infrastructure investments.

        3)Makes other technical changes. 

         EXISTING LAW  :  The Governor's Reorganization Plan No. 2 of 2012 will 
        reorganize the executive branch of the state government and will 
        take effect on July 1, 2013. 

         FISCAL EFFECT  :  Unknown 

         COMMENTS  :  The GRP 2 proposes to transfer the housing departments 
        which are currently located in the Business, Transportation, and 
        Housing Agency into the new Business and Consumer Services Agency. 
        The GRP 2 also proposes to place the California Housing Finance 








                                                                SB 1039
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        Agency (CalHFA) under the Department of Housing and Community 
        Development (HCD).

        The newly created Business and Consumer Services Agency would be 
        made up of the following state entities:   
         
        1)Department of Consumer Affairs (DCA); 

        2)Department of Housing and Community Development (HCD); 

        3)Department of Fair Employment and Housing (DFEH);

        4)Department of Business Oversight; 

        5)Department of Alcoholic Beverage Control; 

        6)Alcohol Beverage Control Appeals Board; 

        7)California Horse Racing Board; and, 

        8)Seismic Safety Commission. 

        The mission of HCD and CalHFA is to finance affordable housing in 
        the state by making loans and grants to support the construction of 
        housing as well as infrastructure.  HCD also has a housing policy 
        division that reviews and approves the housing element of cities and 
        assists in setting policy goals for the state.   

        In order to review and evaluate the GRP 2, the Assembly set up a 
        special committee.  The committee heard several critiques of the 
        plan to combine HCD and CalHFA into the Business and Consumer 
        Services Agency:

        1)The name of the agency does not include "housing" which will 
          create confusion for consumers who use HCD and CalHFA programs and 
          diminish the importance of "housing" as an important function of 
          the state.

        2)The core function and mission of the other agencies in the 
          Business and Consumer Services Agency are regulatory and licensing 
          which HCD and CalHFA are not.  CalHFA and HCD are more closely 
          aligned to the Transportation Department because they finance the 
          construction of infrastructure and housing.  

        3)Transportation and housing agencies should be housed in the same 








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          agency to ensure efficient expenditure of state funds, integration 
          of planning for interrelated issues and to achieve the goals of SB 
          375 (Steinberg), Chapter 728, Statutes of 2008, which required the 
          coordination of transportation and housing at the regional level 
          to reduce greenhouse gas emissions. 

        In an effort to respond to the concerns raised at the hearing, that 
        not including "housing" in the title of the newly formed agency, 
        would diminish the status of housing in the newly formed agency, 
        this bill would add "Housing" to the title of the newly created 
        Business and Consumer Services Agency.  This bill would elevate 
        housing to the level of the other agencies.

        This bill will require HCD, the Department of Transportation, and 
        the CTC to coordinate state housing and transportation policies and 
        programs to help achieve state and regional planning priorities and 
        to maximize co-benefits of infrastructure investments.  The intent 
        of this provision is to require the departments and the CTC to work 
        together to evaluate and identify areas where state and local 
        policies might conflict and/or may diminish the value of the fiscal 
        investments being made at the local and state level.

        This bill provides flexibility on how that coordination will occur 
        and what metrics will be used to measure coordination.  The 
        leveraging and efficient use of fiscal resources would be an 
        important area for coordination among the departments and CTC.  
        Additionally, one likely area where efficiencies could be achieved 
        is through the better coordination of policies that support transit 
        oriented and infill development. 

         Analysis Prepared by  :    Lisa Engel / H. & C.D. / (916) 319-2085 FN: 
        0004343