AB 1816 — Housing.

Summary

(1) Existing law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development, which satisfies specified objective planning standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. Existing law requires, among other objective planning standards, that the development be subject to a minimum percentage of below market rate housing on the basis that the locality failed to submit its latest production report by the applicable time period and that report reflecting that there were fewer units of above moderate-income housing or housing affordable to households making below 80% of area median income that were issued building permits than what was required to meet the locality's regional housing needs assessment for that reporting period. This bill would modify this objective planning standard by requiring that the production report submitted by the locality reflect that there were both fewer units of affordable housing for persons of above moderate income and for persons making 80% of the area median income issued building permits than were required for the locality to meet its regional housing needs assessment for that reporting period. The bill would make other clarifying changes to these provisions. (2) Existing law requires that the objective planning standards described above include that the development is not located on a site that is within either a flood plain as determined by maps promulgated by the Federal Emergency Management Agency unless the development has been issued a flood plain development permit, or that the site is not located within a floodway as determined by maps promulgated by the Federal Emergency Management Agency unless the development has received a no-rise certification in accordance with specified federal requirements. This bill would modify the above provisions to provide that the development may not be located on a site that is within either a special flood hazard area that is determined by the Federal Emergency Management Agency (FEMA) to be subject to inundation by the 1% annual chance flood unless that site has been subject to a letter of map revision prepared by FEMA and issued to the local government or the site meets FEMA requirements necessary to meet minimum flood plain management criteria, or be located within a regulatory floodway as determined by FEMA in any official map unless the no-rise certification has been received. The bill would provide that if a development proponent meets all applicable federal qualifying criteria and is otherwise eligible for streamlined approval, then a local government is prohibited from denying an application on the basis that the development proponent did not comply with additional requirements adopted by the local government that are applicable to that site. (3) Existing law requires the objective planning standards described above to include that the development certify to the locality that a skilled and trained workforce will be used to complete the development, if the development meets certain standards and depending on when the application is approved, including that if the application for the development is approved between January 1, 2020, and December 31, 2021, and the development consists of more than 50 units and is located in a jurisdiction that meets specified requirements, or if the application for the development is approved between January 1, 2022, and December 31, 2025, and the development consists of more than 25 units and is located in a jurisdiction that meets specified requirements. This bill would modify those provisions by requiring a skilled and trained workforce to be used if the application for the development is approved between January 1, 2020, and December 31, 2021, and the development consists of more than 50 units that are not 100% subsidized affordable housing, or if the application for the development is approved between January 1, 2022, and December 31, 2025, and the development consists of more than 25 units that are not 100% subsidized affordable housing. (4) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements specified projects or activities, including an action taken by the Department of Housing and Community Development or the California Housing Finance Agency to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as defined, if the project that is the subject of the application for financial assistance or insurance will be reviewed pursuant to CEQA by another public agency. This bill would provide that CEQA does not apply to an action taken by a state agency or local government to provide financial assistance to a development that was approved for streamlined approval pursuant to the provisions described above to be used for housing for persons and families of very low, low, or moderate income. (5) Existing law, the Building Homes and Jobs Act, establishes the Building Homes and Jobs Trust Fund and, upon appropriation by the Legislature, allocates 50% of the moneys in that fund that are collected on and after January 1, 2018, and before December 31, 2018, to the Department of Housing and Community Development to assist persons experiencing or at risk of homelessness, as provided. This bill would require the department to allocate $5,000,000 from the money in the Building Homes and Jobs Trust Fund that is to be used to assist persons experiencing homelessness described above to the Bridges at Kraemer Place emergency shelter in Orange County, and another $5,000,000 from those moneys to the County of Merced, to create a homeless navigation center, as provided. The bill would require the department to allocate 50% of any funds remaining from that amount to the California Emergency Solutions and Housing Program, described below, and the remaining 50% to the Housing for a Healthy California Program. (6) Existing law, the California Emergency Solutions Grants Program, requires the department to make grants under the program to qualifying subrecipients to implement activities that address the needs of homeless individuals and families and assist them to regain stability in permanent housing as quickly as possible. Existing law, the Budget Act of 2016, made appropriations for the support of state government for the 2016–17 fiscal year, including a transfer of $45,000,000 to the Emergency Housing and Assistance Fund to be used for support costs and local assistance associated with administering the California Emergency Solutions Grant Program. This bill would establish the California Emergency Solutions and Housing Program, and would authorize the department to issue a notice of funding availability, which would be exempted from the rulemaking requirements of the Administrative Procedure Act, for specified administrative entities to request funding for eligible activities relating to homelessness within specified Continuum of Care service areas by submitting an application in response to a notice of funding availability that would be required to meet certain minimum requirements. The bill would require the department to allocate the above-described moneys in the Building Homes and Jobs Trust Fund, upon appropriation of those moneys, and any moneys that have not yet been made available pursuant to a notice of funding availability or request for proposal as of June 30, 2018, from the above-described moneys appropriated for the Emergency Solutions Grant Program by the Budget Act of 2016 for expenditure by an administrative entity within each Continuum of Care service area for the purposes of this program. By authorizing the use of previously appropriated funds for a new purpose, the bill would make an appropriation. The bill would require the department to allocate those funds using a formula that is based off of the formula utilized for the allocation of grants pursuant to the California Emergency Solutions Grants Program, and that includes specified additional formula components. The bill would require that funds not distributed after the initial round of awards be reallocated among all Continuum of Care service areas with a participating administrative entity in accordance with the allocation formula in a subsequent notice of funding availability and that funds not distributed after that 2nd round of awards revert to be used for the Multifamily Housing Program, which is funded by the Housing Rehabilitation Loan Fund, a continuously appropriated fund. By authorizing additional money to be deposited into a continuously appropriated fund, this bill would make an appropriation. The bill would require an administrative entity receiving funds to enter into a contract with the department with a term of 5 years and would further require that any funds not expended for eligible activities upon expiration of the contract revert to be used for the Multifamily Housing Program, which is funded by the Housing Rehabilitation Loan Fund, a continuously appropriated fund. By authorizing additional money to be deposited into a continuously appropriated fund, this bill would make an appropriation. The bill would require the administrative entity to submit an annual report to the department pertaining to the administrative entity's program or project selection process performed in collaboration with the Continuum of Care, contract expenditures, and progress toward meeting state and local goals as demonstrated by the performance measures set forth in the application. The bill would authorize the department to request a repayment of funds from an administrative entity or to pursue any other remedies available by law for failure to comply with program requirements. (7) Existing law requires the Department of Housing and Community Development, through its Office of Migrant Services, to assist in the development, construction, reconstruction, rehabilitation, or operation of migrant farm labor centers, as provided. Existing law authorizes the Director of Housing and Community Development to contract with specified local public and private entities, including school districts and housing authorities, for the procurement or construction of housing or shelter and to obtain specified services for migratory agricultural workers. Under existing law, the department designates a period of 180 days each calendar year during which migrant farm labor centers are open to migratory agricultural workers and their families for occupancy, as specified. This bill would, until January 1, 2024, require a migratory agricultural worker that is eligible for housing pursuant to these provisions to reside outside a 50-mile radius of the migrant farm labor center for at least 3 months out of the preceding 6 month period, as specified. The bill would, until January 1, 2024, additionally require the department to approve a proposal by an entity operating a migrant farm labor center meeting certain requirements, including, among other things, that the proposal provides for up to 50% of the units at the migrant farm labor center to be exempt from the requirement to reside outside a 50-mile radius of the migrant farm labor center for at least 3 months out of the preceding 6 months, the proposal requires nonmigratory agricultural workers who are exempt from the above-described residency requirement to have schoolage children, and the proposal reserves at least 50% of the units at the migrant farm labor center for migratory agricultural workers who require round-trip travel exceeding 100 miles per day, as specified. The bill would also require an entity operating a migrant farm labor center to provide a report, on or before January 1, 2019, and annually thereafter, to the Office of Migrant Services that contains specified data about the agricultural workers that resided at the migrant farm labor center during the most recently concluded contract period, as specified. (8) Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, homeless youth emergency service pilot projects, and Housing First, and the Homeless Coordinating and Financing Council to provide assistance to homeless persons. This bill would establish the Homeless Emergency Aid program for the purpose or providing localities with one-time flexible block grant funds to address their immediate homelessness challenges. The bill would require the Business, Consumer Services, and Housing Agency to administer the program in consultation with the Homeless Coordinating and Financing Council and exempt the agency from the rulemaking provisions of the Administrative Procedure Act for these purposes. The bill, upon appropriation by the Legislature, would require the agency to allocate a total of $500,000,000 among administrative entities, defined to include a unit of general purpose local government or a nonprofit organization that meet specified requirements, with $250,000,000 allocated according to groupings based on homeless point-in-time counts determined pursuant to specified federal law, $100,000,000 allocated based on the administrative entity's proportionate share of total homeless population, and $150,000,000 allocated to cities or cities that are also counties that meet specified requirements. The bill would require the agency to make a first round of awards by January 31, 2019, a 2nd round of awards by May 31, 2019, if any funds remain unallocated following the first round, and to work with the Department of Finance to identify an appropriate allocation methodology for a 3rd round of awards, or to determine if any unallocated funds should revert to the General Fund, if any funds remain unallocated following the 2nd round. The bill would require an administrative entity, in order to be eligible for funding, to meet certain requirements including that the jurisdiction or jurisdictions represented by the administrative entity have declared a shelter crisis pursuant to specified law, unless the agency approves a waiver of this requirement, as provided. The bill would require award recipients to expend program funds on one-time uses that address homelessness, including, but not limited to, prevention, criminal justice diversion programs to homeless individuals with mental health needs, and emergency aid, and to submit a report to the agency by January 1, 2020, pertaining to contract expenditures, the number of homeless individuals served by program funds, and progress toward state and local homelessness goals. The bill would require that at least 50% of program funds be contractually obligated by January 1, 2020, and 100% of program funds contractually obligated by June 30, 2021, and further require that any unexpended funds as of the latter date be returned to the agency and revert to the General Fund. The bill would authorize the agency to request a repayment of funds from an administrative entity, or to pursue any other remedies available by law for failure to comply with program requirements. (9) Existing law requires the Governor to create the Homeless Coordinating and Financing Council to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. Existing law requires the Governor to appoint up to 15 members of the council, including representatives from specified state agencies and departments and state advocates or other members of the public or state agencies, according to the Governor's discretion. Existing law requires the Department of Housing and Community Development to provide staff for the council. This bill would require that the Governor appoint up to 17 members of the council and that the members include the Secretary of Business, Consumer Services, and Housing, or his or her designee, to serve as chair of the council, a representative from the Department of Transportation, and a formerly homeless youth who lives in California. The bill would also require that the Business, Consumer Services, and Housing Agency to staff the council rather than the Department of Housing and Community Development. The bill would provide for an executive director of the council under the direction of the Business, Consumer Services, and Housing Agency. (10) This bill would make legislative findings and declarations as to the necessity of a special statute for the Bridges at Kraemer Place emergency shelter and the County of Merced. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Amended 06/11/18 - Amended Senate Current pdf June 11, 2018
• Introduced 01/10/18 - Introduced pdf January 10, 2018
• AB1816 View text html

Action History

1. July 05, 2018

   Ordered to inactive file at the request of Senator Mitchell.

2. June 13, 2018

   Read second time. Ordered to third reading.

3. June 13, 2018

   From committee: Do pass. (Ayes 13. Noes 4.) (June 13).

4. June 11, 2018

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

5. May 24, 2018

   Referred to Com. on B. & F.R.

6. May 10, 2018

   In Senate. Read first time. To Com. on RLS. for assignment.

7. May 10, 2018

   Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 22. Page 5102.)

8. May 08, 2018

   Read second time. Ordered to third reading.

9. May 07, 2018

   Ordered to second reading.

10. May 07, 2018

    Withdrawn from committee.

11. May 07, 2018

    Assembly Rule 96 suspended. (Ayes 46. Noes 18. Page 5026.)

12. January 29, 2018

    Referred to Com. on BUDGET.

13. January 11, 2018

    From printer. May be heard in committee February 10.

14. January 10, 2018

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects