CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1010

Author:(Eduardo Garcia)

As Amended Ver:September 5, 2019

2/3 vote

SUMMARY:

Makes the governing body of Indian reservations and Rancherias eligible to receive funding from various state affordable housing programs.

The Senate Amendments:

Provide that where provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure would cause a violation or not satisfy the financing requirements of any state program administered by the Department of Housing and Community Development (HCD), the requirements may be modified as necessary to ensure program compatibility, as specified.

COMMENTS:

HCD used to operate a program to provide technical assistance to Indian reservations and Rancherias to provide assistance in planning for affordable housing. This bill would appropriate funding for one full-time position for the program and name the program the "G. David Singleton California Indian Assistance Program." G. Dave Singleton passed way in September of 2018. According to his obituary, he "served as a human rights advocate for Native American, Latino, and African American communities for over 60 years in New York, Alabama, and California." This bill would make the governing board of an Indian reservation or Rancheria eligible to receive funding from the: Joe Serna, Jr. Farmworker Housing Program, the Predevelopment Loan Program, Local Housing Trust Fund Program, the CalHOME program, and the Special User Housing Rehabilitation Program. Each of these programs have new funding available from housing bonds approved by the voters through Proposition 1 in 2018.

According to the Author:

According to the author, "While tribes are explicitly eligible for some state housing programs, the terminology used to refer to tribes is inconsistent and confusing. Other programs omit tribes and tribal entities as eligible applicants' altogether. California has the largest Native American population in the nation with nearly 360,500 Californians identifying in whole or part as "American Indian." Currently California has 109 federally recognized tribes which include nearly 100 small reservations and Rancherias spread across the state. Additionally, the rate of tribal poverty is more than twice that of the rest of California's population and one third of tribal residents live below the federal poverty rate. California also differs from other states in that only a small percentage of California tribes' land is held in trust by the U.S. government."

Arguments in Support:

According to supporters, this legislation will make tribes and tribally-designated housing entities eligible applicants to participate in nine HCD programs by conforming all of these programs to a single terminology and clearly and unambiguously listing tribes and tribally-designated housing entities as eligible applicants and recipients of program funds

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Assembly Committee on Appropriations, HCD estimates costs of $303,000 (GF) in the first year and $280,000 annually thereafter to provide technical assistance to local tribes to apply for programs and to update forms and documents to allow for trial entities to apply for programs.

VOTES:

ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-0-0

YES: Chiu, Diep, Gabriel, Gloria, Kiley, Limón, Maienschein, Quirk-Silva

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 75-0-5

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wood, Rendon

ABS, ABST OR NV: Brough, Burke, Calderon, Cooley, Wicks

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

UPDATED:

VERSION: September 5, 2019

CONSULTANT: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0002374

 THIRD READING  

Bill No: AB 1010

Author: Eduardo Garcia (D)

Amended: 9/5/19 in Senate

Vote: 27

SENATE HOUSING COMMITTEE: 11-0, 7/2/19

AYES: Wiener, Morrell, Bates, Caballero, Durazo, McGuire, Moorlach, Roth, Skinner, Umberg, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 75-0, 5/30/19 - See last page for vote

SUBJECT: Housing programs: eligible entities

SOURCE: Author

DIGEST:

This bill makes the governing body of Indian reservations and Rancherias eligible to receive funding from various state affordable housing programs.

Senate Floor Amendments of 9/5/19 provide that where provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure would cause a violation or not satisfy the financing requirements of any state program administered by the Department of Housing and Community Development (HCD), the requirements may be modified as necessary to ensure program compatibility, as specified.

ANALYSIS: Existing federal law defines the terms “tribally designated housing entity” and “housing entity” to have the following meaning:

1. For existing Indian housing entities with respect to any Indian tribe that has not taken action under subparagraph (b), and for which an Indian housing authority:
   1. was established for purposes of the United States Housing Act of 1937 before October 26, 1996, that meets the requirements under the United States Housing Act of 1937;
   2. is acting on October 26, 1996, as the Indian housing authority for the tribe; and,
   3. is not an Indian tribe.
2. Other entities with respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established:
   1. by exercise of the power of self-government of one or more Indian tribes independent of State law, or
   2. by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska.

Existing state law states that for the purposes of determining the eligibility of an applicant for funding under a program under HCD, references to a local public entity, nonprofit corporation, nonprofit housing sponsor, or governing body of an Indian reservation or Rancheria in any statute included in, or in any regulation promulgated to implement a housing program under HCD shall be deemed to include a tribally designated housing entity.

This bill:

1. Requires, rather than authorizes, HCD to provide 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 those areas.
2. Defines “local public entity” for purposes of the Joe Serna, Jr. Farmworker Housing Program and Special User Housing Rehabilitaiton Program to include the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as defined.
3. Defines “nonprofit corporation” for purposes of the Joe Serna, Jr. Farmworker Housing Program, Predevelopment Loan Program, and CalHOME Program to include, but not be limited to, a tribally designated housing entity, as defined.
4. Defines “local governmental agencies” for purposes of the Predevelopment Loan Program and CalHOME Program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as defined.
5. Defines “local public agencies” or “local government agencies” for purposes of the CalHOME program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as defined.
6. Allows HCD to award matching grant funds from the Local Housing Trust Fund Program to the duly constituted governing body of an Indian reservation or Rancheria.
7. Clarifies that to qualify for funding for various HCD programs, a duly constituted governing body of an Indian reservation or Rancheria is not required to have an adopted a compliant housing element.
8. Provides that where provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure would cause a violation or not satisfy the financing requirements of any state program administered by HCD, the requirements may be modified as necessary to ensure program compatibility, as specified.

Comments

1. Purpose of the bill. According to the author, “In September of 2011, Governor Brown issued Executive Order B-10-11 which reflected an administrative change to encourage communication and consultation with California Tribes. In line with this [directive,] HCD adopted a Tribal Consultation policy which sought to ‘foster and promote consultation and collaboration between HCD and federally-recognized California Indian Tribes and non-federally recognized tribes.’ While California Indian tribes have not been eligible for and competitive for most state housing and community development program grants in the past, the California Tax Credit Allocation Committee (TCAC) changed this in 2014 with their first round of awards being made for tribal housing within its rural set-aside. Eight projects have been funded since. Additionally, beginning in 2016, the HCD proposed regulation changes addressing tribal access to the Home Investment Partnerships program (HOME). Ultimately this proposal became successful after public input and the State HOME program became eligible to tribes and recently awarded its first-ever grant for a tribal project in Mendocino County. While tribes are explicitly eligible for some state housing programs, the terminology used to refer to tribes is inconsistent and confusing. Other programs omit tribes and tribal entities as eligible applicants altogether. California has the largest Native American population in the nation with nearly 360,500 Californians identifying in whole or part as “American Indian.” Currently California has 109 federally recognized tribes which include nearly 100 small reservations and Rancherias spread across the state. Additionally, the rate of tribal poverty is more than twice that of the rest of California's population and one third of tribal residents live below the federal poverty rate. California also differs from other states in that only a small percentage of California tribes' land is held in trust by the U.S. government.”
2. Funding for Indian reservations and Rancherias. HCD used to operate a program to provide technical assistance to Indian reservations and Rancherias to provide assistance in planning for affordable housing. That program stopped being funded in 2006, likely to instead fund other housing programs. This bill requires, rather than authorizes, HCD to provide 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 those areas, and names the program the “G. David Singleton California Indian Assistance Program.” G. Dave Singleton passed away in September of 2018. According to his obituary, he “served as a human rights advocate for Native American, Latino, and African American communities for over 60 years in New York, Alabama, and California.”
3. HCD grant and loan programs. This bill makes the governing board of an Indian reservation or Rancheria eligible to receive funding from the Joe Serna, Jr. Farmworker Housing Program, the Predevelopment Loan Program, Local Housing Trust Fund Program, the CalHOME program, and the Special User Housing Rehabilitation Program. Each of these programs has new funding available from housing bonds approved by the voters through Proposition 1 in 2018.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• HCD estimates staffing costs of approximately $303,000 in the first year and $280,000 annually ongoing for 1.5 PY of staff to provide technical assistance to local tribes, and to update forms and documents to reflect that tribal entities are eligible applicants for the specified programs. (General Fund)
• Unknown cost pressures to the various housing programs to the extent that making tribal entities eligible for funding displaces funding that would otherwise be provided to other applicants. (various housing program special funds and bond funds)

SUPPORT: (Verified 9/5/19)

Burbank Housing
California Coalition for Rural Housing
County of Tuolumne Housing Policy Committee
EAH Housing
Mono County Board of Supervisors
Mountain Housing Council of Tahoe Truckee
Mutual Housing California
North Fork Rancheria Indian Housing Authority
North Valley Housing Trust
Northern Circle Indian Housing Authority
Pueblo Unido CDC
Redwood Valley Little River Band of Pomo Indians
Rural Community Assistance Corporation
Sacramento Neighborhood Housing Services
The Cahto Tribe of the Laytonville Rancheria
Tuolumne County Board of Supervisors
Wilton Rancheria
Yocha Dehe Wintun Nation

OPPOSITION: (Verified 9/5/19)

None received

ASSEMBLY FLOOR: 75-0, 5/30/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Burke, Calderon, Cooley, Wicks

Prepared by: Alison Hughes / HOUSING / (916) 651-4124

9/6/19 13:33:37

**** END ****

 THIRD READING  

Bill No: AB 1010

Author: Eduardo Garcia (D)

Amended: 5/16/19 in Assembly

Vote: 27

SENATE HOUSING COMMITTEE: 11-0, 7/2/19

AYES: Wiener, Morrell, Bates, Caballero, Durazo, McGuire, Moorlach, Roth, Skinner, Umberg, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 75-0, 5/30/19 - See last page for vote

SUBJECT: Housing programs: eligible entities

SOURCE: Author

DIGEST:

This bill makes the governing body of Indian reservations and Rancherias eligible to receive funding from various state affordable housing programs.

ANALYSIS: Existing federal law defines the terms “tribally designated housing entity” and “housing entity” to have the following meaning:

1. For existing Indian housing entities with respect to any Indian tribe that has not taken action under subparagraph (b), and for which an Indian housing authority:
   1. was established for purposes of the United States Housing Act of 1937 before October 26, 1996, that meets the requirements under the United States Housing Act of 1937;
   2. is acting on October 26, 1996, as the Indian housing authority for the tribe; and,
   3. is not an Indian tribe.
2. Other entities with respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established:
   1. by exercise of the power of self-government of one or more Indian tribes independent of State law, or
   2. by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska.

Existing state law states that for the purposes of determining the eligibility of an applicant for funding under a program under the California Department of Housing and Community Development (HCD), references to a local public entity, nonprofit corporation, nonprofit housing sponsor, or governing body of an Indian reservation or Rancheria in any statute included in, or in any regulation promulgated to implement a housing program under HCD shall be deemed to include a tribally designated housing entity.

This bill:

1. Requires, rather than authorizes HCD to provide 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 those areas.
2. Defines “local public entity” for purposes of the Joe Serna, Jr. Farmworker Housing Program and Special User Housing Rehabilitaiton Program to include the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as defined.
3. Defines “nonprofit corporation” for purposes of the Joe Serna, Jr. Farmworker Housing Program, Predevelopment Loan Program, and CalHOME Program to include, but not be limited to, a tribally designated housing entity, as defined.
4. Defines “local governmental agencies” for purposes of the Predevelopment Loan Program and CalHOME Program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as defined.
5. Defines “local public agencies” or “local government agencies” for purposes of the CalHOME program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as defined.
6. Allows HCD to award matching grant funds from the Local Housing Trust Fund Program to the duly constituted governing body of an Indian reservation or Rancheria.
7. Clarifies that to qualify for funding for various HCD programs, a duly constituted governing body of an Indian reservation or Rancheria is not required to have an adopted a compliant housing element.

Comments

1. Purpose of the bill. According to the author, “In September of 2011, Governor Brown issued Executive Order B-10-11 which reflected an administrative change to encourage communication and consultation with California Tribes. In line with this [directive,] HCD adopted a Tribal Consultation policy which sought to ‘foster and promote consultation and collaboration between HCD and federally-recognized California Indian Tribes and non-federally recognized tribes.’ While California Indian tribes have not been eligible for and competitive for most state housing and community development program grants in the past, the California Tax Credit Allocation Committee (TCAC) changed this in 2014 with their first round of awards being made for tribal housing within its rural set-aside. Eight projects have been funded since. Additionally, beginning in 2016, the HCD proposed regulation changes addressing tribal access to the Home Investment Partnerships program (HOME). Ultimately this proposal became successful after public input and the State HOME program became eligible to tribes and recently awarded its first-ever grant for a tribal project in Mendocino County. While tribes are explicitly eligible for some state housing programs, the terminology used to refer to tribes is inconsistent and confusing. Other programs omit tribes and tribal entities as eligible applicants altogether. California has the largest Native American population in the nation with nearly 360,500 Californians identifying in whole or part as “American Indian.” Currently California has 109 federally recognized tribes which include nearly 100 small reservations and Rancherias spread across the state. Additionally, the rate of tribal poverty is more than twice that of the rest of California's population and one third of tribal residents live below the federal poverty rate. California also differs from other states in that only a small percentage of California tribes' land is held in trust by the U.S. government.”
2. Funding for Indian reservations and Rancherias. HCD used to operate a program to provide technical assistance to Indian reservations and Rancherias to provide assistance in planning for affordable housing. That program stopped being funded in 2006, likely to instead fund other housing programs. This bill requires, rather than authorizes, HCD to provide 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 those areas, and names the program the “G. David Singleton California Indian Assistance Program.” G. Dave Singleton passed away in September of 2018. According to his obituary, he “served as a human rights advocate for Native American, Latino, and African American communities for over 60 years in New York, Alabama, and California.”
3. HCD grant and loan programs. This bill makes the governing board of an Indian reservation or Rancheria eligible to receive funding from the Joe Serna, Jr. Farmworker Housing Program, the Predevelopment Loan Program, Local Housing Trust Fund Program, the CalHOME program, and the Special User Housing Rehabilitation Program. Each of these programs has new funding available from housing bonds approved by the voters through Proposition 1 in 2018.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• HCD estimates staffing costs of approximately $303,000 in the first year and $280,000 annually ongoing for 1.5 PY of staff to provide technical assistance to local tribes, and to update forms and documents to reflect that tribal entities are eligible applicants for the specified programs. (General Fund)
• Unknown cost pressures to the various housing programs to the extent that making tribal entities eligible for funding displaces funding that would otherwise be provided to other applicants. (various housing program special funds and bond funds)

SUPPORT: (Verified 8/30/19)

Burbank Housing
California Coalition for Rural Housing
County of Tuolumne Housing Policy Committee
EAH Housing
Mono County Board of Supervisors
Mountain Housing Council of Tahoe Truckee
Mutual Housing California
North Fork Rancheria Indian Housing Authority
North Valley Housing Trust
Northern Circle Indian Housing Authority
Pueblo Unido CDC
Redwood Valley Little River Band of Pomo Indians
Rural Community Assistance Corporation
Sacramento Neighborhood Housing Services
Homeownership Center Sacramento Region
The Cahto Tribe of the Laytonville Rancheria
Tuolumne County Board of Supervisors
Wilton Rancheria
Yocha Dehe Wintun Nation

OPPOSITION: (Verified 8/30/19)

None received

ASSEMBLY FLOOR: 75-0, 5/30/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Burke, Calderon, Cooley, Wicks

Prepared by: Alison Hughes / HOUSING / (916) 651-4124

9/1/19 10:04:07

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 1010 (Eduardo Garcia) - Housing programs: eligible entities

Bill Summary:

AB 1010 would expand applicant eligibility for numerous state housing programs to include a duly constituted governing body of an Indian reservation or Rancheria, or a tribally designated housing entity. The bill would also require the Department of Housing and Community Development (HCD) to provide technical assistance to specified tribal entities to facilitate housing development for American Indians.

Fiscal Impact:

• HCD estimates staffing costs of approximately $303,000 in the first year and $280,000 annually ongoing for 1.5 PY of staff to provide technical assistance to local tribes, and to update forms and documents to reflect that tribal entities are eligible applicants for the specified programs. (General Fund)
  
• Unknown cost pressures to the various housing programs to the extent that making tribal entities eligible for funding displaces funding that would otherwise be provided to other applicants. (various housing program special funds and bond funds)

Background:

According to the 2010 U.S. Census, California has the largest Native American population in the nation. California currently has 109 federally recognized tribes, almost one-fifth of all tribes nationwide.  These tribes, which include nearly 100 small reservations and Rancherias, are spread out across the state, in urban, suburban, and rural jurisdictions. California differs from other states in that only a small percentage of tribal lands are held in trust by the U.S. government. Poverty disproportionately affects tribal populations; the rate of tribal poverty is more than twice that of the rest of the state’s population, and one-third of tribal residents live below the federal poverty rate.

Existing law authorizes HCD 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 develoment of suitable, decent, safe, and sanitary housing for American Indians residing in such areas. Existing law authorizes HCD to act on behalf of a tribal housing authority and perform its functions, upon request of the governing body of a reservation or Rancheria, as specified.

In response to Governor Brown’s issuance of Executive Order B-10-11, HCD adopted a Tribal Consultation Policy on December 1, 2014 to memorialize its commitment to strengthening and promoting relationships between the Tribes and the State of California. HCD’s Policy is intended to foster and promote effective consultation and collaboration between HCD and federally-recognized California Indian Tribes and non-federally recognized tribes eligible for HCD’s financing programs, regarding development and/or implementation of policies, rules, regulations, programs, projects, plans, and activities that may affect tribal communities.

After meeting with representatives of Native American tribes and tribally-designated housing entities in 2015, HCD adopted regulation changes to the Home Investment Partnerships program to make tribal entities eligible for funding under the program.

Proposed Law:

AB 1010 would expand eligibility to numerous state housing program to include a duly constituted governing body of an Indian reservation or Rancheria, or a tribally designated housing entity. Specifically, the bill would:

• Define "local public entity" for purposes of the Joe Serna, Jr. Farmworker Housing Program and Special User Housing Rehabilitaiton Program to include the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as specified.
• Define "nonprofit corporation" for purposes of the Joe Serna, Jr. Farmworker Housing Program, Predevelopment Loan Program, and CalHOME Program to include, but not be limited to, a tribally designated housing entity, as specified.
• Define "local governmental agencies" for purposes of the Predevelopment Loan Program and CalHOME Program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as specified.
• Define "local public agencies" or "local government agencies" for purposes of the CalHOME program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as specified.
• Authorize HCD to award matching grant funds from the Local Housing Trust Fund Program to the duly constituted governing body of an Indian reservation or Rancheria.
• Clarify that to qualify for funding for various HCD programs, a duly constituted governing body of an Indian reservation or Rancheria is not required to have adopted a compliant housing element.

The bill would also require, rather than authorize, HCD to provide 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 those areas. The bill specifies that this technical assistance program would be known as the “G. David Singleton California Indian Assistance Program.”

Staff Comments:

Staff notes that the Joe Serna, Jr. Farmworker Housing Grant Fund, the Predevelopment Loan Fund, the Self-Help Housing Fund, and the Housing Rehabilitation Loan Fund are all continuously appropriated revolving loan funds. By expanding the entities eligible to receive funding from those continuously appropriated funds to include a governing body of an Indian reservation or Rancheria, or a tribally designated housing entity, as applicable, this bill would make an appropriation.

-- END --

SENATE COMMITTEE ON HOUSING

Senator Scott Wiener, Chair

2019 - 2020 Regular

Bill No: AB 1010 Hearing Date: 7/2/2019

SUBJECT: Housing programs: eligible entities

DIGEST: This bill makes the governing body of Indian reservations and Rancherias eligible to receive funding from various state affordable housing programs.

ANALYSIS:

Existing state law:

1. States that for the purposes of determining the eligibility of an applicant for funding under a program under the California Department of Housing and Community Development (HCD), references to a local public entity, nonprofit corporation, nonprofit housing sponsor, or governing body of an Indian reservation or Rancheria in any statute included in, or in any regulation promulgated to implement a housing program under HCD shall be deemed to include a tribally designated housing entity.
2. Existing federal law defines the terms “tribally designated housing entity” and “housing entity” to have the following meaning:
3. For existing Indian housing entities with respect to any Indian tribe that has not taken action under subparagraph (b), and for which an Indian housing authority:
   1. was established for purposes of the United States Housing Act of 1937 before October 26, 1996, that meets the requirements under the United States Housing Act of 1937;
   2. is acting on October 26, 1996, as the Indian housing authority for the tribe; and,
   3. is not an Indian tribe.
4. Other entities with respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established:
   • 1. by exercise of the power of self-government of one or more Indian tribes independent of State law, or
     2. by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska,

This bill:

1. Requires, rather than authorizes HCD to provide 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 those areas.
2. Defines "local public entity" for purposes of the Joe Serna, Jr. Farmworker Housing Program and Special User Housing Rehabilitaiton Program to include the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as defined.
3. Defines "nonprofit corporation" for purposes of the Joe Serna, Jr. Farmworker Housing Program, Predevelopment Loan Program, and CalHOME Program to include, but not be limited to, a tribally designated housing entity, as defined.
4. Defines "local governmental agencies" for purposes of the Predevelopment Loan Program and CalHOME Program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as defined.
5. Defines "local public agencies" or "local government agencies" for purposes of the CalHOME program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity, as defined.
6. Allows HCD to award matching grant funds from the Local Housing Trust Fund Program to the duly constituted governing body of an Indian reservation or Rancheria.
7. Clarifies that to qualify for funding for various HCD programs, a duly constituted governing body of an Indian reservation or Rancheria is not required to have an adopted a compliant housing element.

COMMENTS

1. Purpose of the bill. According to the author, “In September of 2011, Governor Brown issued Executive Order B-10-11 which reflected an administrative change to encourage communication and consultation with California Tribes. In line with this [directive,] HCD adopted a Tribal Consultation policy which sought to ‘foster and promote consultation and collaboration between HCD and federally-recognized California Indian Tribes and non-federally recognized tribes.’ While California Indian tribes have not been eligible for and competitive for most state housing and community development program grants in the past, the California Tax Credit Allocation Committee (TCAC) changed this in 2014 with their first round of awards being made for tribal housing within its rural set-aside. Eight projects have been funded since. Additionally, beginning in 2016, the HCD proposed regulation changes addressing tribal access to the Home Investment Partnerships program (HOME). Ultimately this proposal became successful after public input and the State HOME program became eligible to tribes and recently awarded its first-ever grant for a tribal project in Mendocino County. While tribes are explicitly eligible for some state housing programs, the terminology used to refer to tribes is inconsistent and confusing. Other programs omit tribes and tribal entities as eligible applicants altogether. California has the largest Native American population in the nation with nearly 360,500 Californians identifying in whole or part as "American Indian." Currently California has 109 federally recognized tribes which include nearly 100 small reservations and Rancherias spread across the state. Additionally, the rate of tribal poverty is more than twice that of the rest of California's population and one third of tribal residents live below the federal poverty rate. California also differs from other states in that only a small percentage of California tribes' land is held in trust by the U.S. government.”
2. Funding for Indian reservations and Rancherias. HCD used to operate a program to provide technical assistance to Indian reservations and Rancherias to provide assistance in planning for affordable housing. That program stopped being funded in 2006, likely to instead fund other housing programs. This bill requires, rather than authorizes, HCD to provide 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 those areas, and names the program the "G. David Singleton California Indian Assistance Program." G. Dave Singleton passed away in September of 2018. According to his obituary, he "served as a human rights advocate for Native American, Latino, and African American communities for over 60 years in New York, Alabama, and California."
3. HCD grant and loan programs. This bill would make the governing board of an Indian reservation or Rancheria eligible to receive funding from the Joe Serna, Jr. Farmworker Housing Program, the Predevelopment Loan Program, Local Housing Trust Fund Program, the CalHOME program, and the Special User Housing Rehabilitation Program. Each of these programs has new funding available from housing bonds approved by the voters through Proposition 1 in 2018.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 26, 2019.)

SUPPORT:

Burbank Housing
California Coalition For Rural Housing
County Of Tuolumne Housing Policy Committee
EAH Housing
Mono County Board Of Supervisors
Mountain Housing Council Of Tahoe Truckee
Mutual Housing California

Neighborworks Homeownership Center Sacramento Region
North Fork Rancheria Indian Housing Authority
North Valley Housing Trust
Northern Circle Indian Housing Authority
Pueblo Unido CDC
Redwood Valley Little River Band Of Pomo Indians
Rural Community Assistance Corporation
The Cahto Tribe Of The Laytonville Rancheria
Tuolumne County Board Of Supervisors
Wilton Rancheria
Yocha Dehe Wintun Nation

OPPOSITION:

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1010

Author:(Eduardo Garcia)

As Amended Ver:May 16, 2019

2/3 vote

SUMMARY:

Makes the governing body of Indian reservations and Rancherias eligible to receive funding from various state affordable housing programs.

Major Provisions

1. Requires, rather than authorizes, the Department of Housing and Community Development (HCD) to provide 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 those areas.
2. Defines "local public entity" for purposes of the Joe Serna, Jr. Farmworker Housing Program to include the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity as defined in Title 25 of the United States Code Section 4103 and Health and Safety Code Section (HSC) 50104.6.5.
3. Defines "nonprofit corporation" for purposes of the Joe Serna, Jr. Farmworker Housing Program to include, but not be limited to, a tribally designated housing entity as defined in Title 25 of the United States Code Section 4103 and HSC 50104.6.5.
4. Defines "local governmental agencies" for purposes of the Predevelopment Loan Program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity as defined in Title 25 of the United States Code Section 4103 and HSC 50104.6.5.
5. Defines "nonprofit corporation" for purposes of the Predevelopment Loan Program to include, but not be not be limited to, a tribally designated housing entity as defined in Title 25 of the United States Code Section 4103 and of HSC 50104.6.5.
6. Defines "local public agencies" or "local government agencies" for purposes of the CalHOME program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity as defined in Title 25 of the United States Code Section 4103 and of HSC 50104.6.5.
7. Defines "nonprofit corporation" for purposes of the CalHOME program to include, but not be limited to, a tribally designated housing entity as defined in Title 25 of the United States Code Section 4103 and of HSC 50104.6.5.
8. Defines "local public entity" for the Special User Housing Rehabilitation Program to include, but not be not limited to, a tribally designated housing entity as specified in HSC 50079 and 50104.6.5.
9. Allows HCD to award matching grant funds from the Local Housing Trust Fund Program to the duly constituted governing body of an Indian reservation or Rancheria.  
10. Clarifies that to qualify for funding for various HCD programs, a duly constituted governing body of an Indian reservation or Rancheria is not required to have an adopted and compliant housing element.

COMMENTS:

HCD used to operate a program to provide technical assistance to Indian reservations and Rancherias to provide assistance in planning for affordable housing. This bill would appropriate funding for one full-time position for the program and name the program the "G. David Singleton California Indian Assistance Program." G. Dave Singleton passed way in September of 2018. According to his obituary, he "served as a human rights advocate for Native American, Latino, and African American communities for over 60 years in New York, Alabama, and California." This bill would make the governing board of an Indian reservation or Rancheria eligible to receive funding from the: Joe Serna, Jr. Farmworker Housing Program, the Predevelopment Loan Program, Local Housing Trust Fund Program, the CalHOME program, and the Special User Housing Rehabilitation Program. Each of these programs have new funding available from housing bonds approved by the voters through Proposition 1 in 2018.

According to the Author:

According to the author, "While tribes are explicitly eligible for some state housing programs, the terminology used to refer to tribes is inconsistent and confusing. Other programs omit tribes and tribal entities as eligible applicants' altogether. California has the largest Native American population in the nation with nearly 360,500 Californians identifying in whole or part as "American Indian." Currently California has 109 federally recognized tribes which include nearly 100 small reservations and Rancherias spread across the state. Additionally, the rate of tribal poverty is more than twice that of the rest of California's population and one third of tribal esidents live below the federal poverty rate. California also differs from other states in that only a small percentage of California tribes' land is held in trust by the U.S. government."

Arguments in Support:

According to supporters, this legislation will make tribes and tribally-designated housing entities eligible applicants to participate in nine HCD programs by conforming all of these programs to a single terminology and clearly and unambiguously listing tribes and tribally-designated housing entities as eligible applicants and recipients of program funds.

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Assembly Committee on Appropriations, HCD estimates costs of $303,000 (General Fund) in the first year and $280,000 annually thereafter to provide technical assistance to local tribes to apply for programs and to update forms and documents to allow for trial entities to apply for programs.

VOTES:

ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-0-0

YES: Chiu, Diep, Gabriel, Gloria, Kiley, Limón, Maienschein, Quirk-Silva

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: May 16, 2019

CONSULTANT: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0000913

Date of Hearing: May 8, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1010

Author:(Eduardo Garcia) – As Amended Ver:April 29, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill allows the governing body of an Indian reservation or rancheria to receive funding from various affordable housing programs. The bill also requires the Department of Housing and Community Development (HCD) to provide technical assistance to Indian reservations and rancherias for planning for affordable housing and requires the Legislature to annually appropriate funds to support these duties. Specifically, this bill:

1. Defines “local agency” within various state housing laws to include a duly constituted governing body of an Indian reservation or rancheria, or their delegates, in order to make Indian reservations and rancherias eligible for the Joe Serna, Jr. Farmworker Housing Program, the Predevelopment Loan Program, Local Housing Trust Fund Program, the CalHOME program and the Special User Housing Rehabilitation Program.
2. Requires, rather than allows, HCD to provide technical assistance to tribal housing authorities, housing sponsors, and governmental agencies on reservations and rancherias, and on public domain to facilitate the planning and orderly development of suitable, decent, safe and sanitary housing for American Indians residing in those areas. Names this technical assistance program the “G. David Singleton California Indian Assistance Program.”
3. Requires the Legislature to appropriate funding to support one full-time employee to staff the “G. David Singleton California Indian Assistance Program.”

FISCAL EFFECT:

HCD estimates costs of $303,000 (GF) in the first year and $280,000 annually thereafter to provide technical assistance to local tribes to apply for programs and to update forms and documents to allow for trial entities to apply for programs. The bill requires the Legislature to appropriate funding to support one full-time employee for these purposes, but HCD indicates it will require an additional 0.5 PY Attorney III position to fulfill the bill’s requirements.

COMMENTS:

1. Purpose. This bill seeks to provide greater access by California tribes and tribal entities to housing and community development programs administered by HCD and to reconstitute the Indian assistance program. According to the author:

In September of 2011, Governor Brown issued Executive Order B-10-11 which reflected an administrative change to encourage communication and consultation with California Tribes. In line with this the [HCD] adopted a Tribal Consultation policy which sought to ‘foster and promote consultation and collaboration between HCD and federally-recognized California Indian Tribes and non-federally recognized tribes.’ While tribes are explicitly eligible for some state housing programs, the terminology used to refer to tribes is inconsistent and confusing. Other programs omit tribes and tribal entities as eligible applicants’ altogether.

1. Background. California has the largest Native American population in the nation with nearly 360,500 Californians identifying in whole or part as "American Indian." California has 109 federally recognized tribes including nearly 100 small reservations and Rancherias across the state. The rate of tribal poverty is more than twice that of the rest of California's population and one-third of tribal residents live below the federal poverty rate. California also differs from other states in that only a small percentage of California tribes' land is held in trust by the U.S. government.

This bill would explicitly make Indian reservations and Rancherias eligible to receive funding from the Joe Serna, Jr. Farmworker Housing Program, the Predevelopment Loan Program, Local Housing Trust Fund Program, the CalHOME program and the Special User Housing Rehabilitation Program. Each of these programs has new funding available from housing bonds approved by the voters through Proposition 1 in 2018.

HCD is authorized to operate a program to provide technical assistance to Indian reservations and Rancherias for planning for affordable housing but does not currently do so. This bill requires HCD to provide this assistance and requires the Legislature to fund it.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

David Chiu, Chair

ABPCA Bill Id:AB 1010 (

Author:Eduardo Garcia) – As Amended Ver:April 4, 2019

SUBJECT: Housing programs: eligible entities

SUMMARY: Makes the governing body of Indian reservations and Rancherias eligible to receive funding from various affordable housing programs. Specifically, this bill:

1. Expands the following definitions in state housing law:
2. Defines “local agency” within state housing law to include a duly constituted governing body of an Indian reservation or Rancheria, or any government entity or local public agency to which an Indian reservation or Rancheria delegates functions;
3. Defines “local public entity” to include a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of Health and Safety Code (HSC); and
4. Defines “nonprofit corporation” to include a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of HSC.
5. Makes a duly constituted governing body of an Indian reservation or Rancheria located in a nonentitlement county eligible for the competitive portion of funding from the Building Homes and Jobs Act (SB 2, Atkins, Statutes of 2017).
6. Provides that a duly constituted governing body of an Indian reservation or Rancheria is not required to have a compliant housing element or submit a housing element annual production report to compete for funds from the Building Homes and Jobs Act.
7. Requires, rather than authorizes, HCD to provide 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 those areas.
8. Names the technical assistance program for tribal housing authorities, housing sponsors and government agencies on reservations, Rancherias, and on public domain as the “G. David Singleton California Indian Assistance Program.”
9. Requires the Legislature to appropriate funding to support one full-time employee to staff the “G. David Singleton California Indian Assistance Program.”
10. Defines “local public entity” for purposes of the Joe Serna, Jr. Farmworker Housing Program to include the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of HSC.
11. Defines “nonprofit corporation” for purposes of the Joe Serna, Jr. Farmworker Housing Program to include, but not be limited to, a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of HSC.
12. Defines “local governmental agencies” for purposes of the Predevelopment Loan Program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of HSC.
13. Defines “nonprofit corporation” for purposes of the Predevelopment Loan Program to include, but not be not be limited to, a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of HSC.
14. Defines “local public agencies” or “local government agencies” for purposes of the CalHOME program to include, but not be limited to, the duly constituted governing body of an Indian reservation or Rancheria or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of HSC.
15. Defines “nonprofit corporation” for purposes of the CalHOME program to include, but not be limited to, a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 of HSC.
16. Defines “local public entity” for the Special User Housing Rehabilitation Program to include, but not be not limited to, a tribally designated housing entity as specified in Sections 50079 and 50104.6.5 of HSC.
17. Allows HCD to award matching grant funds from the Local Housing Trust Fund Program to the duly constituted governing body of an Indian reservation or Rancheria.  
18. Clarifies that to qualify for funding for various HCD programs, a duly constituted governing body of an Indian reservation or Rancheria is not required to have an adopted and compliant housing element.

EXISTING LAW:

1. Defines “tribally designated housing entity” to mean an entity as defined in Section 4103 of Title 25 of the United States Code. States that for the purposes of determining the eligibility of an applicant for funding under a program authorized by Part 2 (commencing with Section 50400) of HSC, references to a local public entity, nonprofit corporation, nonprofit housing sponsor, or governing body of an Indian reservation or rancheria in any statute included in, or in any regulation promulgated to implement, Part 2 (commencing with Section 50400) shall be deemed to include a tribally designated housing entity.
2. Federal law defines the terms “tribally designated housing entity” and “housing entity” to have the following meaning:
3. For existing Indian housing entities with respect to any Indian tribe that has not taken action under subparagraph (b), and for which an Indian housing authority:
4. was established for purposes of the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] before October 26, 1996, that meets the requirements under the United States Housing Act of 1937;
5. is acting on October 26, 1996, as the Indian housing authority for the tribe; and,
6. is not an Indian tribe for purposes of this chapter, the terms mean such Indian housing authority.

b) Other entities with respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established:

1. by exercise of the power of self-government of one or more Indian tribes independent of State law, or
   
2. by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska,

FISCAL EFFECT: Unknown

COMMENTS:

Purpose of this bill: According to the author, “In September of 2011, Governor Brown issued Executive Order B-10-11 which reflected an administrative change to encourage communication and consultation with California Tribes. In line with this the Department of Housing and Community Development (HCD) adopted a Tribal Consultation policy which sought to ‘foster and promote consultation and collaboration between HCD and federally-recognized California Indian Tribes and non-federally recognized tribes.’ While California Indian tribes have not been eligible for and competitive for most state housing and community development program grants in the past, the California Tax Credit Allocation Committee (TCAC) changed this in 2014 with their first round of awards being made for tribal housing within its Rural set-aside. Eight projects have been funded since. Additionally, beginning in 2016, the HCD proposed regulation changes addressing tribal access to the Home Investment Partnerships program (HOME). Ultimately this proposal became successful after public input and the State HOME program became eligible to tribes and recently awarded it’s first-ever grant for a tribal project in Mendocino County. While tribes are explicitly eligible for some state housing programs, the terminology used to refer to tribes is inconsistent and confusing. Other programs omit tribes and tribal entities as eligible applicants’ altogether. California has the largest Native American population in the nation with nearly 360,500 Californians identifying in whole or part as "American Indian." Currently California has 109 federally recognized tribes which include nearly 100 small reservations and Rancherias spread across the state. Additionally, the rate of tribal poverty is more than twice that of the rest of California's population and one third of tribal residents live below the federal poverty rate. California also differs from other states in that only a small percentage of California tribes' land is held in trust by the U.S. government.”

Technical assistance program: HCD used to operate a program to provide technical assistance to Indian reservations and Rancherias to provide assistance in planning for affordable housing. This bill would appropriate funding for one full-time position for the program and name the program the “G. David Singleton California Indian Assistance Program.” G. Dave Singleton passed way in September of 2018. According to his obituary, he “served as a human rights advocate for Native American, Latino, and African American communities for over 60 years in New York, Alabama, and California. He excelled at building bridges between public and private sectors to empower and support sustainable communities with increasingly impactful results. He leaves behind a professional legacy of multitudes whom he mentored, and countless projects he guided or procured grant funding to develop.”

HCD grant and loan programs: This bill would make the governing board of an Indian reservation or Rancheria eligible to receive funding from the: Joe Serna, Jr. Farmworker Housing Program, the Predevelopment Loan Program, Local Housing Trust Fund Program, the CalHOME program, and the Special User Housing Rehabilitation Program. Each of these programs have new funding available from housing bonds approved by the voters through Proposition 1 in 2018.

SB 2: Building Homes and Jobs Act: SB 2 (Atkins) Chapter 364, Statues of 2017 created the Building Homes and Jobs Act, which authorized a $75 recording fee on real estate documents, excluding those recorded at the time of sale of a property. The recording fee generated over $250 million in the first year of funding. In year two of the fee, 70 percent of the funding generated by the fee goes directly to cities and counties. Ninety percent of the funds go out via the 2017 Community Development Block Grant (CDBG) formula. Entitlement jurisdictions receive a block grant and non-entitlement jurisdictions compete for the remaining pool of funds. Ten percent is divided among non-entitlements jurisdictions as well. The remaining 30 percent of the funds go to state programs to fund mixed-income housing developments, farmworker housing, and local programs to incentivize housing production. Twenty percent of all funds generated by the fee are required to go to affordable owner-occupied workforce housing. This bill proposes to allow Indian reservations and Rancherias to compete for the competitive funding for non-entitlement jurisdictions. The committee may wish to consider if it makes sense to open up this relatively small amount of funding to more competition.

Committee amendments: Delete changes to SB 2: Building Homes and Jobs Act that allow Indian tribes and Rancherias to apply for funding from the competitive funding available for non-entitlement jurisdictions.

REGISTERED SUPPORT / OPPOSITION:

Support

California Coalition for Rural Housing (co-sponsor)

Burbank Housing Development Corporation

Cahto Tribe of the Laytonville Rancheria

County of Tuolumne Housing Policy Committee

EAH Housing

Mountain Housing Council

Mutual Housing California

North Fork Rancheria Indian Housing Authority

Northern Circle Indian Housing Authority

Pueblo Unido CDC

Redwood Valley Tribe

Rural Community Assistance Corporation

Opposition

None on file

Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085