California 2017-2018 Regular Session Status: Enacted

AB 2035 — Affordable housing authorities.

Last action — Chaptered by Secretary of State - Chapter 862, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a city, county, or city and county to adopt a resolution creating an affordable housing authority with powers limited to providing low- and moderate-income housing and affordable workforce housing, as provided, by means of tax increment financing. Existing law defines various terms for these purposes. This bill would additionally define the terms "authorizing resolution" and "property tax increment" for these purposes. The bill would additionally revise these provisions to limit the authority to providing low- and moderate-income housing and affordable housing, as specified. Existing law sets forth the composition of the governing board of an authority created pursuant to these provisions and requires the governing board to be an odd number with at least 5 or 7 members, at least 3 of which are required to be appointed by the legislative body of the city or county, as specified. This bill would, in the case of an authority created by a city and county, require the governing board to include appointments made by the mayor in the same number as are appointed by the legislative body of the city and county, as specified. Existing law authorizes specified local entities to adopt a resolution to provide property tax increment revenues to the authority. Existing law requires that housing funds expended by an authority be spent in proportion to the share of the regional housing need allocated to the city, county, or city and county for income categories for low, very low, and moderate-income housing. This bill would require the resolution provision for receipt of property tax increment to become effective in the property tax year that begins after the December 1 immediately following the adoption of a resolution to provide property tax revenues to the authority. The bill would additionally authorize the repeal of the resolution by giving the county auditor-controller at least 90 days' notice prior to the end of the current fiscal year, as specified. The bill would establish alternative purposes for which housing funds may be spent, including expending all housing funds for the development of very low income housing or for one or more activities relating to the rehabilitation, expansion, or construction of emergency shelters, supportive housing, or transitional housing, or a combination of that development and one or more of those activities. The bill would also require the county auditor-controller to deduct any costs incurred by the county in administering these provisions, prior to distributing property tax increment to the authority. Existing law additionally authorizes specified local entities to adopt a resolution allocating other tax revenues to the authority, subject to certain requirements. This bill would authorize the repeal of this resolution, as specified. Existing law authorizes an authority to take specified actions, including issuing bonds in conformity with provisions governing the issuance of general obligation bonds. This bill would additionally authorize an authority to issue bonds in conformity with the Housing Authorities Law and to finance water, sewer, or other public infrastructure necessary to support the development of affordable housing. Existing law requires the authority to contract for an independent audit every 5 years beginning in the calendar year in which the authority has allocated a cumulative total of more than $1,000,000 in property tax revenues or other revenues, including any proceeds of a debt issuance, as specified. This bill would instead require an authority to contract for an independent audit commencing in the calendar year in which the authority has been allocated a cumulative total of more than $1,000,000 in revenues, including any proceeds of a debt issuance, and annually thereafter. The bill would additionally require any proceeding to attack, review, set aside, void, or annul the creation of an authority, the adoption of an affordable housing plan, the allocation of tax revenues to an authority, or the issuance of bonds by an authority to be commenced within 30 days of the enactment of the resolution authorizing the action.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 862, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 25. Page 6806.).

  5. Assembly Rule 77 suspended. (Page 6773.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11. Page 5904.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 10. Noes 3.) (July 3).

  14. From committee: Do pass and re-refer to Com. on T. & H. (Ayes 5. Noes 0.) (June 20). Re-referred to Com. on T. & H.

  15. Referred to Coms. on GOV. & F. and T. & H.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 23. Page 5513.)

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (May 9).

  21. Re-referred to Com. on H. & C.D.

  22. Read second time and amended.

  23. From committee: Amend, and do pass as amended and re-refer to Com. on H. & C.D. (Ayes 6. Noes 3.) (April 11).

  24. Re-referred to Com. on L. GOV.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  26. Referred to Coms. on L. GOV. and H. & C.D.

  27. From printer. May be heard in committee March 9.

  28. Read first time. To print.

Sponsors

  • Frazier · Cosponsor
  • Mullin · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 12 voted No

Sponsors (1)

  • Mullin

Co-sponsors (1)

  • Frazier

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2035 MULLIN Concurrence in Senate Amendments

Passed 54 Yea · 25 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 15100
Unaffiliated 391801
Republican 0600
Total 542501
% of votes cast 68%31%0%1%
How each member voted (80)
Member Party Vote
Kiley — Nay
Levine — Yea
Low — Yea
Mathis — Not Voting
McCarty — Yea
Quirk — Yea
Thurmond — Yea
Waldron — Nay
Weber — Yea
Eggman — Yea
Burke — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Gonzalez Fletcher — Yea
Cooper — Yea
Frazier — Yea
Friedman — Yea
Salas — Yea
Gloria — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Rubio — Yea
Kamlager-Dove — Yea
Rivas — Yea
Mayes — Nay
Fong — Nay
Medina — Yea
Melendez — Nay
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Rodriguez — Yea
Acosta — Nay
Bloom — Yea
Brough — Nay
Santiago — Yea
Ting — Yea
Voepel — Nay
Wood — Yea
Harper — Nay
Maienschein — Nay
Chávez — Nay
Cunningham — Nay
Obernolte — Nay
Steinorth — Nay
Baker — Nay
Bigelow — Nay
Cooley — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB2035 Mullin et al. By Wieckowski

Passed 26 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221003
Democratic 4100
Total 261103
% of votes cast 65%28%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Bradford — Yea
Hertzberg — Yea
Pan — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Dodd — Yea
Fuller — Nay
Galgiani — Yea
Cannella — Yea
Glazer — Yea
Hernandez — Yea
Chang — Nay
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
De León — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Roth — Yea
Delgado — Not Voting
Bates — Nay
Moorlach — Not Voting
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 10 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8300
Democratic 2000
Total 10300
% of votes cast 77%23%0%0%
How each member voted (13)
Member Party Vote
Morrell — Nay
Roth — Yea
Vidak — Nay
Cannella — Yea
Galgiani — Yea
Allen — Yea
Beall — Yea
Dodd — Yea
Skinner — Yea
Wieckowski — Yea
Beth Gaines — Nay
McGuire, Mike Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2035 MULLIN Assembly Third Reading

Passed 54 Yea · 23 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 401601
Democratic 14100
Republican 0600
Total 542301
% of votes cast 69%29%0%1%
How each member voted (78)
Member Party Vote
Acosta — Nay
Baker — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Kamlager-Dove — Yea
Mathis — Nay
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Steinorth — Yea
Thurmond — Yea
Wood — Yea
Eggman — Yea
Frazier — Yea
Gloria — Yea
Low — Yea
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Gonzalez Fletcher — Yea
Salas — Yea
Burke — Yea
Gray — Yea
Chau — Yea
Chu — Yea
Daly — Yea
Rubio — Yea
Fong — Nay
Friedman — Yea
Holden — Yea
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Maienschein — Yea
Mayes — Not Voting
McCarty — Yea
Melendez — Nay
Obernolte — Nay
Chiu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Yea
Cunningham — Nay
Rendon — Yea
Voepel — Nay
Waldron — Nay
Bigelow — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 5000
Republican 0100
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Chau — Yea
Chiu — Yea
Maienschein — Yea
Wood — Yea
Gloria — Yea
Limón, Monique Democratic Yea
Choi, Steven S. Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Housing and Community Development]

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 3200
Republican 0100
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Bloom — Yea
Voepel — Nay
Waldron — Nay
Cooley — Yea
Gloria — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Caballero, Anna M. Democratic Yea
Grayson, Timothy S. Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 2035 do?
Existing law authorizes a city, county, or city and county to adopt a resolution creating an affordable housing authority with powers limited to providing low- and moderate-income housing and affordable workforce housing, as provided, by means of tax increment financing. Existing law defines various terms for these purposes. This bill would additionally define the terms "authorizing resolution" and "property tax increment" for these purposes. The bill would additionally revise these provisions to limit the authority to providing low- and moderate-income housing and affordable housing, as specified. Existing law sets forth the composition of the governing board of an authority created pursuant to these provisions and requires the governing board to be an odd number with at least 5 or 7 members, at least 3 of which are required to be appointed by the legislative body of the city or county, as specified. This bill would, in the case of an authority created by a city and county, require the governing board to include appointments made by the mayor in the same number as are appointed by the legislative body of the city and county, as specified. Existing law authorizes specified local entities to adopt a resolution to provide property tax increment revenues to the authority. Existing law requires that housing funds expended by an authority be spent in proportion to the share of the regional housing need allocated to the city, county, or city and county for income categories for low, very low, and moderate-income housing. This bill would require the resolution provision for receipt of property tax increment to become effective in the property tax year that begins after the December 1 immediately following the adoption of a resolution to provide property tax revenues to the authority. The bill would additionally authorize the repeal of the resolution by giving the county auditor-controller at least 90 days' notice prior to the end of the current fiscal year, as specified. The bill would establish alternative purposes for which housing funds may be spent, including expending all housing funds for the development of very low income housing or for one or more activities relating to the rehabilitation, expansion, or construction of emergency shelters, supportive housing, or transitional housing, or a combination of that development and one or more of those activities. The bill would also require the county auditor-controller to deduct any costs incurred by the county in administering these provisions, prior to distributing property tax increment to the authority. Existing law additionally authorizes specified local entities to adopt a resolution allocating other tax revenues to the authority, subject to certain requirements. This bill would authorize the repeal of this resolution, as specified. Existing law authorizes an authority to take specified actions, including issuing bonds in conformity with provisions governing the issuance of general obligation bonds. This bill would additionally authorize an authority to issue bonds in conformity with the Housing Authorities Law and to finance water, sewer, or other public infrastructure necessary to support the development of affordable housing. Existing law requires the authority to contract for an independent audit every 5 years beginning in the calendar year in which the authority has allocated a cumulative total of more than $1,000,000 in property tax revenues or other revenues, including any proceeds of a debt issuance, as specified. This bill would instead require an authority to contract for an independent audit commencing in the calendar year in which the authority has been allocated a cumulative total of more than $1,000,000 in revenues, including any proceeds of a debt issuance, and annually thereafter. The bill would additionally require any proceeding to attack, review, set aside, void, or annul the creation of an authority, the adoption of an affordable housing plan, the allocation of tax revenues to an authority, or the issuance of bonds by an authority to be commenced within 30 days of the enactment of the resolution authorizing the action.
Who sponsors AB 2035?
AB 2035 is sponsored by Frazier and Mullin.
What is the current status of AB 2035?
This bill has been enacted into law. Introduced February 06, 2018. Enacted.
Where can I track AB 2035?
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