Today's Law As Amended


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AB-2166 Federal funding: promoting homeownership.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 50828.5 is added to the Health and Safety Code, to read:

50828.5.
 (a) Ten percent of program funds awarded on and after January 1, 2023, may be prioritized for down payment assistance.
(b) This section shall apply only to the extent that it is consistent with federal requirements.

SEC. 2.

 Section 50896.3 of the Health and Safety Code is amended to read:

50896.3.
 (a) All HOME funds made available to the state shall be allocated by the department for the purposes specified in HOME in accordance with the following provisions:
(1) The department may allocate state HOME funds to local agencies that do not meet the threshold entitlement in an amount not to exceed the difference between the computed entitlement and the threshold.
(2) The department may allocate HOME funds, in an amount determined by the department, to any local agency that does not receive a formula allocation.
(3) The department may allocate HOME funds to housing sponsors who are eligible to participate and meet the standards required in the housing programs authorized by Part 2 (commencing with Section 50400) of this division.
(b) (4)   Notwithstanding any other law,  For HOME funds allocated on and after January 1, 2023,  the department may adopt guidelines, rules, policies, or standards of general application to implement this section. The adoption, amendment, or repeal of any guidelines, rules, policies, or standards of general application employed by the department in implementing this chapter is hereby exempt from the requirements of the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The department shall convene a stakeholder process to inform the development of these guidelines, rules, policies, or standards of general application for the implementation of the program pursuant to this chapter no later than September 1, 2023. Until guidelines, rules, policies, or standards of general application are adopted, the department shall administer the program pursuant to state regulations adopted as of January 1, 2022. Upon adoption of guidelines, rules, policies, or standards of general application, existing previously adopted state regulations shall be repealed. The repeal of existing state regulations pursuant to this section is hereby exempted from the requirements of the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). prioritize 30 percent of available funds to promote homeownership opportunities. This paragraph shall be implemented only to the extent that it is consistent with federal requirements. 
(b) The department shall, on or before January 15, 1994, adopt regulations which set forth procedures and program standards, for the combined use of HOME and state funds, that are compatible and consistent with both federal and state law.