SBX8 28 Senate Bill, 8th Ext. Session

BILL NUMBER: SBX8 28	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 11, 2010

INTRODUCED BY   Senators Yee and Alquist
   (Coauthor: Senator Oropeza)
    (   Coauthor:   Assembly Member  
Hill   ) 

                        FEBRUARY 5, 2010

   An act to amend Section 53545.9 of the Health and Safety Code,
relating to housing, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 28, as amended, Yee. Housing and Emergency Shelter Trust Fund
Act of 2006: appropriations.
    (1) The Housing and Emergency Shelter Trust Fund Act of 2006,
adopted and approved by the voters at the November 7, 2006, statewide
general election, authorized the issuance of bonds in the amount of
$2,850,000,000 pursuant to the State General Obligation Bond Law.
Existing law requires the allocation or availability of specified
bond funds to the Construction Liability Insurance Reform Pilot
Program and the Innovative Homeownership Program and provides for the
reversion of certain funds under specified circumstances. Existing
law establishes the Housing-Related Parks Program and the Building
Equity and Growth in Neighborhoods (BEGIN) Program, funded by these
bonds and administered by the Department of Housing and Community
Development, relating to the promotion and support of infill
development, housing-related parks, and housing assistance.
   This bill would make several legislative findings and declarations
relating to jobs associated with residential construction and
housing bond funds. The bill would delete the required allocation or
availability of funds to the Construction Liability Insurance Reform
Pilot Program and the Innovative Homeownership Program and instead
require that funds be allocated and made available to the California
Pollution Control Financing Authority, in consultation with the
department, to administer loans or grants under the California
Recycle Underutilized Sites (CALReUSE) program. The bill would modify
the reversion provisions  and make available specified amounts
for grants to existing housing trust funds and the Multifamily
Housing Program  . The bill would appropriate specified amounts
from the Regional Planning, Housing, and Infill Incentive Account and
the Building Equity and Growth in Neighborhoods Account to the
Department of Housing and Community Development for the
Housing-Related Parks Program and the BEGIN Program, respectively.
The bill would require the department  to award these
  to report on the explanation for the delay if 
appropriated funds  are not awarded  within 180 days from
the date the act takes effect.
   (2) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. The Governor issued a proclamation declaring a
fiscal emergency, and calling a special session for this purpose, on
January 8, 2010.
   This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on January 8, 2010,
pursuant to the California Constitution.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) In 2009, residential construction in California is estimated
to have hit its lowest recorded level ever.
   (b) Jobs associated with residential construction in California
have plummeted by an estimated 70 percent since 2005. This amounts to
more than 350,000 lost jobs.
   (c) During the current economic crisis, it is imperative to
expedite the distribution of approved housing bond funds in order to
invigorate local economies.
   (d) In addition to creating jobs, infrastructure improvements made
possible by these investments will produce numerous benefits to
communities, including shorter and safer commutes, increased public
park space, and housing stability to help children learn and thrive.
  SEC. 2.  Section 53545.9 of the Health and Safety Code is amended
to read:
   53545.9.  Of the one hundred million dollars ($100,000,000)
transferred to the Affordable Housing Innovation Fund established in
the State Treasury under subparagraph (F) of paragraph (1) of
subdivision (a) of Section 53545, the following amounts shall be
allocated as follows: 
   (a) (1) The department shall make available the amount of fifty
million dollars ($50,000,000) for the Affordable Housing Revolving
Development and Acquisition Program.  
   (2) Of the amount made available for the program, the amounts
shall be as follows:  
   (A) Twenty-five million dollars ($25,000,000) shall be made
available for the Loan Fund. Any funds not encumbered for the
purposes set forth pursuant to this subparagraph by the effective
date of the statute amending this section shall revert to the
Multifamily Housing Program authorized by Chapter 6.7 (commencing
with Section 50675) of Part 2.  
   (B) Twenty-five million dollars ($25,000,000) shall be made
available for the Practitioner Fund.  
   (a) The department shall make available the amount of twenty-five
million dollars ($25,000,000) for the Affordable Housing Revolving
Development and Acquisition Program Practitioner Fund pursuant to
Section 50707. 
   (b) The department shall make available the amount of fifteen
million dollars ($15,000,000) for the California Pollution Control
Financing Authority, in consultation with the department, to
administer loans or grants under the California Recycle Underutilized
Sites (CALReUSE) program pursuant to Section 53545.14.
   (c) The department shall make available the amount of 
thirty-five million dollars ($35,000,000) for  
seventeen million five hundred thousand dollars ($17,500,000) to
award grants to existing trust funds under  the local housing
trust fund matching grant program established under Section 50843.5.
 The department shall make available 50 percent of this
amount exclusively for newly established housing trust funds.
 
   (1) When 
    When  awarding grants from the funds allocated under
this subdivision to existing trust funds, the department shall grant
preference to a housing trust fund that agrees to expend more than 65
percent of state funds for the purpose of downpayment assistance to
first-time homebuyers. 
   (2) When awarding grants from the funds allocated under this
subdivision to newly established housing trust funds, the department
shall set aside funding, for a period of 36 months from the date
funds are first made available, for newly established housing trust
funds that are in a county with a population of less than 425,000
persons, based on the decennial United States Census for the year
2000.  
   (3) Any funds not encumbered for the purposes set forth in this
subdivision by the effective date of the statute amending this
section shall revert to the Multifamily Housing Program authorized by
Chapter 6.7 (commencing with Section 50675) of Part 2. 

   (d) The department shall make available the amount of forty-two
million five hundred thousand dollars ($42,500,000) for the
Multifamily Housing Program authorized by Chapter 6.7 (commencing
with Section 50675) of Part 2. 
  SEC. 3.  The sum of twenty-five million dollars ($25,000,000) is
hereby appropriated from the Regional Planning, Housing, and Infill
Incentive Account in the Housing and Emergency Shelter Trust Fund of
2006 to the Department of Housing and Community Development for the
Housing-Related Parks Program pursuant to Chapter 8 (commencing with
Section 50700) of Part 2 of Division 31 of the Health and Safety
Code.
  SEC. 4.  The sum of five million dollars ($5,000,000) is hereby
appropriated from the Building Equity and Growth in Neighborhoods
Account in the Housing and Emergency Shelter Trust Fund of 2006 to
the Department of Housing and Community Development for the Building
Equity and Growth in Neighborhoods (BEGIN) Program pursuant to
Chapter 14.5 (commencing with Section 50860) of Part 1 of Division 31
of the Health and Safety Code. 
  SEC. 5.    Funds appropriated in Sections 3 and 4
of this act shall be awarded by the Department of Housing and
Community Development no later than 180 days from the date the
statute enacting this act takes effect. If funds are not awarded
within the 180 days 
   SEC. 5.    If funds appropriated in Sections 2, 3,
and 4 of this act are not awarded within 180 days from the date the
statute enacting this act takes effect  , the department shall
submit a report to the Legislature with an explanation for the delay.

  SEC. 6.  This act addresses the fiscal emergency declared by the
Governor by proclamation on January 8, 2010 pursuant to subdivision
(f) of Section 10, of Article IV of the California Constitution.