California 2019-2020 Regular Session Status: To Executive 8 D cosponsors

SB 5 — Affordable Housing and Community Development Investment Program.

Last action — Veto sustained.

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

This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, subject to certain modifications. Existing law requires an annual reallocation of property tax revenue from local agencies in each county to the Educational Revenue Augmentation Fund (ERAF) in that county for allocation to specified educational entities. Existing law authorizes certain local agencies to form an enhanced infrastructure financing district, affordable housing authority, transit village development district, or community revitalization and investment authority for purposes of, among other things, infrastructure, affordable housing, and economic revitalization. This bill would establish in state government the Affordable Housing and Community Development Investment Program, which would be administered by the Affordable Housing and Community Development Investment Committee. The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. The bill would also authorize certain local agencies to establish an affordable housing and community development investment agency and authorize an agency to apply for funding under the program and issue bonds, as provided, to carry out a project under the program. The bill would require the Affordable Housing and Community Development Investment Committee to adopt guidelines for plans. Subject to the Legislature enacting a budget bill for the applicable fiscal year that specifies the amount for the committee to allocate pursuant to the program, the bill would require the committee to approve no more than $200,000,000 per year from July 1, 2021, to June 30, 2026, and $250,000,000 per year from July 1, 2026, to June 30, 2030, in transfers from a county's ERAF for applicants for plans approved pursuant to this program. This bill would provide that eligible projects include, among other things, the predevelopment, development, acquisition, rehabilitation, and preservation of workforce and affordable housing, certain transit-oriented development, and projects promoting strong neighborhoods. The bill would require the Affordable Housing and Community Development Investment Committee, upon approval of a plan and subject to specified conditions, to issue an order directing the county auditor to transfer an amount of ad valorem property tax revenue that is equal to the affordable housing and community development investment amount approved by the committee, except as provided, from the county's ERAF. The bill would require the county auditor to either deposit that amount into the Affordable Housing and Community Development Investment Fund, which this bill would create in the treasury of each county, or, if the applicant is a specified type of authority or special district to transfer to the city or county that created the authority or district an amount of property tax revenue equal to the amount approved by the Affordable Housing and Community Development Investment Committee for that authority or district. The bill would require the city or county that created the district to, upon receipt, transfer those funds to the authority or district in an amount equal to the affordable housing and community development investment amount for that authority or district. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would authorize applicants to use approved amounts to incur debt or issue bonds or other financing to support an approved project. The bill also would require each applicant that has received funding to submit annual reports, as specified, and would require the Affordable Housing and Community Development Investment Committee to provide a report to the Joint Legislative Budget Committee, if it approves funding under the program, that includes certain project information. Section 8 of Article XVI of the California Constitution sets forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts for each fiscal year. This bill would require the Director of Finance to adjust the percentage of General Fund revenues appropriated for school districts and community college districts for these purposes in a manner that ensures that the transfers from a county's ERAF pursuant to the Affordable Housing and Community Development Investment Program have no net fiscal impact upon the total amount of the General Fund revenue and local property tax revenue allocated to school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Veto sustained.

  2. Stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 4 p.m.

  6. Assembly amendments concurred in. (Ayes 29. Noes 9. Page 2845.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 55. Noes 19. Page 3313.) Ordered to the Senate.

  9. Ordered to third reading.

  10. Read third time and amended.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 12. Noes 6.) (August 30).

  13. Coauthors revised.

  14. August 21 set for first hearing. Placed on APPR. suspense file.

  15. Read second time and amended. Re-referred to Com. on APPR.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 10).

  17. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 1.) (July 3). Re-referred to Com. on L. GOV.

  18. Coauthors revised.

  19. Assembly Rule 56 suspended.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

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

  22. In Assembly. Read first time. Held at Desk.

  23. Read third time. Passed. (Ayes 31. Noes 4. Page 1362.) Ordered to the Assembly.

  24. Read second time. Ordered to third reading.

  25. Ordered to second reading.

  26. Read third time and amended.

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

  28. From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1086.) (May 16).

  29. Set for hearing May 16.

  30. April 29 hearing: Placed on APPR. suspense file.

  31. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  32. Set for hearing April 29.

  33. April 22 set for first hearing canceled at the request of author.

  34. Set for hearing April 22.

  35. Read second time and amended. Re-referred to Com. on APPR.

  36. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 551.) (April 2).

  37. Set for hearing April 2.

  38. Read second time and amended. Re-referred to Com. on HOUSING.

  39. From committee: Do pass as amended and re-refer to Com. on HOUSING. (Ayes 6. Noes 0. Page 384.) (March 20).

  40. March 20 set for first hearing. Reconsideration of favorable vote granted.

  41. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  42. Set for hearing March 20.

  43. Referred to Coms. on GOV. & F. and HOUSING.

  44. From printer. May be acted upon on or after January 3.

  45. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 16 co-sponsors · 105 not signed on · 11 voted No

Sponsors (1)

  • Beall

Co-sponsors (16)

Not signed on (105)

105 members have not signed on to this bill.

Show all 105 →

"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

Unfinished Business SB5 Beall et al. Concurrence

Passed 29 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 19602
Democratic 10000
Republican 0300
Total 29902
% of votes cast 73%23%0%5%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Borgeas — Not Voting
Moorlach — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 5 Beall Senate Third Reading By Mullin

Passed 55 Yea · 19 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 351304
Democratic 20101
Republican 0500
Total 551905
% of votes cast 70%24%0%6%
How each member voted (79)
Member Party Vote
Salas — Yea
Frazier — Yea
Cooley — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Diep — Nay
Voepel — Nay
Obernolte — Nay
Melendez — Nay
Waldron — Nay
Burke — Not Voting
Smith — Not Voting
McCarty — Not Voting
Gonzalez — Not Voting
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Nazarian — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Fong — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Mathis — Nay
Bigelow — Nay
Cunningham — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 7600
Total 12600
% of votes cast 67%33%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Chau — Yea
Fong — Nay
Obernolte — Nay
Brough — Nay
Quirk — Nay
Bigelow — Nay
Diep — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 2001
Democratic 4000
Republican 0001
Total 6002
% of votes cast 75%0%0%25%
How each member voted (8)
Member Party Vote
Bloom — Yea
Gonzalez — Yea
Voepel — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Boerner, Tasha Democratic Yea
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Lackey, Tom Republican Not Voting

Official roll call →

3rd Reading SB5 Beall et al.

Passed 31 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 22203
Democratic 9000
Republican 0200
Total 31403
% of votes cast 82%11%0%8%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Nielsen — Yea
Pan — Yea
Morrell — Nay
Chang — Not Voting
Bates — Not Voting
Moorlach — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 0100
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Hill — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 4101
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Wieckowski — Yea
Bates — Yea
Roth — Yea
Skinner — Yea
Morrell — Nay
Moorlach — Not Voting
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 5 do?
Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenue to local jurisdictions in accordance with specified formulas and procedures, subject to certain modifications. Existing law requires an annual reallocation of property tax revenue from local agencies in each county to the Educational Revenue Augmentation Fund (ERAF) in that county for allocation to specified educational entities. Existing law authorizes certain local agencies to form an enhanced infrastructure financing district, affordable housing authority, transit village development district, or community revitalization and investment authority for purposes of, among other things, infrastructure, affordable housing, and economic revitalization. This bill would establish in state government the Affordable Housing and Community Development Investment Program, which would be administered by the Affordable Housing and Community Development Investment Committee. The bill would authorize a city, county, city and county, joint powers agency, enhanced infrastructure financing district, affordable housing authority, community revitalization and investment authority, transit village development district, or a combination of those entities, to apply to the Affordable Housing and Community Development Investment Committee to participate in the program and would authorize the committee to approve or deny plans for projects meeting specific criteria. The bill would also authorize certain local agencies to establish an affordable housing and community development investment agency and authorize an agency to apply for funding under the program and issue bonds, as provided, to carry out a project under the program. The bill would require the Affordable Housing and Community Development Investment Committee to adopt guidelines for plans. Subject to the Legislature enacting a budget bill for the applicable fiscal year that specifies the amount for the committee to allocate pursuant to the program, the bill would require the committee to approve no more than $200,000,000 per year from July 1, 2021, to June 30, 2026, and $250,000,000 per year from July 1, 2026, to June 30, 2030, in transfers from a county's ERAF for applicants for plans approved pursuant to this program. This bill would provide that eligible projects include, among other things, the predevelopment, development, acquisition, rehabilitation, and preservation of workforce and affordable housing, certain transit-oriented development, and projects promoting strong neighborhoods. The bill would require the Affordable Housing and Community Development Investment Committee, upon approval of a plan and subject to specified conditions, to issue an order directing the county auditor to transfer an amount of ad valorem property tax revenue that is equal to the affordable housing and community development investment amount approved by the committee, except as provided, from the county's ERAF. The bill would require the county auditor to either deposit that amount into the Affordable Housing and Community Development Investment Fund, which this bill would create in the treasury of each county, or, if the applicant is a specified type of authority or special district to transfer to the city or county that created the authority or district an amount of property tax revenue equal to the amount approved by the Affordable Housing and Community Development Investment Committee for that authority or district. The bill would require the city or county that created the district to, upon receipt, transfer those funds to the authority or district in an amount equal to the affordable housing and community development investment amount for that authority or district. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would authorize applicants to use approved amounts to incur debt or issue bonds or other financing to support an approved project. The bill also would require each applicant that has received funding to submit annual reports, as specified, and would require the Affordable Housing and Community Development Investment Committee to provide a report to the Joint Legislative Budget Committee, if it approves funding under the program, that includes certain project information. Section 8 of Article XVI of the California Constitution sets forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts for each fiscal year. This bill would require the Director of Finance to adjust the percentage of General Fund revenues appropriated for school districts and community college districts for these purposes in a manner that ensures that the transfers from a county's ERAF pursuant to the Affordable Housing and Community Development Investment Program have no net fiscal impact upon the total amount of the General Fund revenue and local property tax revenue allocated to school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 5?
SB 5 is sponsored by Beall, McGuire, Mike (Democratic), Portantino, Roth, Bradford, Caballero, Anna M. (Democratic), Hueso, Stern, Henry I. (Democratic), Wiener, Scott D. (Democratic), Aguiar-Curry, Cecilia M. (Democratic), Kalra, Ash (Democratic), Mullin, Wicks, Buffy (Democratic), Gabriel, Jesse (Democratic), Gloria, Santiago, and Wendy Carrillo.
What is the current status of SB 5?
This bill died with 2019-2020 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5?
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