Today's Law As Amended


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AB-1135 State of California Housing Allocation Act.(2021-2022)



As Amends the Law Today


SECTION 1.
 This act shall be known, and may be cited, as the State of California Housing Allocation Act.
SEC. 2.
 The Legislature finds and declares all of the following:
(a) Housing and homelessness represent California’s most critical affordability issue.
(b) California’s housing shortage poses significant risks to the state’s long-term diversity, vibrancy, and economic success.
(c) State government lacks a centralized reporting structure for housing policy, with multiple separate entities whose primary purpose is to administer housing and homelessness programs.
(d) California is the only state with major housing departments reporting through different elected officials.
(e) California’s state government should be structured to operate as effectively and efficiently as possible.
(f) Creating a single, centralized housing funding allocation entity will enable more streamlined operations, reduce costs, and increase housing unit production.

SEC. 3.

 Section 12804.6 is added to the Government Code, to read:

12804.6.
 (a) The Secretary of Business, Consumer Services, and Housing shall develop a new organizational plan for the housing departments in the agency. The plan shall streamline processes and eliminate redundant tasks between departments, including the following:
(1) Development of program guidelines with substantially similar requirements.
(2) Review of applications across programs.
(3) Compiling of project data.
(4) Monitoring of project financials.
(5) Physical property inspections.
(b) The plan required pursuant to subdivision (a) shall additionally include details on the creation of a comprehensive housing data system.
(c) No later than December 31, 2022, the Secretary of Business, Consumer Services, and Housing shall submit a report to the Legislature, in compliance with Section 9795, on the plan required by this section.

SEC. 4.

 Chapter 3.7 (commencing with Section 50199.30) is added to Part 1 of Division 31 of the Health and Safety Code, to read:

CHAPTER  3.7. Housing Allocation Committee
50199.30.
 (a) No later than January 1, 2023, the Business, Consumer Services, and Housing Agency, the Department of Housing and Community Development, the California Housing Finance Agency, and the California Tax Credit Allocation Committee shall jointly establish and operate a single, centralized housing funding allocation committee, which shall be within the Business, Consumer Services, and Housing Agency. The committee created pursuant to this section shall be comprised of representatives of the entities described in this subdivision.
(b) The committee created pursuant to this section shall be responsible for allocating state controlled financing to housing developments, as described in Section 50199.31, and serve as the point of contact for developers seeking to build affordable housing in this state.
(c) For purposes of this chapter, “committee” means the committee created pursuant to this section.
50199.31.
 Except as otherwise provided in Section 50199.33, the committee shall be responsible for allocating state-controlled affordable housing funds, including the following:
(a) Federal low-income housing tax credits, in accordance with Section 42 of Title 26 of the United States Code and this chapter.
(b) Federal qualified residential rental project bonds.
(c) State low-income housing tax credits, in accordance with Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code.
(d) State subsidy loans used for the development of affordable housing.
(e) State grants used for the development of affordable housing.
(f) Other state or federal funds that are used for the development of individual affordable housing projects.
50199.32.
 Except as otherwise provided in Section 50199.33, no later than December 31, 2023, the committee shall create a unified application and award process for the allocation of state-controlled affordable housing funds described in Section 50199.31. To the extent permitted by any applicable law governing the allocation and use of those state-controlled affordable housing funds, applications and awards shall be made at least twice per calendar year. The committee shall take into account the following details in developing a scoring system for a unified award process:
(a) Affordability level of the restricted units.
(b) Location of the housing development, including proximity to transit, jobs, and community resources.
(c) Geographic diversity.
(d) Total subsidy provided by the committee.
(e) Other priorities as deemed appropriate by the committee.
50199.33.
 The committee, by a majority vote of its members and to the extent permitted by any other applicable law, may exclude state-controlled affordable housing funds from the unified application and award process described in Section 50199.32 for any the following reasons:
(a) The program’s funding timing does not match with the general application and award process.
(b) The program is designed for a specific population or purpose that does not align with federal housing credit or mortgage revenue bond laws or regulations.
(c) A separate application or award process will lead to more cost and time efficiency.
(d) Allocating funding in accordance with the unified application and award process would be inconsistent with any applicable law governing the use or allocation of those funds.