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AB-1020 State of California Housing Agency Act.(2019-2020)

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Date Published: 03/25/2019 09:00 PM
AB1020:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1020


Introduced by Assembly Member Irwin

February 21, 2019


An act to add Chapter 36 (commencing with Section 22949) to Division 8 of the Business and Professions Code, relating to housing. An act to amend, repeal, and add Sections 100 and 10050 of the Business and Professions Code, to amend, repeal, and add Sections 11546.1, 11550, 12800, 12804, 12804.5, 12855, 12856, 12895, 12901, and 12944 of, and to add Sections 12804.6, 12815, and 12857 to, the Government Code, and to amend, repeal, and add Sections 50150, 50151, 50154, 50400, 50407.5, 50901, and 50913 of the Health and Safety Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 1020, as amended, Irwin. State of California Housing Agency Act: Housing Agency: Secretary of Housing. State of California Housing Agency Act.
Existing law establishes various agencies within the state government, including the Business, Consumer Services, and Housing Agency. Existing law provides that the Business, Consumer Services, and Housing Agency is under the supervision of the Secretary of Business, Consumer Services, and Housing. Under existing law, the Business, Consumer Services, and Housing Agency is comprised of the Department of Consumer Affairs, the Department of Real Estate, the Department of Housing and Community Development, the Department of Fair Employment and Housing, the Department of Business Oversight, the Department of Alcoholic Beverage Control, the Alcoholic Beverage Control Appeals Board, the California Horse Racing Board, and the Alfred E. Alquist Seismic Safety Commission.
This bill would enact the State of California Housing Agency Act and, as of July 1, 2021, would separate the Business, Consumer Services, and Housing Agency into the Business and Consumer Services Agency and the Housing Agency. The bill would provide that the Business and Consumer Services Agency consists of the Department of Consumer Affairs, the Department of Fair Employment and Housing, the Department of Business Oversight, the Department of Alcoholic Beverage Control, the Alcoholic Beverage Control Appeals Board, the California Horse Racing Board, and the Alfred E. Alquist Seismic Safety Commission. The bill would rename the Secretary of Business, Consumer Services, and Housing as the Secretary of Business and Consumer Services. The bill would provide that the Housing Agency consists of the Department of Real Estate, the Department of Housing and Community Development, and the California Housing Finance Agency. Under the bill, the Housing Agency would be under the supervision of the Secretary of Housing and the bill would require the secretary to be appointed by the Governor, as provided. The bill would make various conforming changes to that effect. The bill would also make related findings and declarations.

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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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:
(a) The housing market plays a critical role in the California economy.
(b) The need for housing is the highest priority for all Californians.
(c) Adequate, stable, and accessible housing is a crucial component of life for all Californians.
(d) The expenditure for housing is one of the most significant financial commitments Californians undertake in their day-to-day lives.
(e) 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.

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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) This section shall become operative on July 1, 2021.

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.
(2) Notwithstanding any other law, the powers and duties of the department, as set forth in this part and Chapter 1 (commencing with Section 11000) of Part 2, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this part and that chapter were scheduled to be repealed as of January 1, 2021.
(b) It shall be the principal responsibility of the commissioner to enforce all laws in this part and Chapter 1 (commencing with Section 11000) of Part 2 in a manner that achieves the maximum protection for the buyers of real property and those persons dealing with real estate licensees.
(c) Wherever the term “commissioner” is used in this division, it means the Real Estate Commissioner.

(d)This section shall become operative on July 1, 2018.

(d) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(2) Notwithstanding any other law, the powers and duties of the department, as set forth in this part and Chapter 1 (commencing with Section 11000) of Part 2, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this part and that chapter were scheduled to be repealed as of January 1, 2021.
(b) It shall be the principal responsibility of the commissioner to enforce all laws in this part and Chapter 1 (commencing with Section 11000) of Part 2 in a manner that achieves the maximum protection for the buyers of real property and those persons dealing with real estate licensees.
(c) Wherever the term “commissioner” is used in this division, it means the Real Estate Commissioner.
(d) This section shall become operative on July 1, 2021.

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.
(a) (1) Each state agency shall have a chief information officer who is appointed by the head of the state agency, or by the head’s designee, subject to the approval of the Department of Technology.
(2) A chief information officer appointed under this subdivision shall do all of the following:
(A) Oversee the information technology portfolio and information technology services within his or her their state agency through the operational oversight of information technology budgets of departments, boards, bureaus, and offices within the state agency.
(B) Develop the enterprise architecture for his or her their state agency, subject to the review and approval of the Department of Technology, to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for all departments, boards, bureaus, and offices within the state agency.
(C) Ensure that all departments, boards, bureaus, and offices within the state agency are in compliance with the state information technology policy.
(b) (1) Each state entity shall have a chief information officer who is appointed by the head of the state entity.
(2) A chief information officer appointed under this subdivision shall do all of the following:
(A) Supervise all information technology and telecommunications activities within his or her their state entity, including, but not limited to, information technology, information security, and telecommunications personnel, contractors, systems, assets, projects, purchases, and contracts.
(B) Ensure the entity conforms with state information technology and telecommunications policy and enterprise architecture.
(c) Each state agency shall have an information security officer appointed by the head of the state agency, or the head’s designee, subject to the approval by the Department of Technology. The state agency’s information security officer appointed under this subdivision shall report to the state agency’s chief information officer.
(d) Each state entity shall have an information security officer who is appointed by the head of the state entity. An information security officer shall report to the chief information officer of his or her their state entity. The Department of Technology shall develop specific qualification criteria for an information security officer. If a state entity cannot fund a position for an information security officer, the entity’s chief information officer shall perform the duties assigned to the information security officer. The chief information officer shall coordinate with the Department of Technology for any necessary support.
(e) (1) For purposes of this section, “state agency” means the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business, Consumer Services, and Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture.
(2) For purposes of this section, “state entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency” pursuant to paragraph (1).
(f) A state entity that is not defined under subdivision (e) may voluntarily comply with any of the requirements of Sections 11546.2 and 11546.3 and may request assistance from the Department of Technology to do so.
(g) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(a) (1) Each state agency shall have a chief information officer who is appointed by the head of the state agency, or by the head’s designee, subject to the approval of the Department of Technology.
(2) A chief information officer appointed under this subdivision shall do all of the following:
(A) Oversee the information technology portfolio and information technology services within their state agency through the operational oversight of information technology budgets of departments, boards, bureaus, and offices within the state agency.
(B) Develop the enterprise architecture for their state agency, subject to the review and approval of the Department of Technology, to rationalize, standardize, and consolidate information technology applications, assets, infrastructure, data, and procedures for all departments, boards, bureaus, and offices within the state agency.
(C) Ensure that all departments, boards, bureaus, and offices within the state agency are in compliance with the state information technology policy.
(b) (1) Each state entity shall have a chief information officer who is appointed by the head of the state entity.
(2) A chief information officer appointed under this subdivision shall do all of the following:
(A) Supervise all information technology and telecommunications activities within their state entity, including, but not limited to, information technology, information security, and telecommunications personnel, contractors, systems, assets, projects, purchases, and contracts.
(B) Ensure the entity conforms with state information technology and telecommunications policy and enterprise architecture.
(c) Each state agency shall have an information security officer appointed by the head of the state agency, or the head’s designee, subject to the approval by the Department of Technology. The state agency’s information security officer appointed under this subdivision shall report to the state agency’s chief information officer.
(d) Each state entity shall have an information security officer who is appointed by the head of the state entity. An information security officer shall report to the chief information officer of their state entity. The Department of Technology shall develop specific qualification criteria for an information security officer. If a state entity cannot fund a position for an information security officer, the entity’s chief information officer shall perform the duties assigned to the information security officer. The chief information officer shall coordinate with the Department of Technology for any necessary support.
(e) (1) For purposes of this section, “state agency” means the Transportation Agency, Department of Corrections and Rehabilitation, Department of Veterans Affairs, Business and Consumer Services Agency, Housing Agency, Natural Resources Agency, California Health and Human Services Agency, California Environmental Protection Agency, Labor and Workforce Development Agency, and Department of Food and Agriculture.
(2) For purposes of this section, “state entity” means an entity within the executive branch that is under the direct authority of the Governor, including, but not limited to, all departments, boards, bureaus, commissions, councils, and offices that are not defined as a “state agency” pursuant to paragraph (1).
(f) A state entity that is not defined under subdivision (e) may voluntarily comply with any of the requirements of Sections 11546.2 and 11546.3 and may request assistance from the Department of Technology to do so.
(g) This section shall become operative on July 1, 2021.

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:
(1) Director of Finance.
(2) Secretary of Transportation.
(3) Secretary of the Natural Resources Agency.
(4) Secretary of California Health and Human Services.
(5) Secretary of Business, Consumer Services, and Housing.
(6) Commissioner of the California Highway Patrol.
(7) Secretary of the Department of Corrections and Rehabilitation.
(8) Secretary of Food and Agriculture.
(9) Secretary of Veterans Affairs.
(10) Secretary of Labor and Workforce Development.
(11) Secretary for Environmental Protection.
(12) Secretary of Government Operations.
(b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year.
(c) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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:
(1) Director of Finance.
(2) Secretary of Transportation.
(3) Secretary of the Natural Resources Agency.
(4) Secretary of California Health and Human Services.
(5) Secretary of Business and Consumer Services.
(6) Commissioner of the California Highway Patrol.
(7) Secretary of the Department of Corrections and Rehabilitation.
(8) Secretary of Food and Agriculture.
(9) Secretary of Veterans Affairs.
(10) Secretary of Labor and Workforce Development.
(11) Secretary for Environmental Protection.
(12) Secretary of Government Operations.
(13) Secretary of Housing.
(b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year.
(c) This section shall become operative on July 1, 2021.

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.
(b) The secretary of an agency shall be generally responsible for the sound fiscal management of each department, office, or other unit within the agency. The secretary shall review and approve the proposed budget of each department, office, or other unit. The secretary shall hold the head of each department, office, or other unit responsible for management control over the administrative, fiscal, and program performance of his or her their department, office, or other unit. The secretary shall review the operations and evaluate the performance at appropriate intervals of each department, office, or other unit, and shall seek continually to improve the organization structure, the operating policies, and the management information systems of each department, office, or other unit.
(c) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) The secretary of an agency shall be generally responsible for the sound fiscal management of each department, office, or other unit within the agency. The secretary shall review and approve the proposed budget of each department, office, or other unit. The secretary shall hold the head of each department, office, or other unit responsible for management control over the administrative, fiscal, and program performance of their department, office, or other unit. The secretary shall review the operations and evaluate the performance at appropriate intervals of each department, office, or other unit, and shall seek continually to improve the organization structure, the operating policies, and the management information systems of each department, office, or other unit.
(c) This section shall become operative on July 1, 2021.

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.
(b) The Business, Consumer Services, and Housing Agency shall consist of the following: the Department of Consumer Affairs, the Department of Real Estate, the Department of Housing and Community Development, the Department of Fair Employment and Housing, the Department of Business Oversight, the Department of Alcoholic Beverage Control, the Alcoholic Beverage Control Appeals Board, the California Horse Racing Board, and the Alfred E. Alquist Seismic Safety Commission.

(c)This section shall become operative on July 1, 2018.

(c) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) The Business and Consumer Services Agency shall consist of the following: the Department of Consumer Affairs, the Department of Fair Employment and Housing, the Department of Business Oversight, the Department of Alcoholic Beverage Control, the Alcoholic Beverage Control Appeals Board, the California Horse Racing Board, and the Alfred E. Alquist Seismic Safety Commission.
(c) This section shall become operative on July 1, 2021.

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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) This section shall become operative on July 1, 2021.

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.
(b) The Housing Agency shall consist of the following: the Department of Real Estate, the Department of Housing and Community Development, and the California Housing Finance Agency.
(c) This section shall become operative on July 1, 2021.

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.
(b) The Housing Agency shall consist of the following:
(1) The Department of Housing and Community Development.
(2) The Department of Real Estate.
(3) The California Housing Finance Agency.
(c) This section shall become operative on July 1, 2021.

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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) This section shall become operative on July 1, 2021.

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.
(b) In addition to any other provision of law, the Secretary of Business, Consumer Services, and Housing may appoint an assistant, who is exempt from the civil service laws. The secretary shall prescribe the duties of the appointed assistant and shall fix the salary of such assistant subject to the approval of the Director of Finance. The appointed assistant shall serve at the pleasure of the secretary.
(c) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) In addition to any other provision of law, the Secretary of Business and Consumer Services may appoint an assistant, who is exempt from the civil service laws. The secretary shall prescribe the duties of the appointed assistant and shall fix the salary of such assistant subject to the approval of the Director of Finance. The appointed assistant shall serve at the pleasure of the secretary.
(c) This section shall become operative on July 1, 2021.

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.
(b) In addition to any other provision of law, the Secretary of Housing may appoint an assistant, who is exempt from the civil service laws. The secretary shall prescribe the duties of the appointed assistant and shall fix the salary of that assistant subject to the approval of the Director of Finance. The appointed assistant shall serve at the pleasure of the secretary.
(c) This section shall become operative on July 1, 2021.

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.
(b) Funds appropriated from the State Corporations Fund and made available for expenditure for any law or program of the Division of Corporations may come from the following:
(1) Fees and any other amounts charged and collected pursuant to Section 25608 of the Corporations Code, except for fees and other amounts charged and collected pursuant to subdivisions (o) to (r), inclusive, of Section 25608 of the Corporations Code.
(2) Fees collected pursuant to subdivisions (a), (b), (c), and (d) of Section 25608.1 of the Corporations Code.
(c) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) Funds appropriated from the State Corporations Fund and made available for expenditure for any law or program of the Division of Corporations may come from the following:
(1) Fees and any other amounts charged and collected pursuant to Section 25608 of the Corporations Code, except for fees and other amounts charged and collected pursuant to subdivisions (o) to (r), inclusive, of Section 25608 of the Corporations Code.
(2) Fees collected pursuant to subdivisions (a), (b), (c), and (d) of Section 25608.1 of the Corporations Code.
(c) This section shall become operative on July 1, 2021.

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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) This section shall become operative on July 1, 2021.

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.
Where the commission, after hearing, determines that an examination is unlawful under this subdivision, the licensing board may continue to use and rely on the examination until such time as judicial review by the superior court of the determination is exhausted.
If an examination or other qualification for licensing is determined to be unlawful under this section, that determination shall not void, limit, repeal, or otherwise affect any right, privilege, status, or responsibility previously conferred upon any person by the examination or by a license issued in reliance on the examination or qualification.
(b) It shall be unlawful for a licensing board to fail or refuse to make reasonable accommodation to an individual’s mental or physical disability or medical condition.
(c) It shall be unlawful for any licensing board, unless specifically acting in accordance with federal equal employment opportunity guidelines or regulations approved by the commission, to print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry, either verbal or through use of an application form, which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, sex, gender, gender identity, gender expression, age, or sexual orientation or any intent to make any such limitation, specification, or discrimination. Nothing in this subdivision shall prohibit any licensing board from making, in connection with prospective licensure or certification, an inquiry as to, or a request for information regarding, the physical fitness of applicants if that inquiry or request for information is directly related and pertinent to the license or the licensed position the applicant is applying for. Nothing in this subdivision shall prohibit any licensing board, in connection with prospective examinations, licensure, or certification, from inviting individuals with physical or mental disabilities to request reasonable accommodations or from making inquiries related to reasonable accommodations.
(d) It is unlawful for a licensing board to discriminate against any person because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(e) It is unlawful for any licensing board to fail to keep records of applications for licensing or certification for a period of two years following the date of receipt of the applications.
(f) As used in this section, “licensing board” means any state board, agency, or authority in the Business, Consumer Services, and Housing Agency that has the authority to grant licenses or certificates which are prerequisites to employment eligibility or professional status.
(g) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
Where the commission, after hearing, determines that an examination is unlawful under this subdivision, the licensing board may continue to use and rely on the examination until such time as judicial review by the superior court of the determination is exhausted.
If an examination or other qualification for licensing is determined to be unlawful under this section, that determination shall not void, limit, repeal, or otherwise affect any right, privilege, status, or responsibility previously conferred upon any person by the examination or by a license issued in reliance on the examination or qualification.
(b) It shall be unlawful for a licensing board to fail or refuse to make reasonable accommodation to an individual’s mental or physical disability or medical condition.
(c) It shall be unlawful for any licensing board, unless specifically acting in accordance with federal equal employment opportunity guidelines or regulations approved by the commission, to print or circulate or cause to be printed or circulated any publication, or to make any non-job-related inquiry, either verbal or through use of an application form, which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, sex, gender, gender identity, gender expression, age, or sexual orientation or any intent to make any such limitation, specification, or discrimination. Nothing in this subdivision shall prohibit any licensing board from making, in connection with prospective licensure or certification, an inquiry as to, or a request for information regarding, the physical fitness of applicants if that inquiry or request for information is directly related and pertinent to the license or the licensed position the applicant is applying for. Nothing in this subdivision shall prohibit any licensing board, in connection with prospective examinations, licensure, or certification, from inviting individuals with physical or mental disabilities to request reasonable accommodations or from making inquiries related to reasonable accommodations.
(d) It is unlawful for a licensing board to discriminate against any person because the person has filed a complaint, testified, or assisted in any proceeding under this part.
(e) It is unlawful for any licensing board to fail to keep records of applications for licensing or certification for a period of two years following the date of receipt of the applications.
(f) As used in this section, “licensing board” means any state board, agency, or authority in the Business and Consumer Services Agency or the Housing Agency that has the authority to grant licenses or certificates which are prerequisites to employment eligibility or professional status.
(g) This section shall become operative on July 1, 2021.

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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) This section shall become operative on July 1, 2021.

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

(b) The agency shall have priority among all other units of state government for receipt of federal housing subsidies for use in connection with its lending and insurance programs.
(c) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) The agency shall have priority among all other units of state government for receipt of federal housing subsidies for use in connection with its lending and insurance programs.
(c) This section shall become operative on July 1, 2021.

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 by (a) (1) borrowing in the securities markets and relending to housing sponsors, developers, and homeowners and (b) (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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

SEC. 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.
(b) This section shall become operative on July 1, 2021.

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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) This section shall become operative on July 1, 2021.

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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) This section shall become operative on July 1, 2021.

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 among his or her the Governor’s appointees. The Treasurer; the Secretary of Business, Consumer Services, and 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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

SEC. 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.
(b) This section shall become operative on July 1, 2021.

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.
(b) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.

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.
(b) This section shall become operative on July 1, 2021.

SECTION 1.

(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.

SEC. 2.Chapter 36 (commencing with Section 22949) is added to Division 8 of the Business and Professions Code, to read:
36.Housing agency
22949.

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.