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AB-2843 Local employer affordable housing fees: Affordable Housing Assistance Fund.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
AB2843:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2843

Introduced by Assembly Member Chu

February 20, 2020

An act to add Part 17 (commencing with Section 37000) to Division 2 of the Revenue and Taxation Code, relating to taxation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2843, as introduced, Chu. Local employer affordable housing fees: Affordable Housing Assistance Fund.
Existing law authorizes the legislative body of an incorporated city and the county board of supervisors, in the exercise of its police power and for the purpose of regulation, to license any kind of business not prohibited by law transacted and carried on within the limits of its jurisdiction.
This bill would require a city, county, or city and county to collect an additional annual fee from any applicant for a local business license in an amount depending on the number of employees employed by the business, as specified. The bill would require the local entity to create a fund, entitled the “Affordable Housing Assistance Fund,” in which the fees collected under these provisions would be deposited. The bill would require the moneys in the fund to be used for specified purposes, including first-time homebuyer programs, vouchers for individuals experiencing homelessness, funding and subsidizing affordable housing development projects, and rental assistance. By imposing additional duties upon local entities, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) In California, the median home price is double the national average.
(b) California makes up 12 percent of the nation’s population, but 25 percent of the nation’s homeless population.
(c) According to the Public Policy Institute of California, 25 percent of the nation’s total homeless population reside in California and 69 percent of individuals experiencing homelessness in California are unsheltered, which is the highest rate in the country.
(d) Each household in California spends an average of 30 percent of their income on housing.

SEC. 2.

 Part 17 (commencing with Section 37000) is added to Division 2 of the Revenue and Taxation Code, to read:

PART 17. Local Employer Affordable Housing Fees

37000.
 (a) Any applicant for a local business license shall pay an additional annual fee in the amount required pursuant to subdivision (b), which shall be collected by the city, county, or city and county that issued the license.
(b) The amount of the fee collected pursuant to subdivision (a) shall be as follows:
(1) An employer with 200 to 999 employees shall pay seventy-five dollars ($75) per employee.
(2) An employer with more than 999 employees shall pay one hundred fifty dollars ($150) per employee.
(3) An employer with fewer than 50 employees shall not be required to pay an additional fee pursuant to this section.
(c) (1) The city, county, or city and county shall deposit the moneys in a special fund, established by the city, county, or city and county, to be known as the “Affordable Housing Assistance Fund.”
(2) The moneys in the fund shall be used for the following purposes:
(A) First-time home buyer programs.
(B) Providing vouchers to individuals experiencing homelessness to enable those individuals to obtain temporary housing.
(C) Funding and subsidizing housing development projects that are 100 percent affordable to persons and families of low or moderate income.
(D) Rental assistance.
(d) For purposes of this chapter:
(1) “First-time home buyer” means the same as defined in Section 50068.5 of the Health and Safety Code.
(2) “Persons and families of low or moderate income” shall mean the same as defined in Section 50093 of the Health and Safety Code.

SEC. 3.

 The Legislature finds and declares that Section 2 of this act adding Part 17 (commencing with Section 37000) to Division 2 of the Revenue and Taxation Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act applies to all cities, including charter cities.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.