Bill Text: CA SB2 | 2017-2018 | Regular Session | Amended
Bill Title: Building Homes and Jobs Act.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Passed) 2017-09-29 - Chaptered by Secretary of State. Chapter 364, Statutes of 2017. [SB2 Detail]
Download: California-2017-SB2-Amended.html
Amended
IN
Assembly
August 29, 2017 |
Amended
IN
Senate
May 26, 2017 |
Amended
IN
Senate
March 23, 2017 |
Amended
IN
Senate
March 21, 2017 |
Amended
IN
Senate
March 07, 2017 |
Amended
IN
Senate
February 22, 2017 |
Senate Bill | No. 2 |
Introduced by Senator Atkins (Coauthors: Senators Beall, Bradford, Dodd, Galgiani, Hertzberg, Hill, Hueso, Jackson, Mendoza, Mitchell, Roth, Skinner, Wieckowski, and Wiener) (Principal coauthors: Assembly Members Bloom, Chiu, and Mullin) (Coauthors: Assembly Members Bonta, Gloria, Gonzalez Fletcher, Kalra, Low, and Thurmond) |
December 05, 2016 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known as the Building Homes and Jobs Act.SEC. 2.
(a) The Legislature finds and declares that having a healthy housing market that provides an adequate supply of homes affordable to Californians at all income levels is critical to the economic prosperity and quality of life in the state.(12)
(13)
(14)
(15)
(16)
(17)
(18)
SEC. 3.
Section 27388.1 is added to the Government Code, to read:27388.1.
(a) (1) Commencing January 1, 2018, and except as provided in paragraph (2), in addition to any other recording fees specified in this code, a fee of seventy-five dollars ($75) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225). “Real estate instrument, paper, or notice” means a document relating to real property, including, but not limited to, the following: deed, grant deed, trustee’s deed, deed of trust, reconveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien, maps, and covenants, conditions, and restrictions.(a)On or before December 31 of each year, the department shall submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, including, but not limited to, the Emergency Housing and Assistance Program and Community Development Block Grant activity.
(b)The report shall include all of the following information:
(1)The number of units assisted by those programs.
(2)The number of individuals and households served and their income
levels.
(3)The distribution of units among various areas of the state.
(4)The amount of other public and private funds leveraged by the assistance provided by those programs.
(5)Information detailing the assistance provided to various groups of persons by programs that are targeted to assist those groups.
(6)The information required to be reported pursuant to Section 17031.8.
(7)(A)An evaluation, in collaboration with the Department of Veterans Affairs, of any program established by the department pursuant to Article 3.2 (commencing with Section 987.001) of Chapter 6
of Division 4 of the Military and Veterans Code, including information relating to the effectiveness of assisted projects in helping veterans occupying any supportive housing or transitional housing development that was issued funds pursuant to that article.
(B)The evaluation shall include, but is not limited to, the following information:
(i)Performance outcome data including, but not limited to, housing stability, housing exit information, and tenant satisfaction, which may be measured by a survey, and changes in income, benefits, and education.
(I)For purposes of this paragraph, the term “housing stability” includes, but is not limited to, how many tenants exit transitional housing to permanent housing or
maintain permanent housing, and the length of time those tenants spent in assisted units.
(II)For purposes of this paragraph, the term “housing exit information” includes, but is not limited to, the following:
(ia)How many tenants left assisted units.
(ib)The length of tenancy in assisted units.
(ic)The reason those tenants left assisted units, when that information is readily obtainable.
(id)The housing status of a tenant exiting an assisted unit upon exit when that information is readily available.
(ii)Client data, which may include, but
is not limited to, demographic characteristics of the veteran and his or her family, educational and employment status of the veteran, and veteran-specific information including, but not limited to, disability ratings, type of discharge, branch, era of service, and veterans affairs health care eligibility.
(8)An evaluation of any program established by the department to meet the legal requirements of the Federal Housing Trust Fund program guidelines.
(9)(A)The manner in which the funds were made available pursuant to Chapter 2.5 (commencing with Section 50470) and allocated in the prior year were expended, including efforts to promote a geographically balanced distribution of funds. The report shall also assess the impact of the investment on job creation
and
the economy. With respect to any awards made specifically to house or support persons who are homeless or at risk of homelessness, the report shall include an analysis of the effectiveness of the funding in allowing these households to retain permanent housing. The department shall make the report available to the public on its Internet Web site.
(B)In the report required by this paragraph, the department shall make a determination of whether any of the moneys derived from fees collected pursuant to Section 27388.1 of the Government Code are being allocated by the state for any purpose not authorized by Section 50470 and shall share the information with county recorders.
(C)The report required by this paragraph shall be submitted to the Senate Committee on
Transportation and Housing and to the Assembly Committee on Housing and Community Development.
SEC. 5.SEC. 4.
Chapter 2.5 (commencing with Section 50470) is added to Part 2 of Division 31 of the Health and Safety Code, to read:CHAPTER 2.5. Building Homes and Jobs Act
Article 1. General Provisions
50470.
(a) (1) There is hereby created in the State Treasury the Building Homes and Jobs Trust Fund. All interest or other increments resulting from the investment of moneys in the fund shall be deposited in the fund, notwithstanding Section 16305.7 of the Government Code.(A)Twenty percent of moneys in the fund shall be expended for affordable owner-occupied workforce housing.
(B)Ten percent of the moneys in the fund shall be expended to address affordable homeownership and rental housing opportunities for agricultural workers and their families.
(C)
(vi)Emergency shelters, transitional housing, and rapid rehousing.
(x)Grants to local and regional agencies to assist in the development and updating of planning documents and zoning ordinances in order to accelerate housing production, including, but not limited to, general plans, community plans, specific plans, sustainable communities strategies, and local coastal programs.
(xi)
(xii)The cost of the periodic audits required by Section 50475.
(b)
(c)If a local government does not expend the moneys allocated to it, pursuant to this chapter, within five years of that allocation, those moneys shall revert to, and be paid and deposited in, the fund.
50470.5.
For purposes of this chapter:(b)“Governing board” means the Building Homes and Jobs Trust Fund Governing Board.
The Building Homes and Jobs Trust Fund Governing Board is hereby established. The governing board shall include:
(a)The Treasurer, or his or her designee.
(b)The Director of Housing and Community Development, or his or her designee.
(c)The Executive Director of the California Housing Finance Agency, or his or her designee.
(d)Six members appointed by the Governor, as follows:
(1)Two real estate licensees, each with not less than 10
years of experience, and membership in a real estate trade organization with no less than 20,000 licensees as members.
(2)Two members who are local government officials.
(3)Two members who represent the home building industry.
(4)For any members appointed pursuant to this subdivision, the Governor shall appoint one member who resides in northern California, and one member who resides in southern California. Each member shall serve without compensation, but shall be reimbursed for travel and necessary expenses incurred in the performance of the member’s duties.
(e)Three
public members appointed by the Senate Committee on Rules, as follows:
(1)One member who represents the nonprofit affordable housing development sector.
(2)One member who represents the for-profit affordable housing development sector.
(3)One member who represents or has experience in private sector lending, for-profit affordable housing development, nonprofit affordable housing development, working with special needs populations, including persons experiencing homelessness, architecture, housing development consultation, or academia related to housing issues.
(f)Three public members appointed by the Speaker of the Assembly:
(1)One member who represents the nonprofit affordable housing development sector.
(2)One member who represents the for-profit affordable housing development sector.
(3)One member who represents or has experience in private sector lending, for-profit affordable housing development, nonprofit affordable housing development, working with special needs populations, including persons experiencing homelessness, architecture, housing development consultation, or academia related to housing issues.
(4)Members appointed pursuant to this subdivision or subdivision (e) shall contribute to a balance among geographic areas and between rural and urban
interests.
(a)In order to maximize efficiency and address comprehensive needs, the department, in consultation with the California Housing Finance Agency, the California Tax Credit Allocation Committee, and the California Debt Limit Allocation Committee, shall develop and submit to the Legislature, at the time of the Department of Finance’s adjustments to the proposed 2018–19 fiscal year budget pursuant to subdivision (e) of Section 13308 of the Government Code, the Building Homes and Jobs Investment Strategy. Notwithstanding Section 10231.5 of the Government Code, commencing with the 2023–24 fiscal year, and every five years thereafter, concurrent with the release of the Governor’s proposed budget, the department shall update the investment
strategy and submit it to the Legislature. The governing board shall review and advise the department regarding the investment strategy prior to its submission to the Legislature. The investment strategy shall do all of the following:
(1)Identify the statewide needs, goals, objectives, and outcomes for housing for a five-year time period. Goals should include targets of the total number for affordable homes created and preserved with the funds.
(2)Meet the following minimum objectives:
(A)Encourage economic development and job creation by helping to meet the housing needs of a growing workforce earning up to 120 percent of area
median income.
(B)Identify opportunities for coordination among state departments and agencies to achieve greater efficiencies, increase the amount of federal investment in production, services, and
operating costs of housing, and promote energy efficiency in housing produced.
(C)Incentivize the use and coordination of nontraditional funding sources including philanthropic funds, local realignment funds, nonhousing tax increment, the federal Patient Protection and Affordable Care Act, and other resources.
(D)Incentivize innovative approaches that produce cost savings to local and state services by reducing the instability of housing for frequent, high-cost users of hospitals, jails, detoxification facilities, psychiatric hospitals, and emergency shelters.
(3)Provide for a geographically balanced distribution of funds, including a 50 percent direct
allocation of funds to local governments.
(4)In order to receive an allocation a local government shall:
(A)Submit a plan to the department detailing the manner in which allocated funds will be used by the local government in a manner consistent with paragraph (2) of subdivision (a) of Section 50470.
(B)Have a compliant housing element with the state, submit annual reports pursuant to Section 65400 of the Government Code, and submit an annual report to the department that provides ongoing tracking of the uses and expenditures of any allocated funds.
(C)Emphasize investments that serve households that are at or below 60 percent of area median income.
(b)
Before submitting the Building Homes and Jobs Investment Strategy to the Legislature, the department shall hold at least four public workshops in different regions of the state to further inform the development of the
investment strategy.
(c)
Expenditure requests contained in the Governor’s proposed budget shall be consistent with the Building Homes and Jobs Investment Strategy developed and submitted pursuant to this part.
(d)
The Building Homes and Jobs Investment Strategy and updates
required by this section shall be submitted pursuant to Section 9795 of the Government Code.
(e)The governing board shall have the authority to review and approve department recommendations for all funds distributed from
the Building Homes and Jobs Trust Fund.