Req. No. 9412 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) HOUSE BILL 3956 By: Blancett AS INTRODUCED An Act relating to housing; defining terms ; providing for creation of Oklahoma Affordab le Housing Commission; prescribing membership; providing for utilization of Oklahoma Affordable Housing Commission Revolving Fund; providing for utilization of resources; creating the Oklahoma Affordable Ho using Commission Revolving Fund; providing for revenue sources; providing for expenditures; prohib iting expenditures prior to designated date; requiring adoption of administrative rules; providing for transfer of unencumbered funds; providing for codification; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE P EOPLE OF THE STATE OF OK LAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 6301 of Title 74, unless there is created a duplication in numbering, reads as follows: A. As used in this act: 1. "Extremely low income household" means income not in excess of thirty percent (30%) of the area median income, adjusted for the Req. No. 9412 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 size of the household, as determined by the United States Department of Housing and Urban Development; 2. "Low income household" means a household income of more than fifty percent (50%) of the area median income but no more than eighty percent (80%) of the area median income, adjusted for the size of the household, as deter mined by the United States Department of Housing and Urban Development; 3. "Middle income household" means a household that has an income of more than one hundred twenty percent (120%) of the area median income but no more than one hundred sixty percent (160%) of the area median income, adjusted for the size of the household, as determined by the United States Department of Housing and Urban Development; 4. "Moderate income household " means a household income of more than eighty percent (80%) of the area median income but no more than one hundred twenty percent (120%) of the area median income, adjusted for the size of the household, as determined by the United States Department of Housing and Urban Development; and 5. "Very low income household " means a household income of more than thirty percent (30%) of the area median inc ome but no more than fifty percent (50%) of the area median incom e, adjusted for the size of the household, as determined by the United States Department of Housing and Urban Development. Req. No. 9412 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. NEW LAW A new section of law to b e codified in the Oklahoma Statutes as Section 6302 of Title 74, unless there is created a duplication in numbering, reads as follows: A. There is hereby created the Oklahoma Affordable Housing Commission. The Commission shall be composed of nineteen (19) members. The members shall serve as follows: 1. Ten (10) members shall be appointed by the Governor : a. a representative of building service or construction trades, b. a real estate trade association representative, c. one shall be a representative f rom a Community Housing Development Corporation, as determined by the United States Department of Housing and Urban Development, whose first term shall be for two (2) years, and then renewable for three-year terms thereafter , d. one shall be the Executive Director of the Oklahoma Department of Commerce, or his or her designee, whose first term shall be for three (3) years , and then renewable for three one-year terms thereafter , e. one shall be an Oklahoma representative of the U nited States Department of Agriculture, f. one shall be a representative from a non-urban municipality with a proven track record of addres sing affordable housing issues, whose first term shall be Req. No. 9412 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 for three (3) years, and then renewable for three one - year terms thereafter, g. one shall be a representative from an urban municipality with expertise or exp erience in finding creative and equitable solutions to the current affordable housing crisis , whose first term shall be for three (3) years and then renewable for t hree one- year terms thereafter, h. one shall be a representative of an Oklahoma rural housing authority, and i. two persons shall be ap pointed at large and without any specific qualifications; 2. Four (4) members shall be appointed by the President Pro Tempore of the Oklahoma St ate Senate: a. one shall be a Senator who shall serve as co-chair of the Commission, b. one shall be a Senator who shall serve as co -vice- chair of the Commission , c. one shall be a representative of an American Indian Tribe who provides affordable housing in rural areas, whose first term shall be for one (1) year, and then renewable for three-year terms thereafter, and d. one shall be a representative from a low income and moderate to low income population-serving financial Req. No. 9412 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 institution (A CDFI as defined by the Federal Reserve) whose first term shall be for two (2) years, and then renewable for three-year terms thereafter; and 3. Five (5) members shall be appointed by the Speaker of the Oklahoma House of Representatives : a. one shall be a House member who shall serve as co- chair of the Commission, b. one shall be a House member who shall serve as co- vice-chair of the Commission , c. one shall be a representative from a not -for-profit organization who serves low -income Oklahomans experiencing difficulty in obt aining affordable housing, whose first term shall be for one (1) year, and then renewable for three-year terms thereafter, d. one of whom shall be a representative from an organization who assists special populations (elderly, disabled, veterans, children transitioning out of foster care) in obtaining affordable housing , whose first term shall be for two (2) years, and then renewable for three-year terms thereafter , and e. one shall be a representative from a non -urban housing authority. B. The Commission shall utilize the Oklahoma Affordable Housing Commission Revolving Fund as authorized in Section 3 of this act. Req. No. 9412 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The Commission shall utili ze the resources available to it in order to address the needs of extremely low income hou seholds, low income households, middle income households, moderate income households, and very low income households in order to promote a condition in which suitable housing is available to as many persons as possible. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 6303 of Title 74, unless there is created a duplication in numbering, reads as follows: A. There is hereby created in the State Treasury a revolving fund to be designated as th e "Oklahoma Affordable Housing Commission Revolving Fund", which shall consist of all monie s appropriated, transferred, or otherwise designated to the fund by law. The revolving fund shall be a continuing fund, not subject to fiscal year limitations, and shall be under the adm inistration of the Oklahoma Affordable Housing Commission and shall be budgeted and expended in accordance with the provisions of subsection B o f this section for the purpose of improving the stock and affordability of Oklahoma housing. B. No funds shall be budgeted or expended from the Oklahoma Affordable Housing Commission R evolving Fund prior to July 1, 2024, or prior to the approval by the Legislature of promulgated permanent rules by the Commission pursuant to the provisions of t he Administrative Procedures Act. Req. No. 9412 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The Oklahoma Affordable Housing Commission shall promulgate, pursuant to the provisions of the Administrative Procedures Act, permanent rules subject to approval by the Legislature, to implement: 1. An initial comprehensive Oklahoma Afford able Housing environmental scan and needs assessment; 2. A comprehensive Oklahoma Affordable Housing annual report and action plan; 3. Details of the Commission 's general duties; 4. Reporting requirements of the Commission to the Legislature; 5. Evaluate and make recommendations to the Legislature on abatement and exemption inc entives to support the development of more affordable housing; and 6. Any other rules necessary to carry out the purpose and mission of the Commission as expressed in this act. D. All unencumbered funds remaining in the Oklahoma Affordable Housing Commission Revolving Fund upon the expiration of the Oklahoma Affordable Housing Commission shall be transferred to the State Treasurer for deposit in the General Revenue Fund. SECTION 4. This act shall become effective July 1, 2024. SECTION 5. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby Req. No. 9412 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 59-2-9412 MAH 01/17/24