AB 1878

Bill Subjects

Abstract

Existing law sets forth the general responsibilities and roles of the Business, Consumer Services, and Housing Agency, the Department of Housing and Community Development (department) , and the California Housing Finance Agency in carrying out state housing policies and programs. Existing law, the G. David Singleton California Indian Assistance Program, requires the department to provide comprehensive technical assistance to tribal housing authorities, housing sponsors, and governmental agencies on reservations, rancherias, and on public domain to facilitate the planning and orderly development of suitable, decent, safe, and sanitary housing for American Indians residing in these areas. Upon request of the governing body of a reservation or rancheria, existing law authorizes the department to act on behalf of the tribal housing authority and perform the functions thereof. This bill would remove the authority for the department to act on behalf of the tribal housing authority. The bill would also require the department to provide comprehensive technical assistance to tribes, designated tribal housing entities, and tribal housing departments on reservations, rancherias, and on public domain, and tribes that want to participate in tribal housing grant programs on fee simple land. The bill would additionally require the department to provide comprehensive technical assistance to facilitate the planning and orderly development of suitable, decent, safe, and sanitary housing for American Indians residing within a tribe's designated service area, as defined by the tribe. The bill would require the department to provide outreach, education, and comprehensive technical assistance to tribes, tribal housing authorities, tribally designated housing entities, housing departments of a tribe, housing sponsors, and governmental agencies on reservations, rancherias, and on public domain in the development of tribal housing grant programs, and before, during, and after the grant application process. The bill would require data collected pursuant to these provisions to be kept confidential and not subject to public disclosure. Existing law authorizes the department to modify or waive various requirements of any state financing being provided to a housing development by the department in specified situations, if tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure would cause a violation or not satisfy the requirements for the financing. Existing law authorizes the department to waive, among other things, target population percentage requirements, not to exceed a change of more than 5% of any amount expressly set forth in statute and affordability levels, and unit mix requirements, not to exceed a change of more than 5% of any amount expressly set forth in statute. This bill would change the limitations on the department's authority to waive the target population percentage requirements and affordability levels and unit mix requirements, as specified. The bill would additionally authorize the department to waive, among other things, timeline requirements, service area requirements, fund matching requirements, shovel-ready project requirements, requirements related to housing elements and housing plans, and income limits. To provide assistance with these waivers, the bill would require the department to, among other things, assign each waiver or modification request submitted a reference number and post on its internet website a waiver or modification request submitted to the department, including the nature of the waiver or modification request and the reference number. The bill would authorize the Director of the department or designee to incorporate a waiver or modification into any of the department's state financing programs if the department makes a specified determination. This bill would require the department to take specified actions with respect to loans made by the department to tribal sponsors. This bill would create in the department the Tribal Housing Grant Program Trust Fund Advisory Committee, upon appropriation by the Legislature. The bill would require the committee to be composed of, among others, members who are representatives of federally recognized tribal governments and have knowledge, experience, and expertise in the area of tribal housing, tribal land, tribal government, tribal policy, and tribal law, as specified. The bill would require the department to appoint members to the committee and to take into account geographic diversity and proven quality experience and expertise in tribal housing when appointing members to be on the committee. The bill would, subject to funding availability, authorize specified members to receive per diem and expense reimbursements, as specified, and would provide that the per diem and expense reimbursements shall not be deemed to be gross income, as specified. This bill would require the committee, among other things, to identify and report annually to the department specified information, including barriers that exist for tribes when applying for funds from a specified fund. The bill would require the department to provide input and guidance to assist in the creation of a standard grant agreement to be used by the department for a specified program. The bill would provide that these provisions only take effect upon sufficient funds appropriated from the Legislature to implement these provisions, as specified. This bill would require the department, to the extent practicable, to include its designated tribal liaison or their designee in discussions with tribes that are eligible recipients of state funds. The bill would require the designated tribal liaison and their designee to complete a culturally competent training course before engaging in these discussions with tribes, as specified. The bill would prohibit the department from requiring a tribe that is an eligible recipient of state funding to waive tribal sovereign immunity in order to access funds, as specified. The Personal Income Tax Law, in modified conformity with federal law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. This bill would provide that gross income does not include any payment received by an individual pursuant to the provisions described above, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.