Bill Text: CA AB1020 | 2019-2020 | Regular Session | Amended
Bill Title: State of California Housing Agency Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1020 Detail]
Download: California-2019-AB1020-Amended.html
Amended
IN
Assembly
March 25, 2019 |
Assembly Bill | No. 1020 |
Introduced by Assembly Member Irwin |
February 21, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes various agencies within the executive branch of state government, including the Business, Consumer Services, and Housing Agency. Under existing law, the Business, Consumer Services, and Housing Agency is comprised of, among other entities, the Department of Housing and Community Development and the Department of Fair Employment and Housing, which are responsible for, among other things, developing and
implementing housing policy and eliminating discriminatory practices in housing.
This bill would state the Legislature’s intent to enact legislation that would establish the State of California Housing Agency Act. The bill would also state the Legislature’s intent to enact legislation that would establish a Housing Agency under the direction of a Secretary of Housing. The bill would make various findings and declarations in this regard.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known as the State of California Housing Agency Act.SEC. 2.
The Legislature finds and declares all of the following:SEC. 3.
Section 100 of the Business and Professions Code is amended to read:100.
(a) There is in the state government, in the Business, Consumer Services, and Housing Agency, a Department of Consumer Affairs.SEC. 4.
Section 100 is added to the Business and Professions Code, to read:100.
(a) There is in the state government, in the Business and Consumer Services Agency, a Department of Consumer Affairs.SEC. 5.
Section 10050 of the Business and Professions Code is amended to read:10050.
(a) (1) There is in the Business, Consumer Services, and Housing Agency a Department of Real Estate, the chief officer of which department is named the Real Estate Commissioner.(d)This section shall become operative on July 1, 2018.
SEC. 6.
Section 10050 is added to the Business and Professions Code, to read:10050.
(a) (1) There is in the Housing Agency a Department of Real Estate, the chief officer of which department is named the Real Estate Commissioner.SEC. 7.
Section 11546.1 of the Government Code is amended to read:11546.1.
The Department of Technology shall improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities.SEC. 8.
Section 11546.1 is added to the Government Code, to read:11546.1.
The Department of Technology shall improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities.SEC. 9.
Section 11550 of the Government Code is amended to read:11550.
(a) Effective January 1, 1988, an annual salary of ninety-one thousand fifty-four dollars ($91,054) shall be paid to each of the following:SEC. 10.
Section 11550 is added to the Government Code, to read:11550.
(a) Effective January 1, 1988, an annual salary of ninety-one thousand fifty-four dollars ($91,054) shall be paid to each of the following:SEC. 11.
Section 12800 of the Government Code is amended to read:12800.
(a) There are in the state government the following agencies: Business, Consumer Services, and Housing; Transportation; California Environmental Protection; California Health and Human Services; Labor and Workforce Development; Natural Resources; Government Operations; and Corrections and Rehabilitation.SEC. 12.
Section 12800 is added to the Government Code, to read:12800.
(a) There are in the state government the following agencies: Business and Consumer Services; Housing; Transportation; California Environmental Protection; California Health and Human Services; Labor and Workforce Development; Natural Resources; Government Operations; and Corrections and Rehabilitation.SEC. 13.
Section 12804 of the Government Code is amended to read:12804.
(a) There is in the state government the Business, Consumer Services, and Housing Agency.(c)This section shall become operative on July 1, 2018.
SEC. 14.
Section 12804 is added to the Government Code, to read:12804.
(a) There is in the state government the Business and Consumer Services Agency.SEC. 15.
Section 12804.5 of the Government Code is amended to read:12804.5.
(a) The Secretary of Business, Consumer Services, and Housing is hereby authorized to develop programs for technical and fiscal assistance to facilitate nonprofit, self-help community vegetable gardens and related supporting activities.SEC. 16.
Section 12804.5 is added to the Government Code, to read:12804.5.
(a) The Secretary of Business and Consumer Services is hereby authorized to develop programs for technical and fiscal assistance to facilitate nonprofit, self-help community vegetable gardens and related supporting activities.SEC. 17.
Section 12804.6 is added to the Government Code, to read:12804.6.
(a) There is in the state government the Housing Agency.SEC. 18.
Section 12815 is added to the Government Code, to read:12815.
(a) There is hereby established in state government a Housing Agency. The Housing Agency shall be under the supervision of the Secretary of Housing, who shall be appointed and serve pursuant to Section 12801.SEC. 19.
Section 12855 of the Government Code is amended to read:12855.
(a) For the purpose of this chapter, “agency” means the Business, Consumer Services, and Housing Agency, the California Environmental Protection Agency, the California Health and Human Services Agency, the Natural Resources Agency, the Labor and Workforce Development Agency, the Government Operations Agency, the Transportation Agency, or the Corrections and Rehabilitation Agency, and “secretary” means the secretary of any such agency.SEC. 20.
Section 12855 is added to the Government Code, to read:12855.
(a) For the purpose of this chapter, “agency” means the Business and Consumer Services Agency, the Housing Agency, the California Environmental Protection Agency, the California Health and Human Services Agency, the Natural Resources Agency, the Labor and Workforce Development Agency, the Government Operations Agency, the Transportation Agency, or the Corrections and Rehabilitation Agency, and “secretary” means the secretary of any such agency.SEC. 21.
Section 12856 of the Government Code is amended to read:12856.
(a) The Governor, upon the recommendation of the Secretary of Business, Consumer Services, and Housing, may appoint up to three deputies for the secretary.SEC. 22.
Section 12856 is added to the Government Code, to read:12856.
(a) The Governor, upon the recommendation of the Secretary of Business and Consumer Services, may appoint up to three deputies for the secretary.SEC. 23.
Section 12857 is added to the Government Code, to read:12857.
(a) The Governor, upon the recommendation of the Secretary of Housing, may appoint up to three deputies for the secretary.SEC. 24.
Section 12895 of the Government Code is amended to read:12895.
(a) There is in the Business, Consumer Services, and Housing Agency a Department of Business Oversight containing the Division of Corporations, which has the responsibility for administering various laws. In order to effectively support the Division of Corporations in the administration of these laws, there is hereby established the State Corporations Fund. All expenses and salaries of the Division of Corporations shall be paid out of the State Corporations Fund. Therefore, notwithstanding any provision of any law administered by the Division of Corporations declaring that fees, reimbursements, assessments, or other money or amounts charged and collected by the Division of Corporations under these laws are to be delivered or transmitted to the Treasurer and deposited to the credit of the General Fund, all fees, reimbursements, assessments, and other money or amounts charged and collected under these laws shall be delivered or transmitted to the Treasurer and deposited to the credit of the State Corporations Fund.SEC. 25.
Section 12895 is added to the Government Code, to read:12895.
(a) There is in the Business and Consumer Services Agency a Department of Business Oversight containing the Division of Corporations, which has the responsibility for administering various laws. In order to effectively support the Division of Corporations in the administration of these laws, there is hereby established the State Corporations Fund. All expenses and salaries of the Division of Corporations shall be paid out of the State Corporations Fund. Therefore, notwithstanding any provision of any law administered by the Division of Corporations declaring that fees, reimbursements, assessments, or other money or amounts charged and collected by the Division of Corporations under these laws are to be delivered or transmitted to the Treasurer and deposited to the credit of the General Fund, all fees, reimbursements, assessments, and other money or amounts charged and collected under these laws shall be delivered or transmitted to the Treasurer and deposited to the credit of the State Corporations Fund.SEC. 26.
Section 12901 of the Government Code is amended to read:12901.
(a) There is in the state government, in the Business, Consumer Services, and Housing Agency, the Department of Fair Employment and Housing. The department is under the direction of an executive officer known as the Director of Fair Employment and Housing, who is appointed by the Governor, subject to confirmation by the Senate, and who holds office at the pleasure of the Governor. The annual salary of the director is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2.SEC. 27.
Section 12901 is added to the Government Code, to read:12901.
(a) There is in the state government, in the Business and Consumer Services Agency, the Department of Fair Employment and Housing. The department is under the direction of an executive officer known as the Director of Fair Employment and Housing, who is appointed by the Governor, subject to confirmation by the Senate, and who holds office at the pleasure of the Governor. The annual salary of the director is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2.SEC. 28.
Section 12944 of the Government Code is amended to read:12944.
(a) It shall be unlawful for a licensing board to require any examination or establish any other qualification for licensing that has an adverse impact on any class by virtue of its race, creed, color, national origin or ancestry, sex, gender, gender identity, gender expression, age, medical condition, genetic information, physical disability, mental disability, or sexual orientation, unless the practice can be demonstrated to be job related.SEC. 29.
Section 12944 is added to the Government Code, to read:12944.
(a) It shall be unlawful for a licensing board to require any examination or establish any other qualification for licensing that has an adverse impact on any class by virtue of its race, creed, color, national origin or ancestry, sex, gender, gender identity, gender expression, age, medical condition, genetic information, physical disability, mental disability, or sexual orientation, unless the practice can be demonstrated to be job related.SEC. 30.
Section 50150 of the Health and Safety Code is amended to read:50150.
(a) This chapter sets forth the general responsibilities and roles of the Business, Consumer Services and Housing Agency, the Department of Housing and Community Development, and the California Housing Finance Agency in carrying out state housing policies and programs. It is declaratory of existing law as to those roles and responsibilities, and shall not be construed as creating additional responsibilities.SEC. 31.
Section 50150 is added to the Health and Safety Code, to read:50150.
(a) This chapter sets forth the general responsibilities and roles of the Housing Agency, the Department of Housing and Community Development, and the California Housing Finance Agency in carrying out state housing policies and programs. It is declaratory of existing law as to those roles and responsibilities, and shall not be construed as creating additional responsibilities.SEC. 32.
Section 50151 of the Health and Safety Code is amended to read:50151.
(a) The Secretary of Business, Consumer Services and Housing shall be responsible for allocating financial aid and contributions made available directly to state government or to the agency by any agency of the United States for the purpose of subsidizing housing for persons and families of low or moderate income. The
SEC. 33.
Section 50151 is added to the Health and Safety Code, to read:50151.
(a) The Secretary of Housing shall be responsible for allocating financial aid and contributions made available directly to state government or to the agency by any agency of the United States for the purpose of subsidizing housing for persons and families of low or moderate income.SEC. 34.
Section 50154 of the Health and Safety Code is amended to read:50154.
(a) The California Housing Finance Agency, within the Business, Consumer Services and Housing Agency, is a primary agency in the implementation of state housing policy. The agency’s role is to make financing opportunities available for the construction, rehabilitation, and purchase of housing for persons and families of low or moderate income bySEC. 35.
Section 50154 is added to the Health and Safety Code, to read:50154.
(a) The California Housing Finance Agency, within the Housing Agency, is a primary agency in the implementation of state housing policy. The agency’s role is to make financing opportunities available for the construction, rehabilitation, and purchase of housing for persons and families of low or moderate income by (1) borrowing in the securities markets and relending to housing sponsors, developers, and homeowners and (2) insuring loans made by the agency or by others for the same purposes. In general, the agency pays for its operations out of the excess of its interest revenue from loan repayments over the cost of the money it borrows or, in the case of insurance, by the excess of fees charged for the provision of insurance over the value of claims paid. The agency shall seek to implement the goals, policies, and objectives of the California Statewide Housing Plan and shall annually report on its progress toward compliance with priorities in the California Statewide Housing Plan.SEC. 36.
Section 50400 of the Health and Safety Code is amended to read:50400.
(a) The Department of Housing and Community Development is hereby continued in existence in the Business, Consumer Services, and Housing Agency.SEC. 37.
Section 50400 is added to the Health and Safety Code, to read:50400.
(a) The Department of Housing and Community Development is hereby continued in existence in the Housing Agency.SEC. 38.
Section 50407.5 of the Health and Safety Code is amended to read:50407.5.
(a) Notwithstanding the transfer of the department from the Business, Transportation, and Housing Agency to the Business, Consumer Services, and Housing Agency, the department, the Department of Transportation, and the California Transportation Commission shall coordinate state housing and transportation policies and programs to help achieve state and regional planning priorities and to maximize cobenefits of infrastructure investments.SEC. 39.
Section 50407.5 is added to the Health and Safety Code, to read:50407.5.
(a) Notwithstanding the transfer of the department from the Business, Transportation, and Housing Agency to the Business, Consumer Services, and Housing Agency, or the transfer of the department from the Business, Consumer Services, and Housing Agency to the Housing Agency, the department, the Department of Transportation, and the California Transportation Commission shall coordinate state housing and transportation policies and programs to help achieve state and regional planning priorities and to maximize cobenefits of infrastructure investments.SEC. 40.
Section 50901 of the Health and Safety Code is amended to read:50901.
(a) The agency shall be administered by a board of directors consisting of 13 voting members, including a chairperson selected by the Governor from amongSEC. 41.
Section 50901 is added to the Health and Safety Code, to read:50901.
(a) The agency shall be administered by a board of directors consisting of 13 voting members, including a chairperson selected by the Governor from among the Governor’s appointees. The Treasurer; the Secretary of Housing; the Director of Housing and Community Development; and the Secretary of Veterans Affairs, or their designees, shall be members, in addition to seven members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules. The Director of Finance, the Director of Planning and Research, and the executive director of the agency shall serve as nonvoting ex officio members of the board.SEC. 42.
Section 50913 of the Health and Safety Code is amended to read:50913.
(a) For its activities under this division, the executive director shall prepare a preliminary budget on or before December 1 of each year for the ensuing fiscal year to be reviewed by the Secretary of Business, Consumer Services, and Housing, the Director of Finance, and the Joint Legislative Budget Committee.SEC. 43.
Section 50913 is added to the Health and Safety Code, to read:50913.
(a) For its activities under this division, the executive director shall prepare a preliminary budget on or before December 1 of each year for the ensuing fiscal year to be reviewed by the Secretary of Housing, the Director of Finance, and the Joint Legislative Budget Committee.(a)It is the intent of the Legislature to enact legislation that would establish the State of California Housing Agency Act.
(b)The Legislature finds and declares that the housing market plays a critical role in the California economy, and further finds and declares all of the following:
(1)The need for housing is the highest priority for all Californians.
(2)Adequate, stable, and accessible housing is a crucial component of life for all
Californians.
(3)The expenditure for housing is one of the most significant financial commitments Californians undertake in their day-to-day lives.
(4)Housing and housing-related activities are of primary importance to the people of the state and they warrant the clear and unified focus of state government.
(c)It is the intent of the Legislature to enact legislation that would establish a Housing Agency and the position of the Secretary of Housing within state government to oversee and advise on activities related to housing in the state. In creating this position, it is the intent of the Legislature to enact legislation that would provide
the Governor with a resource to interact with all of the professional entities that play a role in the housing market and to advise the Governor on policy in order to have a more clear and unified approach to meet the housing needs of all Californians.
It is the intent of the Legislature to enact legislation that would establish a Housing Agency under the direction of a Secretary of Housing who shall report directly to the Governor.