Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-371 Housing programs: tribal housing program. (2023-2024)



As Amends the Law Today


SECTION 1.

 Section 50406 of the Health and Safety Code is amended to read:

50406.
 For the purposes of this division, the department has all of the following powers:
(a) To sue and be sued in its own name.
(b) To have an official seal and to alter it at pleasure.
(c) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions.
(d) To employ architects, planners, engineers, attorneys, accountants, experts in housing construction, management and finance, and any other advisers, consultants, and agents necessary for the performance of its functions and to fix their compensation in accordance with applicable law.
(e) To provide advice, technical information, and consultative and technical services as provided in this division.
(f) To establish, revise from time to time, and charge and collect fees and charges for services provided pursuant to this division.
(g) To accept gifts, grants, or loans of funds or property, or financial or other aid, from any federal or state agency or private source and to comply with conditions thereof not contrary to law.
(h) To enter into agreements or other transactions with any governmental agency, including an agreement for administration of a housing or community development program of the governmental agency by the department, or for administration by another governmental agency of a program of the department, either in whole or in part.
(i) To enter into any agreements and perform any acts necessary to obtain subsidies for use in connection with the exercise of powers and functions of the department, and to transfer those subsidies to others as required by the agreement.
(j) To appear on its own behalf before boards, commissions, departments, or other agencies of local, state, or federal government.
(k) To establish any regional offices necessary to effectuate the department’s purposes and functions.
(l) To acquire real or personal property, or any interest therein, on either a temporary or long-term basis, in its own name by gift, purchase, transfer, foreclosure, lease, option, or otherwise, including easements or other incorporeal rights in property.
(m) To provide bilingual staff in connection with services of the department and make available departmental publications in a language other than English when necessary to effectively serve groups for which the services or publications are made available.
(n) To do any and all things necessary to carry out its purposes and exercise the powers expressly granted by this division.
(o) (1) To sell real property acquired by the department in a foreclosure, by deed in lieu of foreclosure, or sale under a power of sale on a deed of trust, lien, or by exercise of any other security interest on real property securing repayment of a loan or performance under a grant or loan made by the department. Real property so acquired shall be sold for market value and sale proceeds shall be placed in the fund from which the secured loan or grant was made.
(2) The department may establish terms, conditions, and restrictions for the sale of real property, including a requirement that the real property be used for housing for persons and families of low or moderate income, and those terms, conditions, and restrictions shall be set forth in the deed or other instrument of conveyance.
(3) The department may conduct the sale, utilize the assistance of any local public agency authorized to conduct sales of real property, contract with a licensed real estate broker to conduct the sale, or utilize other reasonable marketing methods if the department determines that one of these options will result in a more prompt or cost-efficient sale.
(4) If the director offers to sell residential real property directly pursuant to this subdivision, the department shall close escrow within 120 days after both of the following have occurred: a qualified buyer has received approval of the department; and the buyer has obtained adequate financing for the purchase. If the deadline set forth in this paragraph is not met, the director shall employ a licensed real estate broker in connection with the proposed sale. The department may exceed the time requirements of this paragraph if the director finds that this is necessary due to factors outside the control of the department, including death of the buyer, inability of the borrower to qualify for financing from a lender, substantial damage to the property resulting from a natural disaster or other act of God, or extraordinary procedural requirements or conditions imposed by the lender or title and escrow company.
(5) The director shall perform all of the actions specified in subparagraphs (A), (B), and (C) within 30 days after both of the following have occurred: a qualified buyer has received approval of the department; and the buyer has obtained adequate financing for the purchase.
(A) Identify repair work needed to be performed on the property.
(B) Cause an appraisal of the property to be completed.
(C) Determine whether it is appropriate to rent the property until it is sold.
(6) Sales of real property made pursuant to this section are not subject to the requirements of Sections 11011 and 11011.1 of the Government Code.
(7) Failure to comply with this subdivision does not invalidate any right, title, or interest acquired by a bona fide purchaser or encumbrancer for value.
(p) (1) Where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure would cause a violation or not satisfy the requirements of any state financing being provided to a housing development by the department, the requirements of financing provided by the department, including state statutory requirements,  department  may be modified as necessary to ensure program compatibility. Where provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity legal structure or agency create minor inconsistencies, as determined by the director of the department, the department may waive the requirements of the financing provided by the department, including state statutory requirements,  as deemed necessary, to avoid an unnecessary administrative burden.
(2) Matters that may be waived or modified pursuant to paragraph (1) include, but are not limited to, all of the following:
(A) Instrument recordation requirements.
(B) Security requirements for state financing provided pursuant to department programs.
(C) Title insurance requirements.
(D) Target population percentage requirements. A change of target population based on income shall not be of more than one category of income between extremely low, very low, lower, and moderate income households, as those terms are defined in Chapter 2 (commencing with Section 50050) of Health and Safety Code. 
(E) Affordability levels and unit mix requirements. A waiver for affordability levels shall not be of more than one category of income between extremely low, very low, lower, and moderate income households, as those terms are defined in Chapter 2 (commencing with Section 50050) of Health and Safety Code. 
(F) Any matter not expressly or objectively set forth in statute, but is set forth with specificity in guidelines or regulations promulgated by the department.
(G) Timeline requirements.
(H) Service area requirements.
(I) Fund matching requirements.
(J) Shovel-ready project requirements.
(K) Requirements related to housing elements and housing plans.
(L) Income limits.
(M) Form of funding provided, including, but not limited to, a grant or a loan.
(N) Phase of funding, including, but not limited to, predevelopment, construction, or permanent financing.
(O) Requirements regarding infill location and density.
(3) Any standard requirements or general rules of application that the department develops or implements to carry out modifications or waivers set forth in this subdivision shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Divisions 3 of Title 2 of the Government Code.
(4) Repayment of principal and interest on loans made by the department to tribal sponsors shall be deferred for the full term of the loan.
(5) The department shall forgive loans made by the department to tribal sponsors if all conditions for the loans have been satisfied.

SEC. 2.

 Section 50469 is added to the Health and Safety Code, to read:

50469.
 (a) If the department requires a tribe that is an eligible recipient of state funding to waive tribal sovereignty in order to access funds, the department shall draft the waiver narrowly to serve both the individual needs of the tribe and make the funding agreement enforceable.
(b) In order to facilitate better coordination between the department and the tribes that are eligible recipients of state funds, the department shall include its designated tribal liaison or their designee in all discussions with tribes that are eligible recipients, unless those eligible recipients give permission for the tribal liaison or their designee to be absent.

SEC. 3.

 Section 50513 of the Health and Safety Code is amended to read:

50513.
 (a) This section shall be known, and may be cited, as the G. David Singleton California Indian Assistance Program.
(b) The department shall provide comprehensive technical assistance to tribes, tribal housing authorities, designated tribal housing entities, tribal housing departments, housing sponsors, and governmental agencies on reservations, rancherias, and on public domain, and tribes that want to participate in tribal housing grant programs on fee simple land to facilitate the planning and orderly development of suitable, decent, safe, and sanitary housing for American Indians residing in those areas or within a tribe’s designated service area, as defined by the tribe. This assistance may include technical assistance in land use planning, natural and environmental resource planning, and economic resource planning.
(c) To provide assistance with waivers or modification requests  submitted pursuant to subdivision (p) of Section 50406, the department shall do all of the following:
(1) Assign each waiver or modification request  submitted a waiver  reference number.
(2) Post on its internet website a waiver or modification request  submitted to the department, including the nature of the waiver or modification request  and the waiver  reference number.
(3) Post on its internet website whether a waiver or modification request is accepted, denied, or accepted or denied in part.  is accepted and denied.  If the waiver or modification request  is denied, post on its internet website the reason the department denied the waiver or modification request. waiver. 
(4) Where the department has made a determination that tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure causes a violation or does not satisfy the requirements of specific state financing being provided to a housing development administered by the department for more than two tribal applicants for a specific notice of funding availability, the Director of the department or designee may incorporate that waiver or modification into any of its the department’s state financing programs. Allow a tribe that did not submit an approved waiver to be subject to an approved waiver. 
(d) The department shall provide outreach, education, and comprehensive technical assistance to tribes, tribal housing authorities, tribally designated housing entities, entity,  housing departments of a tribe, housing sponsors, and governmental agencies on reservations, rancherias, and on public domain in the development of tribal housing grant programs, and before, during, and after the grant application process.
(e) Notwithstanding any other law, data collected pursuant to this section shall be kept confidential and shall not be subject to public disclosure, including, but not limited to, any person or entity that provides technical assistance.
SEC. 4.
 The Legislature finds and declares that Section 3 of this act, which amends Section 50513 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of California residents, while also collecting useful data on housing and services to tribes and tribal members, it is necessary to preserve the confidentiality of this information.