Today's Law As Amended


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SB-1105 San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency.(2021-2022)



As Amends the Law Today


SECTION 1.

 Title 6.5 (commencing with Section 62800) is added to the Government Code, to read:

TITLE 6.5. San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency

PART 1. Formation of the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency

CHAPTER  1. General Provisions
62800.
 This title shall be known, and may be cited, as the San Diego Regional Equitable and Environmentally Friendly Housing Act, or alternatively as the SD REEF Housing Act.
62801.
 The Legislature finds and declares all of the following:
(a) San Diego County faces the most significant housing crisis in the region’s history, as tens of thousands of residents are facing insurmountable housing costs, being pushed out of their homes, spending hours driving every day to and from work, are one paycheck away from an eviction, or experiencing homelessness.
(b) San Diego County faces this crisis because, as a region, it has failed to produce enough housing at all income levels, preserve affordable housing, protect residents from displacement, provide adequate housing in close proximity to jobs and transit, and address the housing issue at a regional scale.
(c) The region is currently missing nearly 90,000 homes and needs another 90,000 homes to be built by 2030, just to keep pace with population growth. The region is on pace to build half that amount. The regional housing shortage is driving rents and home prices to record highs and puts an entire generation of San Diegans at risk of being left behind.
(d) The high cost of housing impacts all San Diegans, including, low-income residents, retirees living on a fixed income, college students, families locked-out of homeownership, people experiencing homelessness, and businesses that struggle to attract and retain a diverse and skilled workforce due to the high cost of living.
(e) San Diegans are increasingly forced to move further and further away, leading to worsening traffic, commute times, carbon pollution, and the acceleration of the climate emergency.
(f) The impacts of housing crisis are disproportionately borne by people of color, including Black, Latino, Asian and Pacific Islander Americans, and low-income residents.
(g) The housing crisis is fundamentally connected to the climate crisis. Building equitable, inclusive, and sustainable homes in the right places, near jobs, transit, and amenities is vital to protecting the climate and preserving open spaces and ecosystems.
(h) The housing crisis is regional in nature and existing municipality-specific programming would benefit from a regional strategy that could supplement local programming with additional supports and services.
(i) San Diego County faces housing needs at all income levels, but the shortfall is most acute among very low, low-, and moderate-income households, hereafter referred to as “equitable housing.”
(j) While the sixth cycle calls for regional production of 12,325 equitable housing units per year, actual regional production has averaged just 1,655 equitable housing units per year over the fifth cycle.
(k) San Diego County faces an annual funding shortfall of over two billion dollars ($2,000,000,000) in its efforts to address the affordable housing crisis.
(l) A multistakeholder countywide agency is necessary to help address the affordable housing crisis in San Diego County by delivering resources and technical assistance at a regional scale, including:
(1) Generating new dedicated regional funding for critical capital and other supports for affordable housing developments across San Diego County.
(2) Providing staff support to local jurisdictions that require capacity or technical assistance to expedite the preservation and production of housing.
(3) Funding renter protection programs and services that complement and augment the actions of local jurisdictions.
(4) Assembling parcels, acquiring land, and supporting community land trusts for the purpose of building affordable housing.
(5) Monitoring and reporting on progress at a regional scale.
62802.
 For purposes of this title:
(a) “Agency” means the San Diego Regional Equitable and Environmentally Friendly Housing Agency established pursuant to Section 62810.
(b) “Board” or “SD REEF board” means the governing board of the San Diego Regional Equitable and Environmentally Friendly Housing Agency.
(c) “Equitable housing” means housing that is restricted by recorded document to provide an affordable housing cost to very low, low-, or moderate-income households, at or below 120% of the area median income.
(d) “Extremely low income households” has the same meaning as the term as defined in Section 50106 of the Health and Safety Code.
(e) “First-time home buyer programs and opportunities” means programs that provide grants, loans, financial counseling and coaching, direct subsidy, development subsidy, or other forms of assistance that connect first-time home buying households at or below 120 percent of the area median income with home ownership opportunities and meets all of the following requirements:
(1) Properties may include, but are not limited to, single-family residential, townhomes, twin and row homes, condos, co-ops, limited equity cooperatives, and community land trusts.
(2) Participating purchasers shall occupy the property as their principal residence.
(3) Properties that receive a direct subsidy or development subsidy, such as down payment or closing cost assistance, are subject to both of the following stipulations:
(A) A deed restriction or covenant running with the land in perpetuity shall include a resale restriction formula that limits future sales prices to no more than 10 percent annualized appreciation above the purchase price.
(B) Temporary subleases shall be prohibited, provided that the agency may make exceptions for military families.
(4) All first-time home buyer projects funded under this title shall achieve an income average across the project of not more than 120 percent of the area median income.
(f) “Lower income households” has the same meaning as that term is defined in Section 50079.5 of the Health and Safety Code.
(g) “Low- or moderate-income households” means persons and families whose income does not exceed 135 percent of the area median income.
(h) “San Diego County” means the entire area within the territorial boundary of the County of San Diego.
(i) “SANDAG” means the San Diego Association of Governments.
(j) “Very low income households” has the same meaning as the term as defined in Section 50105 of the Health and Safety Code.
62803.
 The Legislature finds and declares that providing a regional financing mechanism for affordable equitable housing development, preservation, and renter protections in San Diego County, as described in this section and Section 62801 is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this title applies to all cities within San Diego County, including charter cities.
CHAPTER  2. The San Diego Regional Equitable and Environmentally Friendly Housing Agency and Governing Board
62810.
 (a) The San Diego Regional Equitable and Environmentally Friendly Housing Agency is hereby established with jurisdiction extending throughout San Diego County.
(b) The formation and jurisdictional boundaries of the agency are not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5).
(c) The purpose of the agency is to increase the supply of equitable and environmentally friendly housing in San Diego County by providing for significantly enhanced funding and technical assistance across the region for equitable and environmentally friendly housing activities that include new production, preservation, and rental protection. The agency’s housing activities shall be guided by all of the following principles:
(1) Supporting the broad range of housing needs that reflect the diversity of San Diego County, from extremely low income to workforce housing and middle-income housing, at or below 135 percent of the area median income.
(2) Advancing sustainability by supporting the production of equitable housing near transit, jobs, and amenities and including resilient and sustainable building design features.
(3) Fostering livable and equitable communities that encourage mixed-uses, mixed-income, walkable, bikeable, age-friendly development patterns with proximity to transit, jobs, open spaces, schools and amenities.
(4) Advancing equity in the built environment by fostering inclusion, diversity, and affirmatively furthering fair housing.
(5) Supporting good jobs for working families with fair wages and strong worker protections.
(d) The agency shall complement and supplement existing efforts by cities, counties, districts, and other local, regional, and state entities, related to addressing the goals described in this title.
62811.
 (a) The agency shall be governed by a board of directors composed of six voting members, who shall all be SANDAG primary or alternate members. Each member shall represent one subregion for a total of six subregions. The jurisdictions in each subregion shall be consistent with Section 132350.2 of the Public Utilities Code. The six members shall consist of the following:
(1) A primary and alternate member appointed by the Mayor of the City of San Diego, to represent the subregion of the City of San Diego.
(2) A primary and alternate member appointed by the San Diego County Board of Supervisors, to represent the subregion of the County of San Diego.
(3) (A) A total of four members representing each of the four remaining subregions of east county, north county coastal, north county inland, and south county.
(B) For purposes of selecting the four members under this paragraph, each city within a subregion shall be entitled to vote to select a candidate for consideration and appointment.
(b) Six alternate members may be chosen in the same manner as the six voting members selected pursuant to subdivision (a).
(c) (1) The board may consist of the following ex officio members if appropriate to roles and responsibilities of the board, as determined by the board:
(A) The SANDAG Board Chair, First Vice Chair, and Second Vice Chair.
(B) Directors of housing authorities located within San Diego County.
(2) All ex officio members shall be nonvoting members.
(d) (1) The governing body of each appointing entity shall make their appointments to the SD REEF board annually by January 10, and as necessary when vacancies occur. Each member agency shall confirm the appointment of its primary and alternate SD REEF board members by sending a written letter to the clerk of the board. Appointments shall go into effect immediately following approval by the member agency’s governing body.
(2) The SANDAG chair shall provide notice requesting that SANDAG board members from each of the subregions appoint an SD REEF board member or alternate, as authorized. Each subregion shall ensure that the clerk of the board is notified of the date, time, and location for that subregion’s meeting. A majority of the primary members present at the subregion meeting shall make a selection. An alternate member may vote in the absence of the primary member. Appointments shall be made by January 31 or as vacancies occur. Appointments shall go into effect immediately upon approval by the subregion.
(3) In addition to the voting members, all ex officio organizations will make an annual appointment by January 31. If any organization with ex officio representation fails to make an appointment, the current representative shall continue to serve until a replacement appointment is made by their respective organization.
(e) (1) The chair and vice chair shall be elected by the SD REEF board in February or as vacancies occur. The chair and vice chair can be primary or alternate members of the SANDAG board but must be primary members of the SD REEF board.
(2) The appointments shall go into effect immediately.
(f) (1) SANDAG board alternates selected to chair the SD REEF board are strongly encouraged to attend all SANDAG board meetings, to represent SD REEF, and provide information to the SANDAG board concerning actions taken.
(2) If an organization with voting rights or a subregion is unrepresented at three committee meetings during the term, the chair or vice chair shall send a letter to the applicable appointing body or group.
(3) In order to ensure a quorum, full participation, fairness, and comprehensive knowledge of the items discussed at meetings, members who are eligible for compensation for attendance shall be present for at least one-half of the time set for the meeting or the duration of the meeting, whichever is less, in order to be eligible for compensation under subdivision (g).
(g) Primary members of the board shall be compensated one hundred dollars ($100) per meeting, adjusted periodically as the board directs to keep pace with inflation. A member may waive a payment of per diem authorized by this subdivision. Out-of-state travel and conference travel shall be compensated by the board member’s home city or county.
(h) Parliamentary procedure at all meetings shall be governed by Robert’s Rules of Order, Newly Revised.
(i) (1) A majority of the voting members constitute a quorum for the transaction of business. In order to act on any item, the affirmative vote of the majority of the members of the board present is required. However, after a vote of the members is taken, a weighted vote may be called by the members of any two jurisdictions.
(2) For the weighted vote, there shall be a total of 100 votes. Each subregional representative shall have that number of votes determined by the apportionment formula established by this paragraph, provided that each subregional representative shall have at least one vote, no subregional representative shall have more than 50 votes, and there shall be no fractional votes.
(A) If any subregion has 50 percent or more of the total population of the San Diego County region, 50 votes shall be allocated to that subregion and subparagraph (B) shall apply.
(B) Total the population of the remaining subregions determined in subparagraph (A) and compute the percentage of this total for each subregion. Each percentage derived above by 50 shall be multiplied to determine fractional shares and fractions that are less than one shall be boosted to one and the whole number.
(i) If the calculation pursuant to this subparagraph is 50, all fractions shall be dropped and the whole numbers shall be the votes for each subregion.
(ii) If the calculation pursuant to this subparagraph is less than 50, the remaining vote or votes shall be allocated one each to the subregion that has the highest fraction, excepting those whose vote was increased to one pursuant to this subparagraph.
(iii) If the calculation pursuant to this subparagraph is more than 50, the excess vote or votes shall be taken one each from the subregion with the lowest fraction.  In no case shall a vote be reduced to less than one.
(C) If no subregion has 50 percent or more of the total population of the San Diego County region, the total population of each subregion shall be calculated and the percentage that each subregion has of the total population of the San Diego County region. Fractions that are less than one shall be boosted to one and the whole number.
(i) If the calculation pursuant to this subparagraph is 100, all fractions shall be dropped and the whole numbers shall be the votes for each subregion.
(ii) If the calculation pursuant to this subparagraph is less than 100, the remaining vote or votes shall be allocated one each to the subregion that has the highest fraction excepting those whose vote was increased to one pursuant to this subparagraph.
(iii) If the calculation pursuant to this subparagraph is more than 100, the excess vote or votes shall be taken one each from the subregion with the lowest fraction.  In no case shall a vote be reduced to less than one.
(3) When a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote.
(4) Approval under the weighted vote procedure requires the vote of not less than two members and not less than 51 percent of the total weighted vote to supersede the original action of the board.
(5) For purposes of this subdivision, the population of the subregion of the County of San Diego shall be the population in the unincorporated area of the county.
(6) The weighted vote formula established under this subdivision shall be recalculated on July 1 of each year.
(j) The agency shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).
62811.1.
 Every member of the board shall be subject to Article 2 (commencing with Section 87200) of Chapter 7 of Title 9.
62811.2.
 (a) Except as provided in subdivision (b) and (c), each member of the board shall serve a term of four years or until a successor is appointed and qualified. A member may be removed at the pleasure of the appointing entities described in subdivision (a) of Section 68211.
(b) The membership of any member serving on the agency as a result of holding another public office shall terminate when the member ceases holding the other public office.
(c) The initial four-year term for one or more of the members may be shortened for the purpose of ensuring that the members will serve staggered terms.
62811.3.
 (a) The board may appoint a chief executive officer, general counsel, board secretary, or any other officers as deemed necessary who shall act for the agency under its direction and perform those duties delegated by the board. If the agency reaches an agreement with SANDAG to utilize its staff pursuant to Section 62813, appointments shall be made from existing SANDAG staff.
(b) Any officers may be appointed to a renewable term of four years and shall be removed from office only upon the occurrence of one or both of the following:
(1) A two-thirds majority of the members of the agency board votes for removal.
(2) The board determines that the officer violates a federal or state law, regulation, local ordinance, or policy or practice of the agency, relative to ethical practices, including, but not limited to, the acceptance of gifts, or contributions.
62811.4.
 (a) The board shall appoint an inspector general to a renewable term of office of four years. The inspector general may be removed from office by a two-thirds vote of the members of the board if the board determines that the inspector general violates a federal or state law or regulation, a local ordinance, or a policy or practice of the agency, relative to ethical practices, including, but not limited to, acceptance of gifts, or contributions.
(b) The inspector general shall, at a noticed public hearing of the agency, report quarterly on the impact or cost-effectiveness of investments and projects, and on expenditures of the agency for travel, meals and refreshments, and any other expenditures specified by the agency.
62812.
 (a) The agency may determine its organizational structure, which may include, but is not limited to, the establishment of departments, divisions, subsidiary units, or similar entities. Any department, division, subsidiary unit, or similar entity established by the agency shall be referred to in this chapter as an “organizational unit.”
(b) The board may delegate to an organizational unit or to its officers any powers and duties it deems appropriate. Powers and duties that may be delegated to an organizational unit include, but are not limited to, the following:
(1) Approval of contracts up to authority limits established by the board, except that final approval of labor contracts shall require board approval.
(2) Hearing and resolving bid protests.
(c) Notwithstanding the above, if the agency reaches agreement with SANDAG to utilize its staff pursuant to Section 62813, the agency shall utilize the policies established by SANDAG for its operations.
62812.5.
 The agency shall be deemed a local public entity, as defined in Section 50079 of the Health and Safety Code, for the purposes of receiving notice of the disposing of surplus land by a local agency, pursuant to paragraph (1) of subdivision (a) of Section 54222.
62813.
 The members of the board shall be appointed by April 1, 2023. The agency shall have no powers, duties, or responsibilities until all board members are appointed and one of the following occurs:
(a) The agency receives dedicated funding from the state or local agencies.
(b) The agency reaches an agreement with SANDAG to utilize their staff with the understanding that additional staff with expertise in affordable housing finance will be needed to administer the funding authorized in this chapter.
(c) Voters approve a measure for the agency to generate revenue pursuant to this title.
62814.
 A member of the board shall exercise independent judgment on behalf of the interests of the residents, the property owners, and the public of San Diego County in furthering the intent and purposes of this title.
62815.
 (a) The board shall hold its first meeting at a time and place within San Diego County fixed by the chair of the board.
(b) After the first meeting described in subdivision (a), the board shall hold meetings at times and places determined by the board.
62816.
 (a) The board may make and enforce rules and regulations necessary for governing the board, the preservation of order, and the transaction of business.
(b) In exercising the powers and duties conferred on the agency by this title, the board may act by ordinance, resolution, or minute action.
62817.
 (a) The board shall form an advisory committee that adheres to the guiding principles of ensuring that the region produce enough equitable and environmentally friendly housing, while preserving equitable housing, and providing rental protections. The committee shall be composed of up to 18 voting members with knowledge and experience in the areas of affordable housing finance and development, or housing preservation, or rental protections. The advisory committee shall meet as necessary and provide substantial assistance and feedback in the development of the annual expenditure plan, performance monitoring, and the overall implementation of agency programs. The advisory committee shall report directly to the board and the public. Consistent with the provisions of this chapter, the advisory committee shall provide consultation and make recommendations to the board. The advisory committee shall meet as often as is necessary to fulfill its roles and responsibilities. The board may add additional seats to the advisory committee at its discretion.
(b) Committee members shall carry out the responsibilities laid out in this section and play a valuable and constructive role in the ongoing improvement and enhancement of the agency. Committee members shall offer their unique knowledge and experience in the areas of affordable housing finance and development, rental protection, and housing preservation. The committee members shall meet both of the following requirements:
(1) Reside in San Diego County.
(2) Be subject to conflict-of-interest provisions.
(c) A person may apply to the Office of the Inspector General or any SD REEF board member to become a member of the committee. The board shall select the members of the committee every two years, at a date set with 90 days’ notice by the chair of the board. The committee seats shall be flexible with preferences for each of the following professions or areas of expertise:
(1) A flexible seat for a person with relevant experience in housing.
(2) A person with experience in senior-level decision making in affordable housing development, preservation, and operations and with a minimum of five years of relevant experience in that field.
(3) A person with experience in housing finance and with a minimum of five years of experience in that field.
(4) A person with experience in labor organizing or advocacy with a minimum of five years of experience in that field.
(5) A person with experience in environmental sustainability including organizing, advocacy, or policymaking with a minimum of five years of experience in that field.
(6) A person with experience in the housing challenges facing older adults or people with disabilities and with a minimum of five years of experience in that field.
(7) A person with experience in the housing challenges facing workforce and middle-income households with a minimum of five years of experience in that field.
(8) A person with experience in the housing challenges facing communities of color or cultural communities with a minimum of five years of experience in that field.
(9) A person with experience as a legal expert advancing or enforcing fair housing policies on behalf of a community-based organization and with a minimum of five years of experience in that field.
(10) A person with experience in academic research, think tanks, or policymaking with a focus on housing policy and practice and a minimum of 10 years of experience in that field.
(11) A person with lived experience as a low- or moderate-income tenant, with a minimum of five years in the field, or experiencing homelessness, with a minimum of five years in the field.
(12) A young person between 18 and 24 years of age with demonstrated lived experience of homelessness, or lived experience as a low- or moderate-income tenant, or demonstrated experience as an organizer or advocate around housing affordability challenges with community-based organizations.
(13) A person with relevant experience in the intersection of housing and education issues, with a minimum of five years of experience in that field.
(14) Two people with relevant experience in the intersection of housing and health issues, with a minimum of five years of experience in that field.
(15) A person with relevant experience as a local employer facing workforce housing challenges, with a minimum of five years of experience in that field.
(16) A person with relevant experience as a private sector mixed-income housing developer, with a minimum of five years of experience in that field.
(17) A person over the age of 55 with demonstrated lived experience of the housing challenges facing older adults.
(d) A committee member may be removed from their position by the inspector general or if a majority of the committee members votes for removal upon finding that the committee member has violated a federal or state law, a regulation, a local ordinance, or a policy or practice of the agency, relative to ethical practices.
62818.1.
 (a) The members of the advisory committee shall be subject to the agency’s conflict-of-interest policies. The members shall have no legal action pending against the agency and are prohibited from acting in any commercial activity directly or indirectly involving the agency, such as being a consultant to the agency or to any party with pending legal actions against the agency during their committee tenure.
(b) The committee members shall receive a reasonable stipend as compensation, which shall be set by the Office of the Inspector General and shall be subject to board approval. A member may choose to waive this stipend in its entirety. Each member of the committee shall serve for a term of three years, and until a successor is appointed, except that initial appointments may be staggered with terms of two years as proposed by the inspector general.
(c) A committee member shall serve no more than three terms on the committee.
(d) Any member may, at any time, resign from the committee upon written notice delivered to the agency. Change of residence to outside San Diego County shall constitute a member’s automatic resignation.
(e) The members shall elect a chair and vice chair at the first meeting of the advisory committee. The chair and vice chair shall each serve a renewable one-year term for as long as the chair or vice chair is eligible to serve on the committee.
62818.2.
 (a) The advisory committee shall meet as necessary to fulfill their roles and responsibilities.
(b) The agency, led by the Office of the Inspector General and in partnership with the advisory committee, shall conduct a biennial performance review of all projects and programs implemented under the expenditure plan. The review shall evaluate project and program performance, outcome metrics, and make recommendations to improve plan performance, based on current practices and best practices, and organizational changes that could improve coordination.
62819.
 The agency shall engage in public participation processes, which shall include the following:
(a) Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, including, but not limited to, affordable housing and homelessness advocates, labor representatives, environmental stakeholders, nonprofit developers, neighborhood and community groups, environmental advocates, equity organizations, home builder representatives, and business organizations.
(b) The agency shall require proactive community engagement related to any project or development funded by the agency, in advance of any public meeting or notice of impending action. The agency shall give public notice, through posting on the internet, for the final adoption of the annual funding plan. The board may choose to hold a public meeting to discuss a project or development when appropriate.
(c) A process for enabling members of the public to provide an annual written request to receive agency notices, information, updates, reports, and performance data.
CHAPTER  3. Powers of the San Diego Regional Equitable and Environmentally Friendly Housing Agency
62820.
 In implementing this title, the agency may do all of the following:
(a) Place on the ballot in San Diego County, including all its incorporated cities funding measures, in accordance with applicable constitutional and statutory requirements, to raise and allocate funds to the County of San Diego, the cities in San Diego County, and other public agencies and equitable housing projects within its jurisdiction for purposes of producing and preserving equitable and environmentally friendly housing and supporting rental protection activities.
(b) Apply for and receive grants from federal and state agencies.
(c) Incur and issue indebtedness and assess fees on the purchaser of any debt issuance and agency loan products for reinvestment of those fees and loan repayments in affordable housing production and preservation in accordance with applicable constitutional requirements.
(d) Incur debt, issue bonds, and otherwise incur liabilities or obligations in accordance with Article 3 (commencing with Section 62870) of Chapter 2 of Part 2, and in accordance with applicable constitutional requirements.
(e) Solicit and accept gifts, fees, grants, and other allocations from public and private entities.
(f) Deposit or invest moneys of the agency in banks or financial institutions in the state.
(g) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(h) Engage counsel and other professional services.
(i) Enter into and perform all necessary contracts.
(j) Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).
(k) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties.
(l) Utilize SANDAG staff if agreed upon by SANDAG.
(m) Assemble parcels and lease, purchase, or otherwise acquire land for housing development.
(n) Sell or dispose of land or assets or enter into ground lease agreements, consistent with the agency’s purpose and eligible activities or where a parcel under the agency’s control is deemed to be inappropriate for housing development.
(o) Collect data on housing production and monitor progress on meeting regional and state housing goals.
(p) Provide public information about the agency’s housing programs and policies.
(q) Allocate and deploy capital and generated fees, revenue, or income in the form of grants, loans, equity, interest rate subsidies, credit enhancements, loan guarantees, and other financing tools to San Diego County, cities within San Diego County, public agencies within San Diego County, and to equitable housing projects to support the production and preservation of equitable and environmentally friendly housing, and rental protection programs, in accordance with applicable constitutional and statutory requirements.
(r) Establish and modify the terms of potential capital investments deployed by the agency, including waiving or forgiving interest or principal payments.
(s) Provide support and technical assistance to local governments in relation to producing and preserving equitable housing and providing rental protections.
(t) Provide the public with information about the agency’s housing programs and policies.
(u) Act in compliance with the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1). The agency shall be deemed a “local agency” for purposes of the Marks-Roos Local Bond Pooling Act of 1985.
(v) Any other express or implied powers necessary to carry out the intent and purposes of this title.
62821.
 (a) If the agency or a qualified voter initiative proposes a measure pursuant to subdivision (a) of Section 62820 that will generate revenues, the San Diego County Board of Supervisors shall call a special election on the measure. The special election shall be consolidated with a statewide election and the measure shall be submitted to the voters of San Diego County.
(b) (1) For the purpose of placement of a measure on the ballot, the agency is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the agency or a qualified voter initiative that requires voter approval shall be submitted to the voters of San Diego County, as determined by the agency, in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.
(2) Because the agency has no revenues as of the operative date of this section, the appropriations limit for the agency shall be originally established based on receipts from the initial measure that would generate revenues for the agency pursuant to subdivision (a), and that establishment of an appropriations limit shall not be deemed a change in an appropriations limit for purposes of Section 4 of Article XIII B of the California Constitution.
(c) (1) Notwithstanding Section 10520 of the Elections Code, for any election at which the agency or a qualified voter initiative proposes a measure pursuant to subdivision (a) of Section 62820 that would generate revenues, the agency shall reimburse the County of San Diego for the incremental costs incurred by the county elections official related to submitting the measure to the voters with any eligible funds transferred to the agency.
(2) For purposes of this subdivision, “incremental costs” include all of the following:
(A) The cost to prepare, review, and revise the impartial analysis of the measure.
(B) The cost to prepare a translation of ballot materials into a language other than English by the county.
(C) The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in San Diego County, including both of the following:
(i) The printing and mailing of ballot materials.
(ii) The canvass of the vote regarding the measure pursuant to Division 15 (commencing with Section 15000) of the Elections Code.
(d) Notwithstanding Section 9313 of the Elections Code, the legal counsel for the board shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the board shall be subject to review and revision by the county counsel.
(e) The summary of the annual expenditure plan shall be prepared by the board and include all of the following:
(1) A description of the purpose and goals of the measure.
(2) A description of the categories of eligible expenditures to be funded.
(3) An estimate of the number of equitable and environmentally friendly housing units to be built or preserved by household income category served, and a description of any specific projects planned to be funded.
(4) An estimate of minimum funding levels to be provided to different expenditure categories.
(5) An overview of decisionmaking and oversight provisions applicable to the funds.
(f) The county elections official for San Diego County shall serve as the elections official of the agency for purposes of administering the ballot measure process and any election for the purposes set forth in this chapter. In the alternative, the board, at its discretion, may appoint an elections official to administer any election for the purposes set forth in this chapter. If the board appoints an elections official, the board may authorize that elections official to retain the services of the elections official of San Diego County to administer the ballot measure process and any election, and the elections official of San Diego County shall perform those services.
62822.
 The board and the agency shall not do either of the following:
(a) Regulate or enforce local land use decisions.
(b) Acquire property by eminent domain.
CHAPTER  4. Financial Provisions and Performance Review
62830.
 The board shall provide for regular financial audits of the agency’s accounts and records, and, shall maintain accounting records, and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller. The board shall provide for regular performance and impact audits of the agency’s account and records.
62831.
 The board shall provide for annual financial and performance reports with significant input from the inspector general and the advisory committee. The board shall make copies of the annual financial report and annual performance reports available to the public.

PART 2. Activities of the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency

CHAPTER  1. General Provisions
62850.
 (a) The agency, either directly or through qualified voter initiative, may raise and allocate new regional housing revenue through all of the following funding mechanisms:
(1) Special taxes, subject to voter approval, as provided in Article 1 (commencing with Section 62851) of Chapter 2, as follows:
(A) A parcel tax, as provided in Section 62851.
(B) A gross receipts business license tax, as provided in Section 62852.
(C) A special business tax, as provided in Section 62653.
(D) A special tax on vacant real property, as provided in Section 62854.
(E) A special tax on real property, as provided in Section 62856.
(F) A commercial linkage fee, as provided in Article 2 (commencing with Section 62860) of Chapter 2.
(2) The issuance of bonds, including, but not limited to, general obligation bonds, revenue bonds, mortgage revenue bonds, and private activity bonds as provided in Article 3 (commencing with Section 62870) of Chapter 2, in accordance with applicable constitutional requirements.
(b) One or more local jurisdictions, including the County of San Diego, may either directly or through qualified voter initiative, raise and allocate new regional housing revenue through a documentary transfer tax, as provided in Section 62855.
(c) Except as otherwise provided in this subdivision, all regional housing revenue mechanisms may be applicable to the entirety of, or a portion of, San Diego County.
(1) The portion of the area of the region to which each funding mechanism would apply shall be determined by the board, or by the qualified voter initiative, before the electors vote on the measure. If the portion of the region is determined by the agency, then the agency shall provide written notification to each jurisdiction and tribal nation within the applicable portion. Each jurisdiction and tribal nation may opt out of the revenue measure by submitting a resolution to the agency within 60 days of the notice.
(2) The incorporated area of each city shall be either wholly included within that portion or wholly excluded from that portion.
(3) The entire unincorporated area of the County of San Diego shall either be wholly included within that portion or wholly excluded from that portion. with the exception of tribal nations. Each tribal nation may opt out of a revenue measure, as described in paragraph (1).
(4) For each regional housing revenue mechanism, the portion of the region that the revenue mechanism applies shall match the portion of the region to which funds are eligible to be deployed.
(5) If the revenue mechanism is applicable to a portion of the region, then only the voters within that portion shall vote on the measure.
(d) Notwithstanding subparagraph (c), in the event that one or more local jurisdictions or tribal nations enact housing revenue mechanisms that apply to one or more local jurisdictions or tribal nations, the agency may enter into an agreement to administer such funds on behalf of the local jurisdictions.
CHAPTER  2. Revenue
Article  1. Special Taxes
62851.
 (a) Subject to Section 4 of Article XIII A of the California Constitution, qualified voter initiative, or approval by the board, the agency may impose, by resolution or by ordinance, a parcel tax within San Diego County pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 62821, and any other procedures applicable by law.
(b) For purposes of this section, “parcel tax” means a special tax imposed upon a parcel of real property at a rate that is determined without regard to that property’s assessed value and that applies to all taxpayers or all real property within the jurisdiction of the local government. “Parcel tax” does not include a tax imposed on a particular class of property or taxpayers.
(c) The agency shall provide notice of any parcel tax imposed pursuant to this section in the manner specified in Section 54930.
(d) Thereafter, the tax shall be collected at the same time, and in the same manner, as the ad valorem taxes on real property authorized by Section 1 of Article XIII A of the California Constitution are collected, and shall be subject to the same penalties and interest and to the same procedure for foreclosure and sale in case of delinquency as provided for those taxes. All laws applicable to the levy, collection, and enforcement of the ad valorem taxes on real property authorized by Section 1 of Article XIII A of the California Constitution are hereby made applicable to the taxes imposed under this section.
62852.
 (a) (1) The agency may impose, subject to approval by the board by resolution or by ordinance before the agency takes action to approve the placement of a measure on the ballot, or action of the elections official, including by qualified voter initiative, a special tax, measured by gross receipts, for the privilege of engaging in any kind of lawful business transacted in San Diego County pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 62821, and any other applicable procedures provided by law.
(2) The resolution imposing a special tax pursuant to this subdivision may provide for the following:
(A) Variable rates based on the business sector of each person subject to the tax.
(B) Exemptions for small businesses.
(C) Collection of the tax by suit or otherwise.
(D) Any other details the agency may establish that are within the scope of a charter city’s power.
(b) If the agency levies a special tax pursuant to subdivision (a) upon a business operating both within and outside the agency’s taxing jurisdiction, the agency shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction.
(c) A special tax levied pursuant to subdivision (a) shall not apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyman, Christian Science practitioner, rabbi, or leader of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section.
(d) Taxes levied pursuant to this section shall be collected in the following manner:
(1) The local jurisdiction or the county tax collector shall be responsible for collecting the tax revenue. Local jurisdictions can recover their administrative costs by charging a fee to the agency.
(2) The local jurisdiction or the county shall create policies and procedures necessary to collect tax revenue, including, but not limited to, policies that achieve both of the following:
(A) Ensure adequate enforcement of the taxes levied pursuant to this section.
(B) Provide subjects of a tax with an opportunity to appeal.
62853.
 (a) (1) The agency may impose, either directly or through qualified voter initiative, a special tax measured by the number of employees employed by the taxpayer for the privilege of engaging in any kind of lawful business activity transacted in San Diego County pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 62821, and any other applicable procedures provided by law.
(2) The resolution imposing a special tax pursuant to this subdivision may provide for collection of the tax by suit or otherwise.
(b) If the agency levies a special tax pursuant to subdivision (a) upon a business operating both within and outside the agency’s taxing jurisdiction, the agency shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction.
(c) A special tax levied pursuant to subdivision (a) shall not apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyman, Christian Science practitioner, rabbi, or leader of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section.
(d) Taxes levied pursuant to this section shall be collected consistent with subdivision (d) of Section 65852.
62854.
 (a) Subject to Section 4 of Article XIII A of the California Constitution, the agency may impose, either directly or through qualified voter initiative, a special tax on vacant real property that is vacant for a substantial portion of the calendar year. The tax rate shall not exceed six thousand dollars ($6,000) annually for vacant residential, nonresidential, and undeveloped properties with annual inflation adjustments with the consumer price index.
(b) For the purposes of this section, a parcel of real property shall be deemed “vacant” and subject to the tax imposed if the parcel is not in use for a substantial portion of the calendar year. A property shall not be deemed vacant if it is in use at least 50 days during a calendar year.
(c) The agency, either directly or through qualified voter initiative, may create categorical exemptions that include, but are not limited to, the following:
(1) An owner who qualifies as “very low income,” as that term is defined by the United States Department of Housing and Urban Development.
(2) An owner for whom the payment of the tax imposed would be a financial hardship due to specific factual circumstances.
(3) An owner whose property is vacant as a result of a demonstrable hardship that is unrelated to the owner’s personal finances.
(4) An owner who can demonstrate that exceptional specific circumstances prevent the use or development of the property.
(5) An owner of a property that is under active construction. To qualify for this exemption, an owner must call for inspections of the construction with sufficient frequency to keep the building permit or permits active.
(6) An owner of property for which an active building permit application is being processed by a local jurisdiction.
(7) An owner who is 65 years of age or older and who qualifies as “low income,” as that term is defined by the United States Department of Housing and Urban Development.
(8) An owner who, regardless of age, receives Supplemental Security Income for a disability or Social Security Disability Insurance benefits, and whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.
(9) An owner that is a nonprofit organization or entity owned or controlled by a nonprofit organization.
(10) An owner of a parcel included in a substantially complete application for planning approvals that has not yet received approval. An owner of a parcel for which a project with development entitlements has been approved but needing time for completion may apply for and receive an administrative two-year exemption.
(11) Properties located in environmentally sensitive areas including, but not limited to, open space, parks or preserves, and undevelopable natural areas.
(d) The San Diego County Treasurer-Tax Collector shall establish a methodology for determining and identifying the use and vacancy status of each parcel of real property in the County of San Diego.
(e) The San Diego County Treasurer-Tax Collector shall establish the procedures and guidelines for owners to apply for, and grant, the exemptions identified in this section. Owners who claim an exemption may be required to submit information annually to substantiate their continuing qualification for the exemption.
(f) Revenues collected by the San Diego County Treasurer-Tax Collector shall be remitted to the agency to serve as program revenue.
62855.
 (a) Subject to Section 4 of Article XIII A of the California Constitution, one or more local jurisdictions within the County of San Diego, including the County of San Diego, may impose by resolution or by ordinance before the local jurisdictions take action to approve the placement of a measure on the ballot or by action of the elections official, including by a qualified voter initiative, a special documentary transfer tax pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code provided, however, that the tax shall be in addition to any city or county tax under that section and not subject to the limits provided in Section 11911 of the Revenue and Taxation Code.
(b) A special documentary tax may be applicable to the entirety of, or any portion of, San Diego County.
(1) The portion of the area of the region to which the tax would apply shall be determined by the local jurisdictions, including the County of San Diego, or by the qualified voter initiative, before the electors vote on the measure. If the portion of the region is determined by the County of San Diego, then the county shall provide written notification to each jurisdiction and tribal nation within the applicable portion. Each jurisdiction and tribal nation may opt out of the tax measure by submitting a resolution to the County of San Diego within 60 days of the notice.
(2) The incorporated area of each city shall be either wholly included within that portion or wholly excluded from that portion.
(3) The entire unincorporated area of the County of San Diego shall either be wholly included within that portion or wholly excluded from that portion with the exception of tribal nations, provided, however, that each tribal nation may opt out of a revenue measure as described in paragraph (1) of subdivision (c) of Section 62850.
(4) If the tax is applicable to a portion of the region, then only the voters within that portion shall vote on the measure.
(5) The portion of the region that the tax applies shall match the portion of the region to which funds are eligible to be deployed.
(c) The special documentary transfer tax may be a series of tiered rates that respond to changes in assessed unimproved land between property purchase and sale.
(d) The tax shall be collected by the San Diego County Treasurer-Tax Collector and remitted to the agency.
62856.
 (a) Subject to Section 4 of Article XIII A of the California Constitution, the agency may impose, subject to approval by the board by resolution or ordinance before the agency takes action to approve the placement of a measure on the ballot, including by action of the elections official or a qualified voter initiative, a special parcel tax on a property owner, and related affiliates, that own a rental housing portfolio that exceeds 500 units.
(b) The special tax may have graduated tax rates with incrementally higher rates applying for larger portfolios.
(c) The special tax shall be assessed annually and include exemptions for nonprofit entities and affordable housing operators.
(d) The special tax shall be administered by the San Diego County Treasurer-Tax Collector.
(e) The San Diego County Treasurer-Tax Collector shall establish procedures and guidelines for exemptions for low-income persons, nonprofit entities, and affordable housing operators.
(f) The San Diego County Treasurer-Tax Collector shall remit collected tax funds to the agency to serve as program revenue.
(g) The San Diego County Treasurer-Tax Collector shall establish guidelines and procedures for appeals.
62857.
 All special taxes levied pursuant to this article shall be administered in the following manner:
(a) Taxes collected shall be deposited in a separate fund, which shall be established in the treasury of the county and used only as prescribed by this section.
(b) The county shall transfer moneys pursuant to this chapter from the fund to the agency periodically as promptly as feasible. The transmittals shall be made at least twice in each calendar quarter.
Article  2. Commercial Linkage Fee
62860.
 As used in this article:
(a) “Commercial development project” means any project involving the issuance of a permit by an underlying land use jurisdiction for construction, not including remodeling of an existing property, that is undertaken within San Diego County for the development of land for commercial use, but does not include any project involving solely a permit to operate.
(b) “Commercial linkage fee” means a monetary exaction, other than a tax or special assessment, established for a broad class of projects by legislation of general applicability that is charged to an applicant in connection with the approval of a commercial development project by an underlying land use jurisdiction to address the need for additional housing development necessitated by that commercial development project, as determined pursuant to the nexus study undertaken pursuant to subdivision (b) of Section 62861.
(c) “Underlying land use jurisdiction” means any of the following entities, as applicable, that has jurisdiction over the approval of a commercial development project:
(1) The County of San Diego.
(2) Incorporated cities located within the territorial boundaries of the County of San Diego, including all of the following and any city incorporated after the effective date of this section:
(A) The City of Carlsbad.
(B) The City of Chula Vista.
(C) The City of Coronado.
(D) The City of Del Mar.
(E) The City of El Cajon.
(F) The City of Encinitas.
(G) The City of Escondido.
(H) The City of Imperial Beach.
(I) The City of La Mesa.
(J) The City of Lemon Grove.
(K) The City of National City.
(L) The City of Oceanside.
(M) The City of Poway.
(N) The City of San Diego.
(O) The City of San Marcos.
(P) The City of Santee.
(Q) The City of Solana Beach.
(R) The City of Vista.
62861.
 (a) (1) The board may establish, increase, or impose a commercial linkage fee, in an amount not to exceed ten dollars ($10) per square foot, within San Diego County by enactment of a resolution, in accordance with the requirements of this article, that is in addition to any fee, as defined in Section 66000, that is levied by an underlying land use jurisdiction.
(2) The fee shall be adjusted on July 1 of each year, in accordance with the California Construction Cost Index. The annual adjustment may increase the fee to be greater than the ten-dollar ($10) maximum imposed by paragraph (1).
(3) (A) The board may establish, increase, or impose a commercial linkage fee pursuant to this article by a resolution that provides for a fee assessed on commercial development projects within San Diego County.
(B) A resolution establishing or revising the fee shall provide that the amount of the fee required to be paid shall be reduced by the amount that the applicant is required to pay, if any, for a commercial linkage fee for affordable housing imposed by the relevant underlying land use jurisdiction.
(4) The board shall not establish a commercial linkage fee pursuant to paragraph (1) until the voters approve a parcel tax pursuant to Section 62851 or a general obligation bond pursuant to Section 62871.
(b) Before establishing, increasing, or imposing a commercial linkage fee, the board shall prepare a regional jobs and housing nexus study in order to support the necessity and amount of the fee. The study, or separate study conducted before the establishment of a commercial linkage fee, shall examine the factors listed in paragraph (5) of subdivision (d), may consider other potential consequences, and shall take into consideration the potential impact of the fee on the creation of high-paying jobs for people without four-year degrees.
(c) Expenditures of proceeds from a commercial linkage fee shall be limited to affordable housing production, preservation, and tenant protection, as described in Section 62880.
(d) In any action to establish, increase, or impose a commercial linkage fee, the board shall do all of the following:
(1) Identify the purpose of the commercial linkage fee.
(2) Determine how there is a reasonable relationship between the fee’s use and the type of commercial development project on which the fee is imposed, based on the regional nexus study prepared pursuant to subdivision (b).
(3) Determine how there is a reasonable relationship between the need for housing and the type of commercial development project on which the fee is imposed, based on the regional nexus study prepared pursuant to subdivision (b).
(4) Determine how there is a reasonable relationship between the amount of the fee and the cost of the housing necessitated by the commercial development project that is attributable to the development on which the fee is imposed, based on the regional nexus study prepared pursuant to subdivision (b).
(5) (A) Adopt findings that, based upon the board’s analysis and the regional nexus study, the commercial linkage fee:
(i) Would concentrate jobs near transit.
(ii) Would not reduce commercial development and space for jobs, particularly in economically disadvantaged areas.
(iii) Would not exacerbate intraregional job-to-housing imbalances.
(iv) Would not disincentivize mixed-use development.
(B) The board shall provide analysis to support the findings and consider other potential consequences of the fee.
(e) The board and the agency shall suspend the imposition of a commercial linkage fee after two consecutive quarters of negative gross domestic product growth within San Diego County. The fee may be reinstated after two consecutive quarters of positive gross domestic product growth within San Diego County. The board may reinstate the fee by resolution that states the condition in the previous sentence is met but shall not be subject to subdivisions (b), (c), or (d) of this section.
62862.
 (a) A commercial linkage fee established, increased, or imposed pursuant to this article shall not exceed the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed, as determined in the regional nexus study pursuant to subdivision (b) of Section 62861.
(b) It is the intent of the Legislature in adding this section to codify existing constitutional and decisional law with respect to the imposition of development fees and monetary exactions on developments by local agencies. This section is declaratory of existing law and shall not be construed or interpreted as creating new law or as modifying or changing existing law.
62863.
 (a) Before adopting a resolution imposing a new commercial linkage fee or approving an increase in an existing commercial linkage fee pursuant to this article, the board shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. The board shall publish a notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a.
(b) Any costs incurred by the board in conducting the hearing required pursuant to subdivision (a) may be recovered as part of the commercial linkage fee that is the subject of the hearing.
62864.
 (a) Except as otherwise provided in subdivision (c), if the board adopts a resolution or other legislative enactment imposing a new commercial linkage fee or approving an increase in an existing commercial linkage fee and the board adopts a resolution concurring with the establishment, imposition, or increase of the fee consistent with subdivision (a) of Section 62861, each underlying land use jurisdiction shall, as a condition of approving a commercial development project for which it receives an application for a conditional use permit or other discretionary or ministerial approval, require an applicant to pay the amount of commercial linkage fee established, imposed, or increased by the board pursuant to this article. The underlying land use jurisdiction shall provide notice to the applicant that does all of the following:
(1) Notifies the applicant that the board has established, increased, or imposed a commercial linkage fee pursuant to this article.
(2) States the amount of commercial linkage fee established, increased, or imposed by the board.
(3) States that the applicant may protest the commercial linkage fee, as provided in Section 62865, and notifies the applicant that the 90-day period for that protest and the 180-day period for filing an action specified in subdivision (c) of Section 62865 has begun.
(b) Each underlying land use jurisdiction shall collect and, after deduction of any actual and necessary administrative costs incurred by the underlying land use jurisdiction, remit the amount of commercial linkage fee established, increased, or imposed pursuant to this article to the agency. An underlying land use jurisdiction shall remit the amounts required by this subdivision on or before the last day of the month next succeeding each calendar quarterly period.
(c) If any amount of commercial linkage fee increased, or imposed pursuant to this article is found by a final, nonappealable judgment to be invalid pursuant to Section 62865, each underlying land use jurisdiction shall immediately cease collection of the commercial linkage fee.
62865.
 (a) Any party may protest the imposition of a commercial linkage fee imposed on a commercial development project by the agency pursuant to this article as follows:
(1) The party shall pay the total amount of commercial linkage fee required by the resolution enacted pursuant to Section 62861, or post security satisfactory to the agency to ensure payment.
(2) Serving a written notice on the board and the legislative body of the relevant underlying land use jurisdiction that contains all of the following information:
(A) A statement that the required payment is tendered or will be tendered when due under protest.
(B) A statement informing the board and legislative body of the underlying land use jurisdiction of the factual elements of the dispute and each legal theory forming the basis for the protest.
(b) Compliance by any party with subdivision (a) shall not be the basis for an underlying land use jurisdiction to withhold approval of any map, plan, permit, zone change, license, or other entitlement, whether discretionary or ministerial, incident to, or necessary for, the commercial development project. This section does not limit the authority of an underlying land use jurisdiction to ensure compliance with all applicable provisions of law in determining whether to approve or disapprove entitlements for a commercial development project.
(c) (1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the commercial development project or within 90 days after the date of the imposition of the commercial linkage fee to be imposed on a commercial development project.
(2) Any party who files a protest pursuant to subdivision (a) may file an action to attack, review, set aside, void, or annul the imposition of the commercial linkage fee on a commercial development project within 60 days after the delivery of the notice required by subdivision (a) of Section 62864. Thereafter, notwithstanding any other law, all persons shall be barred from any action or proceeding or any defense of invalidity or unreasonableness of the imposition. Any proceeding brought pursuant to this subdivision shall be brought pursuant to Section 863 of the Code of Civil Procedure and shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain, forcible entry, and unlawful detainer proceedings.
(d) (1) If the court grants a judgment to a plaintiff invalidating, as enacted, all or a portion a resolution establishing, increasing, or imposing a commercial linkage fee, the court shall direct the agency to refund the unlawful portion of the payment, plus interest at an annual rate equal to the average rate accrued by the Pooled Money Investment Account during the time elapsed since the payment occurred, or to return the unlawful portion of the exaction imposed.
(2) If an action is filed within 120 days of the date at which a resolution to establish or modify a commercial linkage fee to be imposed on a commercial development project takes effect, the portion of the payment or exaction invalidated shall also be returned to any other person who, under protest pursuant to this section and under that invalid portion of that same resolution as enacted, tendered the payment or posted security satisfactory to the agency to ensure payment, or provided for or satisfied the exaction during the period from 90 days before the date of the filing of the action which invalidates the payment or exaction to the date of the entry of the judgment referenced in paragraph (1).
(e) The imposition of a commercial linkage fee occurs, for the purposes of this section, when it is imposed or levied on a specific commercial development project.
62866.
 (a) In any judicial action or proceeding to validate, attack, review, set aside, void, or annul any resolution providing for the increase or imposition of a commercial linkage fee pursuant to this article in which it is alleged that the fee is a special tax within the meaning of Section 50076, the board and the agency shall have the burden of producing evidence to establish that the commercial linkage fee does not exceed the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed, as determined in the regional nexus study pursuant to subdivision (b) of Section 62861.
(b) A party may initiate an action or proceeding pursuant to subdivision (a) only if both of the following requirements are met:
(1) The commercial linkage fee was imposed on the party as a condition of project approval, as provided in Section 62864.
(2) At least 30 days before initiating the action or proceeding, the party requests that the board and the agency provide a copy of the documents, including, but not limited to, the regional nexus study prepared pursuant to subdivision (b) of Section 62861, that establish that the commercial linkage fee does not exceed the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed. In accordance with subdivision (b) of Section 6253, the board and the agency may charge a fee for copying the documents requested pursuant to this paragraph.
(c) For purposes of this section, the reasonable costs of providing the housing shall be determined in accordance with fundamental fairness and consistency of method as to the allocation of costs, expenses, revenues, and other items included in that calculation.
62867.
 (a) Any person may request an audit in order to determine whether any fee or charge levied by the board exceeds the amount necessary to cover the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed, as determined in the regional nexus study pursuant to subdivision (b) of Section 62861. If a person makes that request, the board and the agency may retain an independent auditor to conduct an audit to determine whether the commercial linkage fee is reasonable, but is not required to conduct the audit if an audit has been performed for the same fee within the previous 12 months.
(b) If an audit pursuant to this section determines that the amount of any commercial linkage fee or charge does not meet the requirements of this article, the board shall adjust the fee accordingly.
(c) The agency shall retain an independent auditor to conduct an audit only if the person who requests the audit deposits with the agency the amount of the board’s reasonable estimate of the cost of the independent audit. At the conclusion of the audit, the agency shall reimburse unused sums, if any, or the requesting person shall pay the agency the excess of the actual cost of the audit over the sum which was deposited.
(d) Any audit conducted by an independent auditor pursuant to this section shall conform to generally accepted auditing standards.
62868.
 Any action by the board or interested person under this article shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
Article  3. Bonds
62870.
 The board may, by majority vote, initiate proceedings to issue general obligation bonds pursuant to this chapter by adopting a resolution or ordinance stating its intent to issue the bonds.
62871.
 (a) The agency, with approval of two-thirds of the voters, may levy ad valorem property taxes to secure debt pursuant to paragraph (2) of subdivision (b) of Section 1 of Article XIII A of the California Constitution.
(b) For purposes of incurring bonded indebtedness pursuant to this subdivision, the agency shall comply with the requirements of Chapter 3 (commencing with Section 53400) of Part 1 of Division 2 of Title 5.
62872.
 (a) (1) For purposes of this section, “agency revenues” includes, without limitation, revenues generated by any special tax, fee, or charge imposed by the agency, other than ad valorem property taxes.
(2) The agency may issue revenue bonds, payable from agency revenues, in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5), for the purposes set forth in this title and in any resolution adopted by the board, or measure adopted by voters, in connection with the generation of agency revenues or imposition of those special taxes, fees, or other charges. For purposes of issuing revenue bonds pursuant to this section, the special taxes, fees, or other charges described in the previous sentence shall constitute an “enterprise” within the meaning of Section 54309.
(3) To exercise the powers described in this section, the agency shall ensure that any annual expenditure plan summary prepared pursuant to Section 62821 related to voter approval of a special tax under this title notifies the voters that proceeds from the special tax may be used as payment for revenue bonds.
(4) For purposes of this section, the agency shall be deemed to be a local agency within the meaning of Section 54307. Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 does not apply to the issuance and sale of bonds pursuant to this section. Instead, the agency shall authorize the issuance of bonds by resolution at any time, and from time to time, which shall specify all of the following:
(A) The purposes for which the bonds are to be issued.
(B) The maximum principal amount of the bonds.
(C) The maximum term for the bonds.
(D) (i) The maximum rate of interest to be payable upon the bonds, which shall not exceed the maximum rate permitted for bonds of the agency by Section 53531 or any other applicable provisions of law.
(ii) In the case of bonds bearing a variable interest rate, the variable rate shall not, on any day, exceed the maximum rate permitted for bonds of the agency by Section 53531 or any other applicable provisions of law. However, the variable interest rate may, on any day, exceed that maximum rate in clause (i), if the interest paid on the bonds from their date of original issuance to that day does not exceed the total interest that would have been permitted if the bonds had borne interest at all times from the date of issuance to that day at the maximum rate permitted from time to time by Section 53531 or any other applicable provisions of law.
(E) The maximum original issue premium or discount on the sale of the bonds.
(F) The denomination or denominations of the revenue bonds, which shall not be less than five thousand dollars ($5,000).
(b) The resolution may also contain any other matters authorized by this chapter or any other law.
(c) The revenue bonds may be sold at public or private sale or on a negotiated sale basis and at the prices, above or below par, as determined by the board.
(d) The revenue bonds, or each series thereof, shall be dated and numbered consecutively and shall be signed by the executive director of the agency, whose signature may be printed, lithographed, or mechanically reproduced. If any officer whose signature appears on the revenue bonds ceases to be that officer before the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office.
(e) This section provides a complete, additional, and alternative method for the issuance of revenue bonds by the agency. An issuance does not need to comply with the procedures specified elsewhere in this article or other laws, but shall, if bonds are issued pursuant to this article, be issued in accordance with this article.
(f) Revenue bond proceeds shall be used to support capital projects and not other agency activities or operating expenses.
62872.5.
 The agency may issue mortgage revenue bonds pursuant to Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code, and other applicable law.
62872.7.
 The agency may issue private activity bonds pursuant to the Tax Reform Act of 1986 (Public Law 99-514) and Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009, as it read prior to repeal (26 U.S.C. Secs. 54a and 1400U-1).
62873.
 (a) The agency or any person executing the bonds issued pursuant to this title shall not be personally liable on the bonds by reason of their issuance.
(b) The bonds and other obligations of the agency are not a debt of any city or San Diego County, or any of its affiliated entities, or of the state or of any of its political subdivisions, other than the agency, and neither a city or county nor the state or any of its political subdivisions, other than the agency, shall be liable on the bonds, and the bonds or obligations shall be payable exclusively from funds or properties of the agency, as specified in the applicable bond or other debt instrument. Bonds issued pursuant to this title shall contain a statement to this effect on their face.
(c) If the signature of any member of the agency or staff member of the agency appears on bonds issued pursuant to this title, and that individual ceases to be a member of the agency or staff member of the agency before delivery of the bonds, that member’s signature shall be as effective as if the member had remained in office.
62874.
 (a) Every two years after the issuance of bonds pursuant to this section, the agency shall contract for an independent financial and performance audit. The audit shall be conducted according to guidelines established by the Controller. A copy of the completed audit shall be provided to the Controller, the Director of Finance, and the Joint Legislative Budget Committee.
(b) Upon the request of the Governor or the Legislature, the Bureau of State Audits may conduct a financial and performance audit of the agency. The results of any audit shall be provided to the board, the Controller, the Director of Finance, and the Joint Legislative Budget Committee.
62875.
 Bonds issued pursuant to this article are fully negotiable.
62876.
 Any action to determine the validity of any tax, fee, or other charge provided for in, or the validity of bonds issued pursuant to, this title, or any of the proceedings, contracts, agreements, or other arrangements or matters entered into, shall be commenced within 60 days from date of the election or the adoption of the resolution approving those matters, as applicable, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. After that date, the adoption of that tax, fee, or other charge, the issuance of the bonds, and all proceedings in relation thereto, shall be held valid and incontestable in every respect.
CHAPTER  3. Expenditures
62880.
 (a) (1) Revenue generated pursuant to this part shall be used to support the construction and preservation of equitable and environmentally friendly housing, rental protection programs, planning, and technical assistance related to equitable housing, and for other purposes, as provided for in this section.
(2) Funding that is derived from a bond issued pursuant to Section 62871 shall be expended solely to purchase or improve real property, consistent with paragraph (2) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution.
(3) The agency shall distribute the revenues derived from a commercial linkage fee established, increased, or imposed pursuant to Article 2 (commencing with Section 62860) of Chapter 2 to eligible jurisdictions in a manner that is consistent with the regional nexus study adopted by the board. An eligible jurisdiction that receives revenues pursuant to this paragraph shall use that revenue solely for equitable and environmentally friendly housing necessitated by a commercial development project on which the fee was imposed, as determined by the board pursuant to Section 62861.
(b) For purposes of this section:
(1) “Regional housing revenues” are those revenues generated pursuant to Chapter 2 (commencing with Section 62851). For each regional housing revenue mechanism, the portion of the region that the mechanism applies shall match the portion of the region to which funds are eligible to be deployed. In the event that one or more local jurisdictions enact housing revenue mechanisms that apply to one or more local jurisdictions, the agency may enter into an agreement to administer the funding on behalf of the local jurisdictions.
(2) “Eligible jurisdiction” means the following jurisdictions:
(A) The County of San Diego.
(B) The City of Carlsbad.
(C) The City of Chula Vista.
(D) The City of Coronado.
(E) The City of Del Mar.
(F) The City of El Cajon.
(G) The City of Encinitas.
(H) The City of Escondido.
(I) The City of Imperial Beach.
(J) The City of La Mesa.
(K) The City of Lemon Grove.
(L) The City of National City.
(M) The City of Oceanside.
(N) The City of Poway.
(O) The City of San Diego.
(P) The City of San Marcos.
(Q) The City of Santee.
(R) The City of Solana Beach.
(S) The City of Vista.
(T) Any city incorporated within San Diego County after the effective date of this title.
(c) Subject to subdivision (e), regional housing revenue shall be allocated pursuant to the following:
(1) Fifty percent of annual funding shall be administered by the agency at the regional level to support programs and projects consistent with the guiding principles of the agency and the equitable and environmentally friendly program parameters set forth in subdivision (d). Excluding any bond indebtedness, the following categories of eligible uses shall apply to these funds:
(A) A maximum of 10 percent shall be used for the agency administrative and operations expenses.
(B) A minimum of 5 percent shall be used for technical assistance to local jurisdictions, research and policy development, and data collection and analysis. Such uses may include, but are not limited to, the following:
(i) Providing technical assistance grants and support to local jurisdictions in planning, housing policy development, land use and zoning policies that align with transit-oriented development, and inclusionary housing policies.
(ii) Researching innovative best-practices to accelerate the production of equity and environmentally friendly housing, and developing reports, briefs, and presentations to disseminate such information among local jurisdictions.
(iii) Drafting model ordinances that may be adopted by any jurisdiction in San Diego County.
(iv) Collecting and tracking information related to housing costs, displacement and displacement risk, rents, and evictions in the region.
(v) Maintaining a list of consultants who shall be available to provide technical assistance, research, and policy development to local jurisdictions consistent with this subparagraph.
(C) A minimum of 40 percent shall be used for equitable housing production.
(D) A minimum of 10 percent shall be used for equitable housing preservation.
(E) A minimum of 15 percent shall be used to support strategic priorities and innovation as identified in the annual expenditure plan.
(F) A minimum of 5 percent shall be used to support rental and tenant protection programs for lower income households. Such uses may include, but are not limited to, legal services for tenants and landlords facing evictions or preevictions, renter and landlord education, coordinated eviction prevention systems, eviction data analysis, programs to improve housing quality and habitability, and rental assistance programs that support low- and moderate-income tenants with rental arrears at risk of eviction, including emergency rental assistance payments paid directly to landlords.
(G) Notwithstanding subparagraphs (A) to (F), inclusive, a minimum of 10 percent and a maximum of 35 percent of regional funds shall be used to support first-time home buyer programs and opportunities for households at or below 135 percent of the area median income. All first-time home buyer projects shall achieve an income average across the project of not more than 120 percent of the area median income.
(2) Fifty percent of annual funding shall be allocated by the agency to local jurisdictions to be administered at the full discretion of the local jurisdiction consistent with the program parameters set forth in subdivision (d). The board shall not create policy guidelines, preferences, or additional program parameters, beyond those set forth in subdivision (d) that would impact the full discretion of local jurisdictions to administer the local funds. The allocation shall be based on each local jurisdiction’s share of very low income, low-income, and moderate-income units as a percentage of the overall regional target for very low income, low-income, and moderate-income units, as determined in the most recent regional housing needs assessment. The board shall not cause the allocation formula to be changed. A local jurisdiction may request the agency to administer all or a portion of its allocated fund. If the agency agrees to administer the funds, it shall develop and adopt an annual expenditure plan applicable to that portion of the funds that shall be approved by the board, in consultation with the local jurisdiction. Excluding any bond indebtedness, the following categories of eligible uses shall apply to these funds:
(A) A maximum of 10 percent shall be used for the local jurisdiction administrative and operations expenses, or agency administrative and operations expenses if the agency agrees to administer a local jurisdictions’ allocated funds.
(B) A minimum of 50 percent shall be used for equitable housing production.
(C) A minimum of 10 percent shall be used for equitable housing preservation.
(D) A maximum of 5 percent shall be used to support rental and tenant protection programs for lower income households. Such uses may include, but are not limited to, legal services for tenants and landlords facing evictions or preevictions, renter and landlord education, coordinated eviction prevention systems, eviction data analysis, programs to improve housing quality and habitability, and rental assistance programs that support low- and moderate-income tenants with rental arrears at risk of eviction, including emergency rental assistance payments paid directly to landlords.
(E) Notwithstanding subparagraphs (A) to (D), inclusive, a minimum of 10 percent and a maximum of 35 percent of local jurisdictions funds shall be used to support first-time home buyer programs and opportunities for households at or below 135 percent of the area median income.
(d) Except as provided in paragraph (6), all funds dedicated to equitable housing production and preservation under subdivision (c), regardless of their administration by the agency or by local jurisdictions, shall be subject to program parameters established pursuant to this subdivision. The agency shall develop project eligibility and prioritization criteria based on the following parameters:
(1) Funds shall be reserved consistent with the following requirements:
(A) Between 20 to 45 percent of funds shall be reserved for households earning between 0 and 50 percent of the area median income.
(B) Between 20 to 40 percent of funds shall be reserved for households earning between 50 and 80 percent of the area median income.
(C) Between 20 to 40 percent of funds shall be reserved for moderate income households, defined as a household earning 80 to 135 percent of the area median income, provided that all first-time home buyer projects shall achieve an income average across the project not to exceed 120 percent of the area median income.
(D) Ten percent to 35 percent of funds shall be reserved for first-time home ownership, as specified in subparagraph (G) of paragraph (1) of subdivision (c) and subparagraph (E) of paragraph (2) of subdivision (c). The funds described in this subparagraph shall be used for first-time home buyer programs and opportunities for households at or below 135 percent of the area median income, inclusive of all funds administered by the agency and by local jurisdictions. These programs can include, but are not limited to, development subsidies to assist in the production of home ownership units dedicated to first-time home buyers, downpayment assistance, closing cost assistance, credit enhancement, credit counseling and repair programs, community land trusts, and shared appreciation mortgage products. All first-time home buyer projects shall achieve an income average across the project not to exceed 120 percent of the area median income.
(E)  One hundred percent of funds shall be reserved for households that earn less than 135 percent of the area median income.
(F) The criteria shall prioritize projects that comply with the following:
(i) Projects that have secured, or are actively seeking, state or federal sources of project subsidy, including, but not limited to, tax-exempt bonds and low-income housing tax credits.
(ii) Mixed-income projects that incorporate multiple income tiers, including, but not limited to, very low income, low-income, and moderate-income households.
(iii) Projects that facilitate development on public land identified for equitable housing production.
(2) Eligible projects shall comply with all of the following:
(A) Eligible projects shall satisfy sustainability criteria, as determined by the agency, which shall include one or both of the following criteria:
(i) Be located in a regionally or locally defined priority area for smart growth consistent with the most recent sustainable communities strategy.
(ii) Have a vehicle miles travels per capita that is 15 percent or more below the existing regional average.
(B) For new construction projects, eligible projects shall include onsite renewable generation estimated to produce 50 percent or more of annual electricity use.
(C) For rehabilitation projects, eligible projects shall document at least a 10-percent postrehabilitation improvement over existing conditions energy efficiency.
(D) Eligible projects shall utilize southern California native plant and tree species that require low-water use in sufficient quantities based on landscaping practices in the general market area and low maintenance needs.
(3) The agency shall create additional prioritization criteria that includes, but are not limited to, the following:
(A) The project site is located within one-third mile of existing or planned major transit stops, as defined in Section 21064.3 of the Public Resources Code.
(B) The project site is located within one-half mile of a public park or a community center accessible to the general public.
(C) The project site is within one-half mile of a grocery store or supermarket with a gross interior area of at least 8,000 square feet where staples, fresh meat, and fresh produce are sold. Alternately, the project site may be located within one-half mile of a weekly farmers’ market on the list of certified farmers’ markets maintained by the Department of Food and Agriculture and operating at least five months in a calendar year.
(D) The project site is within one-half mile of a commercial corridor with a mix of uses and access to shops, amenities, and neighborhood-serving retail, and services. Services must be appropriate to meet the needs of the community served, including, but not limited to, childcare, grocery stores, pharmacies, educational services, and health care services.
(E) The project is located within one-quarter mile of a public elementary school, one-half mile of a public middle school, or one mile of a public high school.
(F) Mixed-use developments located one-third of a mile from an existing or planned major transit stop, as defined in Section 21064.3 of the Public Resources Code, that contains onsite amenities or neighborhood-serving retail and services. This may include commercial and community facility uses that provide services designed to improve the quality of life for residents and community members. Services should be appropriate to meet the needs of the community served, including, but not limited to, childcare, grocery stores, pharmacies, educational services, and health care services.
(G) The project utilizes all electric appliances, with exemptions for cooking appliances.
(H) The project provides inclusive and accessible design features, including, but not limited to, interior and exterior accessible routes, zero-step entry, bathroom wall reinforcements, accessible electrical controls, and receptacles.
(4) Funds utilized for housing production and preservation shall be expended to support housing with all-electric appliances in alignment with the deadlines identified in the State Air Resources Board 2022 Scoping Plan. One hundred percent of funds shall support housing with all-electric appliances, with exemptions for cooking appliances, no later than 2029.
(5) Funds shall be expended consistent with the following:
(A) Funding for equitable housing production may be used for land acquisition, housing acquisition, financing, and ownership programs, including the agency serving as a single source of financing, as appropriate.
(B) Funding for equitable housing preservation may be used to acquire, rehabilitate, place affordability restrictions on, and preserve existing housing units, housing from the private market, and units in residential hotels as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code for affordability, in order to prevent the loss of affordability and expand permanent affordability. Funding provided pursuant to this subparagraph shall be subject to all of the following conditions:
(i) Existing residents of buildings acquired for the purpose of affordable housing preservation shall not be permanently displaced, even if the resident’s household income exceeds the moderate-income limits described in Section 50093 of the Health and Safety Code.
(ii) Buildings acquired for the purpose of affordable housing preservation shall achieve 100 percent occupancy by extremely low or very low income households over time through unit turnover.
(iii) Grants, loans, or other financing provided to community land trusts and other similarly structured nonprofit entities to acquire, rehabilitate, and preserve existing housing units are an eligible use pursuant to this subparagraph.
(iv) Programs to enable low- or moderate-income households to become or remain homeowners, including, but not limited to, below market rate ownership programs, down payment assistance programs, residential rehabilitation loan programs, and grants or loans to assist in the rehabilitation or replacement of existing mobilehomes located in a mobilehome or manufactured home community.
(v) Funding shall be subject to the following conditions in the event that demolition or rehabilitation of housing units is required:
(I) (ia) Any funded development or affordable housing grant on any property that includes a parcel or parcels that currently have residential uses, or within the five years preceding the grant have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy.
(ib) Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915, provided that any dwelling unit that is or was, within the five-year period preceding the grant, subject to a form of rent or price control through a local government’s valid exercise of its police power and that is or was occupied by persons or families above lower income shall be replaced with units made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families.
(II) If existing residents are required to be relocated due to demolition or rehabilitation needs, the developer is required to provide relocation benefits to the occupants of those housing rental units subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. The developer shall comply with either the local government requirements for relocation assistance to displaced households or the policy set by the agency for relocation assistance to displaced households, whichever provides a greater benefit to the relocated or displaced households.
(III) If existing occupants that are lower income households are required to vacate their units due to demolition or rehabilitation needs, the developer shall provide a right of first refusal for a comparable unit available in the new or rehabilitated housing development that is affordable to the household at an affordable rent, as defined in Section 50053 of the Health and Safety Code, or an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code.
(6) Paragraphs (2) through (5) shall not apply to the Strategic Priorities and Innovation funds described in subparagraph (E) of paragraph (1) of subdivision (c).
(e) No earlier than five years after approval of a funding measure under Chapter 2 (commencing with Section 62851) and subject to consultation with the advisory committee, the board may change any of the minimum requirements in subdivision (c) if the board adopts a finding that the region’s needs in a given category differ from those requirements. The board is required to approve the finding by a two-thirds vote. Approval of the finding shall be subject to the public participation requirements provided in Section 62819.
(f) (1) The board shall, in consultation with the advisory committee, adopt an annual expenditure plan for the use of housing revenue by July 1 of each year, except the board shall select the deadline to adopt the first annual expenditure plan. The regional expenditure plan may cover multiple years, as determined by the board.
(2) The annual expenditure plan shall set forth the share of revenue and estimated funding amount to be spent on each of the categories established in subdivision (b), indicate the household income levels to be served within each category of expenditures, and estimate the number of affordable housing units to be built or preserved and the number of tenants to be protected. To the extent feasible, the regional expenditure plan shall include a description of any specific project or program proposed to receive funding, including the location, amount of funding, and anticipated outcomes.
(3) The annual expenditure plan shall include the following information for any specific project that has received an allocation of regional housing revenue during the prior year:
(A) Whether the project proponent has requested a building permit for the project, and if so, the date when it was requested.
(B) Whether the project proponent is eligible to request a building permit for the project, and if so, the date when it became eligible.
(C) Whether the project proponent has obtained final approval or certification that the housing development is habitable, such as a certificate of occupancy, and if so, the date when it was obtained.
(4) Once committed to a specific project, funds shall remain available for expenditure for an additional five years, unless an extension is authorized pursuant to paragraph (5).
(5) If the funds have not been expended within five years of receipt as required in paragraph (4), the project sponsor shall show that it has made adequate progress towards completing the project. If the board finds adequate progress has been made, the board shall authorize an additional 24 months to grant entitlements to the remainder of the project. If the board does not find that the project sponsor has made adequate progress, the funds shall be transferred to the agency. The agency shall hold the funds until the project sponsor submits a plan satisfactory to the agency to move forward with the project or allocate funds to another qualified project consistent with the annual expenditure plan.
(6) For purposes of this subdivision, “adequate progress” means the project has received the land use approvals or entitlements necessary for at least 75 percent of the project’s units.
62881.
 (a) In order to remain eligible for direct allocations, local jurisdiction shall meet the following conditions:
(1) The jurisdiction agrees to adopt and adhere to agency financing policies and guidelines, including public engagement and notice provisions outlined in this title.
(2) All funded projects are in compliance with the agency’s eligible uses and affordability requirements.
(3) The jurisdiction agrees to allocate its funding within 12 months through administrative processes without being subject to additional legislative process.
(4) The jurisdiction is in compliance with Affirmatively Furthering Fair Housing in California guidelines.
(b) If a local jurisdiction is found to be out of compliance with affordability targets at the end of a three-year period, the board may take any of the following actions:
(1) Limit the funding for the jurisdiction to extremely low and very low income housing units only until compliance is reestablished.
(2) Require the funding allocated to the jurisdiction to be administered by the agency instead of the jurisdiction.
(3) Increase funding incentives as needed to meet project and programmatic targets.
62882.
 The board shall monitor expenditures in coordination with local jurisdictions. At least once every five years, the monitoring shall include a review of revenues allocated to cities and the county. The board may adopt guidelines applicable to those funds as deemed necessary to ensure they are spent in a timely manner consistent with the goals of this chapter.
62883.
 To ensure oversight and accountability, the agency shall prepare and submit a performance audit report to the Legislature every other year, in conformance with Sections 9795 and 53411 on allocations, expenditures, and performance outcomes pursuant to Section 62880. The report shall include a description of projects funded and their status, the households served by income level, and the extent to which performance metrics meet or exceed operational benchmarks and the minimum targets in Section 62880 were achieved.
CHAPTER  4. Labor Standards
62890.
 A development project funded by the agency pursuant to this title shall meet all of the following labor standards:
(a) The development proponent shall require in contracts with construction contractors, and shall certify to the agency, that the standards specified in this section will be met in project construction.
(b) A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and funded by the agency pursuant to this title shall be subject to all of the following:
(1) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(2) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.
(3) All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
(A) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(B) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subparagraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(c) (1) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this section may be enforced by any of the following:
(A) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development.
(B) An underpaid worker through an administrative complaint or civil action.
(C) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(2) If a civil wage and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(3) This subdivision does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subdivision, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(d) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of the development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(e) The requirement of this section to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
62891.
 (a) The agency shall not place a measure on the ballot to raise revenue for the agency unless the agency has entered into a countywide project labor agreement with the San Diego County Building and Construction Trades Council that will cover all construction and rehabilitation work to be funded or financed by the ballot measure. As a condition of receiving funding or financing from the ballot measure, the recipient must become a party to the countywide project labor agreement. The agency shall not undertake, fund, or finance other projects that involve construction or rehabilitation work unless the agency has entered into a project labor agreement with the San Diego County Building and Construction Trades Council that will cover those projects. As a condition of receiving funding or financing from the agency, the recipient must become a party to that project labor agreement.
(b) For purposes of this section, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(c) This chapter shall not apply to new construction or preservation projects in which the project contains four units or fewer. This exemption specifically includes, but is not limited to, single-family homeowner properties and accessory dwelling units if the project includes four units or fewer.
SEC. 2.
 The Legislature finds and declares that 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 uniquely severe shortage of available funding and resources for the development and preservation of affordable housing and the particularly acute nature of the housing crisis within San Diego County.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.