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SB-619 Promise Zones: credit reporting pilot program: educational services.(2019-2020)

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Date Published: 04/30/2019 09:00 PM
SB619:v97#DOCUMENT

Amended  IN  Senate  April 30, 2019
Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 619


Introduced by Senator Hueso
(Coauthor: Senator Allen)(Coauthors: Senators Allen, Caballero, and Chang)
(Coauthor: Assembly Member McCarty)

February 22, 2019


An act to add and repeal Article 7 (commencing with Section 425) of Chapter 3 of Division 1 of the Financial Code, and to amend Section 12097.5 of the Government Code, relating to promise zones.


LEGISLATIVE COUNSEL'S DIGEST


SB 619, as amended, Hueso. Promise Zones: credit reporting pilot program: educational services.
The Consumer Credit Reporting Agencies Act and the federal Fair Credit Reporting Act provide for the regulation of consumer credit reporting agencies that collect credit-related information on consumers and report this information to subscribers and of persons who furnish that information to consumer credit reporting agencies, as provided.
Existing law requires, among other things, that the Governor’s Office of Business and Economic Development (GO-Biz) convene, at least annually, representatives from various programs and agencies across the state and from various federal programs and agencies for the purpose of discussing how California can leverage Promise Zones and Opportunity Zones to meet state and local community and economic development needs, as provided.
This bill would require, as part of this annual convention, that the office assist with educational partnerships. The bill would make other nonsubstantive changes.
This bill, on and after January 1, 2021, would establish a pilot program to require the owner or operator of a an eligible rental housing development located within a Promise Zone, as defined, that either consists of 50 or more units or receives financial assistance from the state to, state, to on a monthly basis, basis furnish to at least one major a consumer credit reporting agency, as defined, information regarding the rental payment made by each tenant within the rental housing development who elects to participate in the pilot program, authorizes the submission of that information, as provided. The bill would require the Department of Business Oversight to notify the director of each Promise Zone of the implementation of the pilot program and require the Department of Business Oversight to collect and analyze data on the pilot program and submit a report to the Legislature, as provided. that a tenant living in a Promise Zone may opt to have their rental payments reported to a consumer credit reporting agency and to encourage the director to offer those tenants credit education and financial coaching free of charge. The bill would require the department to contract with an independent third party to analyze data submitted to credit reporting agencies pursuant to these provisions and submit a report to the department providing specified information. The bill would require the department to post that report on its internet website and submit the report to the Legislature by January 1, 2024. The bill would repeal these provisions as of January 1, 2025.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles, the City of Sacramento, and the City of San Diego.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 7 (commencing with Section 425) is added to Chapter 3 of Division 1 of the Financial Code, to read:
Article  7. Promise Zone Rent Payment Reporting Pilot Program

425.
 For purposes of this article:
(a) “Consumer credit reporting agency” means TransUnion, Equifax, or Experian. one that compiles and maintains files on consumers on a nationwide basis and meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).
(b) “Eligible rental housing development” means a rental housing development that is located within a Promise Zone and for which either of the following apply:
(1) The development consists of 50 or more units.
(2) The development receives financial assistance from the state.
(c) “Furnish” or “furnishing” means that the eligible rental housing development acts as a furnisher, within the meaning of Section 660.2(c) of Title 16 of the Code of Federal Regulations.

(d)“Pilot program” means the process for furnishing reports of rental payments to consumer credit reporting agencies, as described in Section 12097.12.

(d) “Operator” means the person or entity that manages the eligible rental housing development. An operator may, but is not required to, be the owner of the development.
(e) “Promise Zone” means the four areas in this state, located within the City of Los Angeles, the City of Sacramento, and the City of San Diego, that were designated as Promise Zones by the United States Department of Housing and Urban Development as of January 1, 2019.
(f) “Rental payment” means a regular payment made in exchange for the right to occupy a unit in an eligible rental housing development.
(g) “Tenant” means a person residing in an eligible rental housing development who is responsible for making rental payments.

426.
 (a) (1) On and after January 1, 2021, and subject to paragraph (2), the owner or operator of each eligible rental housing development shall, on a monthly basis, furnish to at least one consumer credit reporting agency information regarding the rental payment made by each tenant within the eligible rental housing development who elects to participate in the pilot program in accordance with paragraph (2). An owner or operator authorizes the submission of that information or may authorize a third party to report the information required by this paragraph. on its behalf.

(2)A tenant may elect to participate in the pilot program by filing with the owner or operator of the eligible rental housing development a written request that the information described in paragraph (1) be furnished to a consumer credit reporting agency.

(3)

(2) An owner or operator of an eligible rental housing development, or an authorized third party, as applicable, shall obtain written consent from a tenant before reporting data to a consumer credit reporting agency.

(4)

(3) A tenant participating in the pilot program that provides consent pursuant to paragraph (2) may, at any time, file a subsequent written request with the owner or operator of the eligible rental housing development that the owner or operator, or third party organization authorized to report on their behalf, not furnish to a consumer credit reporting agency the information described in paragraph (1). operator or authorized third party requesting that the operator or third party cease reporting their rental payment information to a consumer credit reporting agency.

(5)

(4) Participating tenants who subsequently opted opt out of the pilot program may file a request to participate, reporting pursuant to paragraph (3) may provide new consent pursuant to paragraph (2), (2) six months from the date the written opt out is filed, or whatever period is required by the consumer credit reporting agencies, whichever is sooner.
(b) A tenant participating in the pilot program who opts into rent reporting does not forfeit any rights under Sections 1941 to 1942, inclusive, of the Civil Code. Payments made conforming to those statutes shall not constitute a late rental payment. Tenants invoking their rights under Sections 1941 to 1942, inclusive, of the Civil Code, shall notify the owner or operator of their eligible rental housing prior to the date rent is due.
(c) The Department of Business Oversight shall do all of the following in connection with the pilot program:
(1)Notify notify the director of each Promise Zone of the implementation of the pilot program and encourage each director to provide educational resources to tenants participating in the program that are designed to improve their knowledge of credit and financial resources. regarding the ability of tenants living in Promise Zones to opt to have their rent payments reported to a consumer credit reporting agency and shall encourage each director to offer Promise Zone tenants credit education and financial coaching services free of charge to the tenants.

(2)Collect and analyze data on the pilot program to assess its effectiveness in achieving the purposes of this article.

(3)Submit a report to the Legislature within six months of the conclusion of the pilot program which shall contain all of the following information:

(A)The number of residents who opted into the pilot program.

(B)The average number of months a resident participated in the program.

(C)Resident dropout and enrollment rates in the program.

(D)The average change in credit score for a resident at each property.

(E)Recommendations regarding program procedures including whether the program should be continued or expanded, and what, if any modifications should be made.

(d) The Department of Business Oversight shall contract with an independent third party to analyze the data furnished to consumer reporting agencies pursuant to subdivision (a). The third party shall submit a report to the department summarizing the analysis by December 1, 2023. The report submitted by the independent third party shall include the following information:
(1) A determination of whether the submission of rental payment data enables an individual who lacks a trade line on file at a consumer credit reporting agency to establish a prime credit score with that agency and, if applicable, the mean credit score established by those individuals.
(2) A determination of whether the submission of rental payment data enables an individual with three or fewer trade lines on file at a consumer credit reporting agency to establish a prime credit score with that agency and, if applicable, the mean credit score established by those individuals.
(3) A determination of whether the submission of rental payment data enables an individual with a nonprime credit score at a consumer credit reporting agency to establish a prime credit score with that agency and, if applicable, the mean credit score established by those individuals.
(4) For renters with a credit score at a consumer credit reporting agency before their rental payment data was first submitted pursuant to this section, the total number and the percentage of those renters that experience a positive score change, a negative score change, and no score change, and the average size of those changes.
(5) The percentage of tenants that move between credit tiers following the submission of rental payment data.
(e) The contract used by the Department of Business Oversight to comply with subdivision (d) shall require the third party to, at a minimum, do all of the following:
(1) Include data for participating tenants, without regard to whether the data is submitted by participating eligible rental housing developments or by authorized third parties.
(2) Analyze the data at least once every six months.
(3) Isolate the impact of the rental income trade line relative to other trade lines.
(4) Anonymize and aggregate all data included in the final report.
(5) Provide the information required by subdivision (d) in relation to individual developing of a VantageScore 3.0, FICO 9, or comparable credit score that accounts for rental payment data.
(f) The Department of Business Oversight shall post the report prepared pursuant to subdivision (d) on its internet website and submit the report to the Legislature in accordance with Section 9795 of the Government Code by January 1, 2024.

427.
 This article shall remain in effect until January 1, 2025, and as of that date is repealed.

SEC. 2.

 Section 12097.5 of the Government Code is amended to read:

12097.5.
 (a) (1) The office is hereby authorized to develop content on its internet website or through other mediums to be used for public dissemination, through outreach activities, in order to provide information and resources to inform the general public about place-based and other geographically targeted economic development programs, including, but not limited to, federal Promise Zones within California that are designated by the United States Department of Housing and Urban Development, and Opportunity Zones designated by the United States Treasury, pursuant to Sections 1400Z-1 and 1400Z-2 of the Internal Revenue Code.
(2) The information and resources shall include, but not be limited to, how the local jurisdictions or census tracts were created, where locals and investors may get additional information, and updates regarding federal programs as that information becomes available.
(b) (1) The office shall convene, at least annually, representatives from various programs and agencies across the state and from various federal programs and agencies for the purpose of discussing how California can leverage Promise Zones and Opportunity Zones to meet state and local community and economic development needs. The convention topics shall include, but not be limited to, discussions on enhanced engagement opportunities and targeted outreach to assist designated areas in their efforts to access state resources and services.
(2) As part of the annual convention required by this subdivision, the office shall assist with educational partnerships.
(c) As used in this section:
(1) “California Opportunity Zone” means a census tract in this state that has been designated by the United States Treasury as an Opportunity Zone, pursuant to Sections 1400Z-1 and 1400Z-2 of the Internal Revenue Code.
(2) “California Promise Zone” means a community in this state that has been designated by the United States Department of Housing and Urban Development as a Promise Zone.

SEC. 3.

 The Legislature finds and declares that, with respect to Section 2 of this act, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Los Angeles, the City of Sacramento, and the City of San Diego related to the designation of federal Promise Zones within each of these cities by the United States Department of Housing and Urban Development.