California 2021-2022 Regular Session

California Assembly Bill AB1945 Compare Versions

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11 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1945Introduced by Assembly Member Aguiar-CurryFebruary 10, 2022 An act to add Chapter 8.4 (commencing with Section 50709) to Part 2 of Division 31 of the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 1945, as introduced, Aguiar-Curry. Affordable Disaster Housing Revolving Development and Acquisition Program.Existing law establishes various programs intended to promote the development of affordable housing, including the Multifamily Housing Program, under which the Department of Housing and Community Development provides financial assistance in the form of deferred payment loans to pay for the eligible costs of certain housing development activities.This bill would require the department to establish and administer the Affordable Disaster Housing Revolving Development and Acquisition Program to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households. The bill would require the department to establish an application process for community development financial institutions, as defined, to apply for emergency short-term or temporary loans under the program.This bill would require community development financial institutions receiving awards through the program to issue short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies to fund the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units, as specified. The bill would authorize certain cost categories related to the development of dwelling units, including the acquisition of real property, new construction or rehabilitation, general property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions, and necessary and related onsite and offsite improvements.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Californias recent natural disasters have been unprecedented and catastrophic. In 2019, over 6,872 fires were recorded with an estimated 253,321 acres of burned land, destruction of 732 structures, and three fatalities. That number was exceeded in 2020, with 9,279 fires burning 4,197,628 acres. This includes the SCU Lightning Complex Fires, the LNU Lightning Complex Fires, the CZU Lightning Complex Fires, the Valley Fire, the Creek Fire, the North Complex Fire, the Bobcat Fire, the Glass Fire, the El Dorado Fire, the Red Salmon Complex Fire, the Slater/Devil Fires, the August Complex Fire, and the Zogg Fire.(b) The wildfires of 2017 and 2018 destroyed 28,000 homes in the Counties of Butte, Colusa, Glenn, Lake, Mendocino, Napa, Santa Barbara, Shasta, Sonoma, Trinity, and Ventura. The $500,000,000,000 in economic losses resulting from the wildfires was more than the combined losses of Hurricanes Harvey, Katrina, and Sandy.(c) The deadly Camp Fire alone destroyed the entire town of Paradise, killed 85 people, resulted in $16,500,000 in losses, and was the deadliest fire in California history and the most expensive natural disaster in the world in 2018.(d) During the 2020 and 2021 fire seasons, more than 14,000 structures were damaged or destroyed and at least 34 lives were lost. Neither northern California nor southern California were spared.(e) Fires are becoming the new normal and disproportionately affect low-income people, including seniors, disabled persons, and people of color, with Native Americans being six times more vulnerable, and African Americans and Hispanics being 50 percent more vulnerable.(f) By far, most of the structures destroyed in recent disasters have been peoples homes. Low-income people of color have been disproportionately affected and will have the longest recovery times.(g) All federal disaster funding, traditionally the major source of financial support for natural disasters, is insufficient and takes years to obtain. This includes Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funding. The $124,000,000 in Community Development Block Grant Disaster Recovery funds allocated to California in fiscal year 2018 for the 2017 disasters were received by the Department of Housing and Community Development in the first quarter of 2020 and will not be committed for another six months. As a result, recovery is slow and those most in need of assistance do not get assistance until long after they need it.(h) The experience of the California wildfires points to significant federal underfunding, long funding delays, and the critical need for state funds to respond quickly and impactfully to accelerate housing recovery efforts immediately after disasters occur and years before federal funds are deployed into Californias communities.(i) The Golden State Acquisition Fund is an LLC with seven originating community development financial institutions that was seeded with $23,000,000 from the Affordable Housing Innovation Fund authorized by voters in 2006 in Proposition 1C. These funds were leveraged with additional capital from each community development financial institution to create a $93,000,000 fund that has successfully produced and preserved 18 projects with 1,490 affordable units.(j) The State of New Jersey currently operates the Disaster Relief Emergency Financing Program, created after Hurricane Sandy, that provides short-term or temporary loans to local government entities, public water utilities, and private persons, which are paid back following state receipt of Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funds.SEC. 2. Chapter 8.4 (commencing with Section 50709) is added to Part 2 of Division 31 of the Health and Safety Code, to read: CHAPTER 8.4. Affordable Disaster Housing Revolving Development and Acquisition Program.50709. (a) The Affordable Disaster Housing Revolving Development and Acquisition Program shall be established and administered by the Department of Housing and Community Development. The purpose of the program is to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households.(b) (1) The Affordable Disaster Housing Revolving Development and Acquisition Loan Fund is hereby established in the State Treasury. Upon appropriation by the Legislature to this fund, the department shall allocate moneys in the fund to eligible recipients in accordance with this chapter.(2) The department may seek, in whole or in part, repayment of the funds initially allocated to the fund from any program income received by the fund.50709.1. For purposes of this article:(a) Community Development Financial Institution means an entity that meets the requirements of Section 1805.201 of Title 12 of the Code of Federal Regulations.(b) Department means the Department of Housing and Community Development.(c) Local government agency means the same as defined in Section 50077.(d) Program means the Affordable Disaster Housing Revolving Development and Acquisition Program created under Section 50709.(e) Tribally designated Housing Entity means an entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of the Health and Safety Code.50709.2. (a) The department shall establish an application process for Community Development Financial Institutions to apply for emergency short-term or temporary loans pursuant to this chapter.(b) (1) The department shall adopt guidelines for the operation of the program. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(2) The department shall adopt guidelines for the program before issuing any request for qualifications for projects to be funded with program funds.50709.3. Emergency short-term or temporary loans may be made through the program upon the determination and certification in writing by the department that use of the funds is necessary and appropriate to accomplish any of the following:(a) The development and construction of a new transitional or rental housing development.(b) The rehabilitation, or acquisition and rehabilitation, of a transitional or rental housing development.(c) The conversion of a nonresidential structure into a transitional or rental housing development.(d) The development and construction, rehabilitation, or acquisition and rehabilitation of a mobilehome park or manufactured housing community.50709.4. (a) The Department may contract with one or more Community Development Financial Institutions or a consortium of Community Development Financial Institutions for the purpose of making short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies for any of the purposes described in this section.(b) Eligible costs shall include the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units. Eligible cost categories shall include all of the following:(1) Real property acquisition, including refinancing of existing debt to the extent necessary to reduce debt service to a level consistent with the provision of affordable rents and the fiscal integrity of the project.(2) New construction or rehabilitation, including the conversion of nonresidential structures to residential use.(3) General property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions and renovations and remodeling, including, but not limited to, remodeling of kitchens and bathrooms, installation of new appliances, landscaping, and purchase or installation of central air conditioning.(4) Necessary and related onsite and offsite improvements.(5) Reasonable development fees.(6) Reasonable consulting costs.(7) Initial operating costs for housing units.(8) Predevelopment costs related to new or existing affordable housing.(9) Capitalized reserves for replacement and operation of housing units. The department may allow capitalized operating reserves to be used for rent subsidies for assisted units reserved for occupancy by households with incomes below limits determined by the department, which shall not exceed the income limit for very low income households, as defined in Section 50105.
22
33 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1945Introduced by Assembly Member Aguiar-CurryFebruary 10, 2022 An act to add Chapter 8.4 (commencing with Section 50709) to Part 2 of Division 31 of the Health and Safety Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTAB 1945, as introduced, Aguiar-Curry. Affordable Disaster Housing Revolving Development and Acquisition Program.Existing law establishes various programs intended to promote the development of affordable housing, including the Multifamily Housing Program, under which the Department of Housing and Community Development provides financial assistance in the form of deferred payment loans to pay for the eligible costs of certain housing development activities.This bill would require the department to establish and administer the Affordable Disaster Housing Revolving Development and Acquisition Program to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households. The bill would require the department to establish an application process for community development financial institutions, as defined, to apply for emergency short-term or temporary loans under the program.This bill would require community development financial institutions receiving awards through the program to issue short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies to fund the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units, as specified. The bill would authorize certain cost categories related to the development of dwelling units, including the acquisition of real property, new construction or rehabilitation, general property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions, and necessary and related onsite and offsite improvements.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
55
66
77
88
99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 1945
1414
1515 Introduced by Assembly Member Aguiar-CurryFebruary 10, 2022
1616
1717 Introduced by Assembly Member Aguiar-Curry
1818 February 10, 2022
1919
2020 An act to add Chapter 8.4 (commencing with Section 50709) to Part 2 of Division 31 of the Health and Safety Code, relating to housing.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 1945, as introduced, Aguiar-Curry. Affordable Disaster Housing Revolving Development and Acquisition Program.
2727
2828 Existing law establishes various programs intended to promote the development of affordable housing, including the Multifamily Housing Program, under which the Department of Housing and Community Development provides financial assistance in the form of deferred payment loans to pay for the eligible costs of certain housing development activities.This bill would require the department to establish and administer the Affordable Disaster Housing Revolving Development and Acquisition Program to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households. The bill would require the department to establish an application process for community development financial institutions, as defined, to apply for emergency short-term or temporary loans under the program.This bill would require community development financial institutions receiving awards through the program to issue short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies to fund the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units, as specified. The bill would authorize certain cost categories related to the development of dwelling units, including the acquisition of real property, new construction or rehabilitation, general property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions, and necessary and related onsite and offsite improvements.
2929
3030 Existing law establishes various programs intended to promote the development of affordable housing, including the Multifamily Housing Program, under which the Department of Housing and Community Development provides financial assistance in the form of deferred payment loans to pay for the eligible costs of certain housing development activities.
3131
3232 This bill would require the department to establish and administer the Affordable Disaster Housing Revolving Development and Acquisition Program to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households. The bill would require the department to establish an application process for community development financial institutions, as defined, to apply for emergency short-term or temporary loans under the program.
3333
3434 This bill would require community development financial institutions receiving awards through the program to issue short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies to fund the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units, as specified. The bill would authorize certain cost categories related to the development of dwelling units, including the acquisition of real property, new construction or rehabilitation, general property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions, and necessary and related onsite and offsite improvements.
3535
3636 ## Digest Key
3737
3838 ## Bill Text
3939
4040 The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Californias recent natural disasters have been unprecedented and catastrophic. In 2019, over 6,872 fires were recorded with an estimated 253,321 acres of burned land, destruction of 732 structures, and three fatalities. That number was exceeded in 2020, with 9,279 fires burning 4,197,628 acres. This includes the SCU Lightning Complex Fires, the LNU Lightning Complex Fires, the CZU Lightning Complex Fires, the Valley Fire, the Creek Fire, the North Complex Fire, the Bobcat Fire, the Glass Fire, the El Dorado Fire, the Red Salmon Complex Fire, the Slater/Devil Fires, the August Complex Fire, and the Zogg Fire.(b) The wildfires of 2017 and 2018 destroyed 28,000 homes in the Counties of Butte, Colusa, Glenn, Lake, Mendocino, Napa, Santa Barbara, Shasta, Sonoma, Trinity, and Ventura. The $500,000,000,000 in economic losses resulting from the wildfires was more than the combined losses of Hurricanes Harvey, Katrina, and Sandy.(c) The deadly Camp Fire alone destroyed the entire town of Paradise, killed 85 people, resulted in $16,500,000 in losses, and was the deadliest fire in California history and the most expensive natural disaster in the world in 2018.(d) During the 2020 and 2021 fire seasons, more than 14,000 structures were damaged or destroyed and at least 34 lives were lost. Neither northern California nor southern California were spared.(e) Fires are becoming the new normal and disproportionately affect low-income people, including seniors, disabled persons, and people of color, with Native Americans being six times more vulnerable, and African Americans and Hispanics being 50 percent more vulnerable.(f) By far, most of the structures destroyed in recent disasters have been peoples homes. Low-income people of color have been disproportionately affected and will have the longest recovery times.(g) All federal disaster funding, traditionally the major source of financial support for natural disasters, is insufficient and takes years to obtain. This includes Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funding. The $124,000,000 in Community Development Block Grant Disaster Recovery funds allocated to California in fiscal year 2018 for the 2017 disasters were received by the Department of Housing and Community Development in the first quarter of 2020 and will not be committed for another six months. As a result, recovery is slow and those most in need of assistance do not get assistance until long after they need it.(h) The experience of the California wildfires points to significant federal underfunding, long funding delays, and the critical need for state funds to respond quickly and impactfully to accelerate housing recovery efforts immediately after disasters occur and years before federal funds are deployed into Californias communities.(i) The Golden State Acquisition Fund is an LLC with seven originating community development financial institutions that was seeded with $23,000,000 from the Affordable Housing Innovation Fund authorized by voters in 2006 in Proposition 1C. These funds were leveraged with additional capital from each community development financial institution to create a $93,000,000 fund that has successfully produced and preserved 18 projects with 1,490 affordable units.(j) The State of New Jersey currently operates the Disaster Relief Emergency Financing Program, created after Hurricane Sandy, that provides short-term or temporary loans to local government entities, public water utilities, and private persons, which are paid back following state receipt of Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funds.SEC. 2. Chapter 8.4 (commencing with Section 50709) is added to Part 2 of Division 31 of the Health and Safety Code, to read: CHAPTER 8.4. Affordable Disaster Housing Revolving Development and Acquisition Program.50709. (a) The Affordable Disaster Housing Revolving Development and Acquisition Program shall be established and administered by the Department of Housing and Community Development. The purpose of the program is to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households.(b) (1) The Affordable Disaster Housing Revolving Development and Acquisition Loan Fund is hereby established in the State Treasury. Upon appropriation by the Legislature to this fund, the department shall allocate moneys in the fund to eligible recipients in accordance with this chapter.(2) The department may seek, in whole or in part, repayment of the funds initially allocated to the fund from any program income received by the fund.50709.1. For purposes of this article:(a) Community Development Financial Institution means an entity that meets the requirements of Section 1805.201 of Title 12 of the Code of Federal Regulations.(b) Department means the Department of Housing and Community Development.(c) Local government agency means the same as defined in Section 50077.(d) Program means the Affordable Disaster Housing Revolving Development and Acquisition Program created under Section 50709.(e) Tribally designated Housing Entity means an entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of the Health and Safety Code.50709.2. (a) The department shall establish an application process for Community Development Financial Institutions to apply for emergency short-term or temporary loans pursuant to this chapter.(b) (1) The department shall adopt guidelines for the operation of the program. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(2) The department shall adopt guidelines for the program before issuing any request for qualifications for projects to be funded with program funds.50709.3. Emergency short-term or temporary loans may be made through the program upon the determination and certification in writing by the department that use of the funds is necessary and appropriate to accomplish any of the following:(a) The development and construction of a new transitional or rental housing development.(b) The rehabilitation, or acquisition and rehabilitation, of a transitional or rental housing development.(c) The conversion of a nonresidential structure into a transitional or rental housing development.(d) The development and construction, rehabilitation, or acquisition and rehabilitation of a mobilehome park or manufactured housing community.50709.4. (a) The Department may contract with one or more Community Development Financial Institutions or a consortium of Community Development Financial Institutions for the purpose of making short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies for any of the purposes described in this section.(b) Eligible costs shall include the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units. Eligible cost categories shall include all of the following:(1) Real property acquisition, including refinancing of existing debt to the extent necessary to reduce debt service to a level consistent with the provision of affordable rents and the fiscal integrity of the project.(2) New construction or rehabilitation, including the conversion of nonresidential structures to residential use.(3) General property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions and renovations and remodeling, including, but not limited to, remodeling of kitchens and bathrooms, installation of new appliances, landscaping, and purchase or installation of central air conditioning.(4) Necessary and related onsite and offsite improvements.(5) Reasonable development fees.(6) Reasonable consulting costs.(7) Initial operating costs for housing units.(8) Predevelopment costs related to new or existing affordable housing.(9) Capitalized reserves for replacement and operation of housing units. The department may allow capitalized operating reserves to be used for rent subsidies for assisted units reserved for occupancy by households with incomes below limits determined by the department, which shall not exceed the income limit for very low income households, as defined in Section 50105.
4141
4242 The people of the State of California do enact as follows:
4343
4444 ## The people of the State of California do enact as follows:
4545
4646 SECTION 1. The Legislature finds and declares all of the following:(a) Californias recent natural disasters have been unprecedented and catastrophic. In 2019, over 6,872 fires were recorded with an estimated 253,321 acres of burned land, destruction of 732 structures, and three fatalities. That number was exceeded in 2020, with 9,279 fires burning 4,197,628 acres. This includes the SCU Lightning Complex Fires, the LNU Lightning Complex Fires, the CZU Lightning Complex Fires, the Valley Fire, the Creek Fire, the North Complex Fire, the Bobcat Fire, the Glass Fire, the El Dorado Fire, the Red Salmon Complex Fire, the Slater/Devil Fires, the August Complex Fire, and the Zogg Fire.(b) The wildfires of 2017 and 2018 destroyed 28,000 homes in the Counties of Butte, Colusa, Glenn, Lake, Mendocino, Napa, Santa Barbara, Shasta, Sonoma, Trinity, and Ventura. The $500,000,000,000 in economic losses resulting from the wildfires was more than the combined losses of Hurricanes Harvey, Katrina, and Sandy.(c) The deadly Camp Fire alone destroyed the entire town of Paradise, killed 85 people, resulted in $16,500,000 in losses, and was the deadliest fire in California history and the most expensive natural disaster in the world in 2018.(d) During the 2020 and 2021 fire seasons, more than 14,000 structures were damaged or destroyed and at least 34 lives were lost. Neither northern California nor southern California were spared.(e) Fires are becoming the new normal and disproportionately affect low-income people, including seniors, disabled persons, and people of color, with Native Americans being six times more vulnerable, and African Americans and Hispanics being 50 percent more vulnerable.(f) By far, most of the structures destroyed in recent disasters have been peoples homes. Low-income people of color have been disproportionately affected and will have the longest recovery times.(g) All federal disaster funding, traditionally the major source of financial support for natural disasters, is insufficient and takes years to obtain. This includes Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funding. The $124,000,000 in Community Development Block Grant Disaster Recovery funds allocated to California in fiscal year 2018 for the 2017 disasters were received by the Department of Housing and Community Development in the first quarter of 2020 and will not be committed for another six months. As a result, recovery is slow and those most in need of assistance do not get assistance until long after they need it.(h) The experience of the California wildfires points to significant federal underfunding, long funding delays, and the critical need for state funds to respond quickly and impactfully to accelerate housing recovery efforts immediately after disasters occur and years before federal funds are deployed into Californias communities.(i) The Golden State Acquisition Fund is an LLC with seven originating community development financial institutions that was seeded with $23,000,000 from the Affordable Housing Innovation Fund authorized by voters in 2006 in Proposition 1C. These funds were leveraged with additional capital from each community development financial institution to create a $93,000,000 fund that has successfully produced and preserved 18 projects with 1,490 affordable units.(j) The State of New Jersey currently operates the Disaster Relief Emergency Financing Program, created after Hurricane Sandy, that provides short-term or temporary loans to local government entities, public water utilities, and private persons, which are paid back following state receipt of Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funds.
4747
4848 SECTION 1. The Legislature finds and declares all of the following:(a) Californias recent natural disasters have been unprecedented and catastrophic. In 2019, over 6,872 fires were recorded with an estimated 253,321 acres of burned land, destruction of 732 structures, and three fatalities. That number was exceeded in 2020, with 9,279 fires burning 4,197,628 acres. This includes the SCU Lightning Complex Fires, the LNU Lightning Complex Fires, the CZU Lightning Complex Fires, the Valley Fire, the Creek Fire, the North Complex Fire, the Bobcat Fire, the Glass Fire, the El Dorado Fire, the Red Salmon Complex Fire, the Slater/Devil Fires, the August Complex Fire, and the Zogg Fire.(b) The wildfires of 2017 and 2018 destroyed 28,000 homes in the Counties of Butte, Colusa, Glenn, Lake, Mendocino, Napa, Santa Barbara, Shasta, Sonoma, Trinity, and Ventura. The $500,000,000,000 in economic losses resulting from the wildfires was more than the combined losses of Hurricanes Harvey, Katrina, and Sandy.(c) The deadly Camp Fire alone destroyed the entire town of Paradise, killed 85 people, resulted in $16,500,000 in losses, and was the deadliest fire in California history and the most expensive natural disaster in the world in 2018.(d) During the 2020 and 2021 fire seasons, more than 14,000 structures were damaged or destroyed and at least 34 lives were lost. Neither northern California nor southern California were spared.(e) Fires are becoming the new normal and disproportionately affect low-income people, including seniors, disabled persons, and people of color, with Native Americans being six times more vulnerable, and African Americans and Hispanics being 50 percent more vulnerable.(f) By far, most of the structures destroyed in recent disasters have been peoples homes. Low-income people of color have been disproportionately affected and will have the longest recovery times.(g) All federal disaster funding, traditionally the major source of financial support for natural disasters, is insufficient and takes years to obtain. This includes Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funding. The $124,000,000 in Community Development Block Grant Disaster Recovery funds allocated to California in fiscal year 2018 for the 2017 disasters were received by the Department of Housing and Community Development in the first quarter of 2020 and will not be committed for another six months. As a result, recovery is slow and those most in need of assistance do not get assistance until long after they need it.(h) The experience of the California wildfires points to significant federal underfunding, long funding delays, and the critical need for state funds to respond quickly and impactfully to accelerate housing recovery efforts immediately after disasters occur and years before federal funds are deployed into Californias communities.(i) The Golden State Acquisition Fund is an LLC with seven originating community development financial institutions that was seeded with $23,000,000 from the Affordable Housing Innovation Fund authorized by voters in 2006 in Proposition 1C. These funds were leveraged with additional capital from each community development financial institution to create a $93,000,000 fund that has successfully produced and preserved 18 projects with 1,490 affordable units.(j) The State of New Jersey currently operates the Disaster Relief Emergency Financing Program, created after Hurricane Sandy, that provides short-term or temporary loans to local government entities, public water utilities, and private persons, which are paid back following state receipt of Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funds.
4949
5050 SECTION 1. The Legislature finds and declares all of the following:
5151
5252 ### SECTION 1.
5353
5454 (a) Californias recent natural disasters have been unprecedented and catastrophic. In 2019, over 6,872 fires were recorded with an estimated 253,321 acres of burned land, destruction of 732 structures, and three fatalities. That number was exceeded in 2020, with 9,279 fires burning 4,197,628 acres. This includes the SCU Lightning Complex Fires, the LNU Lightning Complex Fires, the CZU Lightning Complex Fires, the Valley Fire, the Creek Fire, the North Complex Fire, the Bobcat Fire, the Glass Fire, the El Dorado Fire, the Red Salmon Complex Fire, the Slater/Devil Fires, the August Complex Fire, and the Zogg Fire.
5555
5656 (b) The wildfires of 2017 and 2018 destroyed 28,000 homes in the Counties of Butte, Colusa, Glenn, Lake, Mendocino, Napa, Santa Barbara, Shasta, Sonoma, Trinity, and Ventura. The $500,000,000,000 in economic losses resulting from the wildfires was more than the combined losses of Hurricanes Harvey, Katrina, and Sandy.
5757
5858 (c) The deadly Camp Fire alone destroyed the entire town of Paradise, killed 85 people, resulted in $16,500,000 in losses, and was the deadliest fire in California history and the most expensive natural disaster in the world in 2018.
5959
6060 (d) During the 2020 and 2021 fire seasons, more than 14,000 structures were damaged or destroyed and at least 34 lives were lost. Neither northern California nor southern California were spared.
6161
6262 (e) Fires are becoming the new normal and disproportionately affect low-income people, including seniors, disabled persons, and people of color, with Native Americans being six times more vulnerable, and African Americans and Hispanics being 50 percent more vulnerable.
6363
6464 (f) By far, most of the structures destroyed in recent disasters have been peoples homes. Low-income people of color have been disproportionately affected and will have the longest recovery times.
6565
6666 (g) All federal disaster funding, traditionally the major source of financial support for natural disasters, is insufficient and takes years to obtain. This includes Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funding. The $124,000,000 in Community Development Block Grant Disaster Recovery funds allocated to California in fiscal year 2018 for the 2017 disasters were received by the Department of Housing and Community Development in the first quarter of 2020 and will not be committed for another six months. As a result, recovery is slow and those most in need of assistance do not get assistance until long after they need it.
6767
6868 (h) The experience of the California wildfires points to significant federal underfunding, long funding delays, and the critical need for state funds to respond quickly and impactfully to accelerate housing recovery efforts immediately after disasters occur and years before federal funds are deployed into Californias communities.
6969
7070 (i) The Golden State Acquisition Fund is an LLC with seven originating community development financial institutions that was seeded with $23,000,000 from the Affordable Housing Innovation Fund authorized by voters in 2006 in Proposition 1C. These funds were leveraged with additional capital from each community development financial institution to create a $93,000,000 fund that has successfully produced and preserved 18 projects with 1,490 affordable units.
7171
7272 (j) The State of New Jersey currently operates the Disaster Relief Emergency Financing Program, created after Hurricane Sandy, that provides short-term or temporary loans to local government entities, public water utilities, and private persons, which are paid back following state receipt of Federal Emergency Management Agency and Community Development Block Grant Disaster Recovery funds.
7373
7474 SEC. 2. Chapter 8.4 (commencing with Section 50709) is added to Part 2 of Division 31 of the Health and Safety Code, to read: CHAPTER 8.4. Affordable Disaster Housing Revolving Development and Acquisition Program.50709. (a) The Affordable Disaster Housing Revolving Development and Acquisition Program shall be established and administered by the Department of Housing and Community Development. The purpose of the program is to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households.(b) (1) The Affordable Disaster Housing Revolving Development and Acquisition Loan Fund is hereby established in the State Treasury. Upon appropriation by the Legislature to this fund, the department shall allocate moneys in the fund to eligible recipients in accordance with this chapter.(2) The department may seek, in whole or in part, repayment of the funds initially allocated to the fund from any program income received by the fund.50709.1. For purposes of this article:(a) Community Development Financial Institution means an entity that meets the requirements of Section 1805.201 of Title 12 of the Code of Federal Regulations.(b) Department means the Department of Housing and Community Development.(c) Local government agency means the same as defined in Section 50077.(d) Program means the Affordable Disaster Housing Revolving Development and Acquisition Program created under Section 50709.(e) Tribally designated Housing Entity means an entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of the Health and Safety Code.50709.2. (a) The department shall establish an application process for Community Development Financial Institutions to apply for emergency short-term or temporary loans pursuant to this chapter.(b) (1) The department shall adopt guidelines for the operation of the program. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(2) The department shall adopt guidelines for the program before issuing any request for qualifications for projects to be funded with program funds.50709.3. Emergency short-term or temporary loans may be made through the program upon the determination and certification in writing by the department that use of the funds is necessary and appropriate to accomplish any of the following:(a) The development and construction of a new transitional or rental housing development.(b) The rehabilitation, or acquisition and rehabilitation, of a transitional or rental housing development.(c) The conversion of a nonresidential structure into a transitional or rental housing development.(d) The development and construction, rehabilitation, or acquisition and rehabilitation of a mobilehome park or manufactured housing community.50709.4. (a) The Department may contract with one or more Community Development Financial Institutions or a consortium of Community Development Financial Institutions for the purpose of making short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies for any of the purposes described in this section.(b) Eligible costs shall include the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units. Eligible cost categories shall include all of the following:(1) Real property acquisition, including refinancing of existing debt to the extent necessary to reduce debt service to a level consistent with the provision of affordable rents and the fiscal integrity of the project.(2) New construction or rehabilitation, including the conversion of nonresidential structures to residential use.(3) General property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions and renovations and remodeling, including, but not limited to, remodeling of kitchens and bathrooms, installation of new appliances, landscaping, and purchase or installation of central air conditioning.(4) Necessary and related onsite and offsite improvements.(5) Reasonable development fees.(6) Reasonable consulting costs.(7) Initial operating costs for housing units.(8) Predevelopment costs related to new or existing affordable housing.(9) Capitalized reserves for replacement and operation of housing units. The department may allow capitalized operating reserves to be used for rent subsidies for assisted units reserved for occupancy by households with incomes below limits determined by the department, which shall not exceed the income limit for very low income households, as defined in Section 50105.
7575
7676 SEC. 2. Chapter 8.4 (commencing with Section 50709) is added to Part 2 of Division 31 of the Health and Safety Code, to read:
7777
7878 ### SEC. 2.
7979
8080 CHAPTER 8.4. Affordable Disaster Housing Revolving Development and Acquisition Program.50709. (a) The Affordable Disaster Housing Revolving Development and Acquisition Program shall be established and administered by the Department of Housing and Community Development. The purpose of the program is to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households.(b) (1) The Affordable Disaster Housing Revolving Development and Acquisition Loan Fund is hereby established in the State Treasury. Upon appropriation by the Legislature to this fund, the department shall allocate moneys in the fund to eligible recipients in accordance with this chapter.(2) The department may seek, in whole or in part, repayment of the funds initially allocated to the fund from any program income received by the fund.50709.1. For purposes of this article:(a) Community Development Financial Institution means an entity that meets the requirements of Section 1805.201 of Title 12 of the Code of Federal Regulations.(b) Department means the Department of Housing and Community Development.(c) Local government agency means the same as defined in Section 50077.(d) Program means the Affordable Disaster Housing Revolving Development and Acquisition Program created under Section 50709.(e) Tribally designated Housing Entity means an entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of the Health and Safety Code.50709.2. (a) The department shall establish an application process for Community Development Financial Institutions to apply for emergency short-term or temporary loans pursuant to this chapter.(b) (1) The department shall adopt guidelines for the operation of the program. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(2) The department shall adopt guidelines for the program before issuing any request for qualifications for projects to be funded with program funds.50709.3. Emergency short-term or temporary loans may be made through the program upon the determination and certification in writing by the department that use of the funds is necessary and appropriate to accomplish any of the following:(a) The development and construction of a new transitional or rental housing development.(b) The rehabilitation, or acquisition and rehabilitation, of a transitional or rental housing development.(c) The conversion of a nonresidential structure into a transitional or rental housing development.(d) The development and construction, rehabilitation, or acquisition and rehabilitation of a mobilehome park or manufactured housing community.50709.4. (a) The Department may contract with one or more Community Development Financial Institutions or a consortium of Community Development Financial Institutions for the purpose of making short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies for any of the purposes described in this section.(b) Eligible costs shall include the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units. Eligible cost categories shall include all of the following:(1) Real property acquisition, including refinancing of existing debt to the extent necessary to reduce debt service to a level consistent with the provision of affordable rents and the fiscal integrity of the project.(2) New construction or rehabilitation, including the conversion of nonresidential structures to residential use.(3) General property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions and renovations and remodeling, including, but not limited to, remodeling of kitchens and bathrooms, installation of new appliances, landscaping, and purchase or installation of central air conditioning.(4) Necessary and related onsite and offsite improvements.(5) Reasonable development fees.(6) Reasonable consulting costs.(7) Initial operating costs for housing units.(8) Predevelopment costs related to new or existing affordable housing.(9) Capitalized reserves for replacement and operation of housing units. The department may allow capitalized operating reserves to be used for rent subsidies for assisted units reserved for occupancy by households with incomes below limits determined by the department, which shall not exceed the income limit for very low income households, as defined in Section 50105.
8181
8282 CHAPTER 8.4. Affordable Disaster Housing Revolving Development and Acquisition Program.50709. (a) The Affordable Disaster Housing Revolving Development and Acquisition Program shall be established and administered by the Department of Housing and Community Development. The purpose of the program is to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households.(b) (1) The Affordable Disaster Housing Revolving Development and Acquisition Loan Fund is hereby established in the State Treasury. Upon appropriation by the Legislature to this fund, the department shall allocate moneys in the fund to eligible recipients in accordance with this chapter.(2) The department may seek, in whole or in part, repayment of the funds initially allocated to the fund from any program income received by the fund.50709.1. For purposes of this article:(a) Community Development Financial Institution means an entity that meets the requirements of Section 1805.201 of Title 12 of the Code of Federal Regulations.(b) Department means the Department of Housing and Community Development.(c) Local government agency means the same as defined in Section 50077.(d) Program means the Affordable Disaster Housing Revolving Development and Acquisition Program created under Section 50709.(e) Tribally designated Housing Entity means an entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of the Health and Safety Code.50709.2. (a) The department shall establish an application process for Community Development Financial Institutions to apply for emergency short-term or temporary loans pursuant to this chapter.(b) (1) The department shall adopt guidelines for the operation of the program. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(2) The department shall adopt guidelines for the program before issuing any request for qualifications for projects to be funded with program funds.50709.3. Emergency short-term or temporary loans may be made through the program upon the determination and certification in writing by the department that use of the funds is necessary and appropriate to accomplish any of the following:(a) The development and construction of a new transitional or rental housing development.(b) The rehabilitation, or acquisition and rehabilitation, of a transitional or rental housing development.(c) The conversion of a nonresidential structure into a transitional or rental housing development.(d) The development and construction, rehabilitation, or acquisition and rehabilitation of a mobilehome park or manufactured housing community.50709.4. (a) The Department may contract with one or more Community Development Financial Institutions or a consortium of Community Development Financial Institutions for the purpose of making short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies for any of the purposes described in this section.(b) Eligible costs shall include the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units. Eligible cost categories shall include all of the following:(1) Real property acquisition, including refinancing of existing debt to the extent necessary to reduce debt service to a level consistent with the provision of affordable rents and the fiscal integrity of the project.(2) New construction or rehabilitation, including the conversion of nonresidential structures to residential use.(3) General property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions and renovations and remodeling, including, but not limited to, remodeling of kitchens and bathrooms, installation of new appliances, landscaping, and purchase or installation of central air conditioning.(4) Necessary and related onsite and offsite improvements.(5) Reasonable development fees.(6) Reasonable consulting costs.(7) Initial operating costs for housing units.(8) Predevelopment costs related to new or existing affordable housing.(9) Capitalized reserves for replacement and operation of housing units. The department may allow capitalized operating reserves to be used for rent subsidies for assisted units reserved for occupancy by households with incomes below limits determined by the department, which shall not exceed the income limit for very low income households, as defined in Section 50105.
8383
8484 CHAPTER 8.4. Affordable Disaster Housing Revolving Development and Acquisition Program.
8585
8686 CHAPTER 8.4. Affordable Disaster Housing Revolving Development and Acquisition Program.
8787
8888 50709. (a) The Affordable Disaster Housing Revolving Development and Acquisition Program shall be established and administered by the Department of Housing and Community Development. The purpose of the program is to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households.(b) (1) The Affordable Disaster Housing Revolving Development and Acquisition Loan Fund is hereby established in the State Treasury. Upon appropriation by the Legislature to this fund, the department shall allocate moneys in the fund to eligible recipients in accordance with this chapter.(2) The department may seek, in whole or in part, repayment of the funds initially allocated to the fund from any program income received by the fund.
8989
9090
9191
9292 50709. (a) The Affordable Disaster Housing Revolving Development and Acquisition Program shall be established and administered by the Department of Housing and Community Development. The purpose of the program is to fund the predevelopment expenses, acquisition, construction, reconstruction, and rehabilitation of property to develop or preserve affordable housing in the states declared disaster areas that have experienced damage and loss of homes occupied by or affecting lower income households.
9393
9494 (b) (1) The Affordable Disaster Housing Revolving Development and Acquisition Loan Fund is hereby established in the State Treasury. Upon appropriation by the Legislature to this fund, the department shall allocate moneys in the fund to eligible recipients in accordance with this chapter.
9595
9696 (2) The department may seek, in whole or in part, repayment of the funds initially allocated to the fund from any program income received by the fund.
9797
9898 50709.1. For purposes of this article:(a) Community Development Financial Institution means an entity that meets the requirements of Section 1805.201 of Title 12 of the Code of Federal Regulations.(b) Department means the Department of Housing and Community Development.(c) Local government agency means the same as defined in Section 50077.(d) Program means the Affordable Disaster Housing Revolving Development and Acquisition Program created under Section 50709.(e) Tribally designated Housing Entity means an entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of the Health and Safety Code.
9999
100100
101101
102102 50709.1. For purposes of this article:
103103
104104 (a) Community Development Financial Institution means an entity that meets the requirements of Section 1805.201 of Title 12 of the Code of Federal Regulations.
105105
106106 (b) Department means the Department of Housing and Community Development.
107107
108108 (c) Local government agency means the same as defined in Section 50077.
109109
110110 (d) Program means the Affordable Disaster Housing Revolving Development and Acquisition Program created under Section 50709.
111111
112112 (e) Tribally designated Housing Entity means an entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of the Health and Safety Code.
113113
114114 50709.2. (a) The department shall establish an application process for Community Development Financial Institutions to apply for emergency short-term or temporary loans pursuant to this chapter.(b) (1) The department shall adopt guidelines for the operation of the program. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(2) The department shall adopt guidelines for the program before issuing any request for qualifications for projects to be funded with program funds.
115115
116116
117117
118118 50709.2. (a) The department shall establish an application process for Community Development Financial Institutions to apply for emergency short-term or temporary loans pursuant to this chapter.
119119
120120 (b) (1) The department shall adopt guidelines for the operation of the program. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
121121
122122 (2) The department shall adopt guidelines for the program before issuing any request for qualifications for projects to be funded with program funds.
123123
124124 50709.3. Emergency short-term or temporary loans may be made through the program upon the determination and certification in writing by the department that use of the funds is necessary and appropriate to accomplish any of the following:(a) The development and construction of a new transitional or rental housing development.(b) The rehabilitation, or acquisition and rehabilitation, of a transitional or rental housing development.(c) The conversion of a nonresidential structure into a transitional or rental housing development.(d) The development and construction, rehabilitation, or acquisition and rehabilitation of a mobilehome park or manufactured housing community.
125125
126126
127127
128128 50709.3. Emergency short-term or temporary loans may be made through the program upon the determination and certification in writing by the department that use of the funds is necessary and appropriate to accomplish any of the following:
129129
130130 (a) The development and construction of a new transitional or rental housing development.
131131
132132 (b) The rehabilitation, or acquisition and rehabilitation, of a transitional or rental housing development.
133133
134134 (c) The conversion of a nonresidential structure into a transitional or rental housing development.
135135
136136 (d) The development and construction, rehabilitation, or acquisition and rehabilitation of a mobilehome park or manufactured housing community.
137137
138138 50709.4. (a) The Department may contract with one or more Community Development Financial Institutions or a consortium of Community Development Financial Institutions for the purpose of making short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies for any of the purposes described in this section.(b) Eligible costs shall include the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units. Eligible cost categories shall include all of the following:(1) Real property acquisition, including refinancing of existing debt to the extent necessary to reduce debt service to a level consistent with the provision of affordable rents and the fiscal integrity of the project.(2) New construction or rehabilitation, including the conversion of nonresidential structures to residential use.(3) General property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions and renovations and remodeling, including, but not limited to, remodeling of kitchens and bathrooms, installation of new appliances, landscaping, and purchase or installation of central air conditioning.(4) Necessary and related onsite and offsite improvements.(5) Reasonable development fees.(6) Reasonable consulting costs.(7) Initial operating costs for housing units.(8) Predevelopment costs related to new or existing affordable housing.(9) Capitalized reserves for replacement and operation of housing units. The department may allow capitalized operating reserves to be used for rent subsidies for assisted units reserved for occupancy by households with incomes below limits determined by the department, which shall not exceed the income limit for very low income households, as defined in Section 50105.
139139
140140
141141
142142 50709.4. (a) The Department may contract with one or more Community Development Financial Institutions or a consortium of Community Development Financial Institutions for the purpose of making short-term loans to nonprofit housing development corporations, tribally designated housing entities, and local government agencies for any of the purposes described in this section.
143143
144144 (b) Eligible costs shall include the cost of developing dwelling units and transitional housing, childcare, after school care, and social service facilities that are integrally linked to the dwelling units. Eligible cost categories shall include all of the following:
145145
146146 (1) Real property acquisition, including refinancing of existing debt to the extent necessary to reduce debt service to a level consistent with the provision of affordable rents and the fiscal integrity of the project.
147147
148148 (2) New construction or rehabilitation, including the conversion of nonresidential structures to residential use.
149149
150150 (3) General property improvements that are necessary to correct unsafe, unhealthy, or unsanitary conditions and renovations and remodeling, including, but not limited to, remodeling of kitchens and bathrooms, installation of new appliances, landscaping, and purchase or installation of central air conditioning.
151151
152152 (4) Necessary and related onsite and offsite improvements.
153153
154154 (5) Reasonable development fees.
155155
156156 (6) Reasonable consulting costs.
157157
158158 (7) Initial operating costs for housing units.
159159
160160 (8) Predevelopment costs related to new or existing affordable housing.
161161
162162 (9) Capitalized reserves for replacement and operation of housing units. The department may allow capitalized operating reserves to be used for rent subsidies for assisted units reserved for occupancy by households with incomes below limits determined by the department, which shall not exceed the income limit for very low income households, as defined in Section 50105.