SB 356: Housing: Code Enforcement Incentive Program: Community Code Enforcement Pilot Program.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-04-24
Current Status:
Failed
(2024-02-01: Returned to Secretary of Senate pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill raises state grant limits and changes local match rules for city and county building code enforcement programs, increasing maximum awards to $2 million and requiring local governments to provide at least a 35% match over three years. It also requires grant-funded teams and pilot programs to include a certified code enforcement officer and a community-based organization, requires a plan to prevent displacement of lower-income renters or owners, updates grant selection criteria, and directs the state housing department to provide technical assistance.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law establishes the Code Enforcement Incentive Program pursuant to which the Department of Housing and Community Development, upon appropriation by the Legislature, makes funds available as matching grants to cities, counties, and cities and counties that operate local building enforcement programs for more than 3 years, as provided. specified. Existing law requires the recipient city, county, or city and county to provide a cash or in-kind local match of at least 25% in the first year, 50% in the 2nd year, and 75% in the 3rd year, and limits the maximum grant to a single recipient under the program to $1,000,000. Existing law requires grant recipients to submit a report to the department on the expanded code enforcement efforts, among other things. Existing law requires the department to summarize the reports and transmit the reports to the Legislature within 6 months after the grant recipients submission date. Existing law requires the department to award grants under the program on a competitive basis, based on criteria weighted for specified applicants, including local government applicants that propose to identify and prosecute owners with habitual, repeated, and multiple code violations that have remained unabated beyond the period required for abatement.
This bill would revise the cash or in-kind local match requirement, described above, to instead require a recipient city, county, or city and county to match at least 35% of the funds awarded over 3 years. The bill would increase the maximum grant to a single recipient under the program from $1,000,000 to $2,000,000, and require the department to adjust that amount for inflation at least once every 5 years. The bill would require the department to transmit the above-described reports as part of the departments next annual report one year after the grant recipients submission date, as specified. The bill would revise the criteria for awarding grants, as specified, including additionally awarding local government applications applicants that propose to prevent displacement of lower income renter or owner households as a result of code enforcement and local government applicants that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer, as defined. The bill would additionally require the department to provide grant recipients technical assistance to assist grant recipients with local code enforcement efforts.
(2)Existing law also establishes the Community Code Enforcement Pilot Program pursuant to which the Department of Housing and Community Development awards grants to communities that develop a code enforcement pilot program meeting specified criteria. Existing law limits the amount of a grant under these provisions to $450,000, to pay for costs incurred over the life of the program. Existing law requires that each city, county, or city and county receiving a grant develop a code enforcement team consisting of, among others, at least one full-time code enforcement officer. Existing law requires each grantee to provide, and fund at its own expense, at least one city planner, health officer, or comparable specialist for the duration of the pilot program, and requires that the grant funds be used for the code enforcement and related program costs or for capital expenditures, as specified. Existing law requires a grant proposal to include, among other things, a plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials and other specified local officials. Existing law requires pilot program administrators to evaluate the pilot programs and submits submit their evaluations to the department within 6 months after completion of each program cycle approved by the department and funded by the Legislature. Existing law requires the department to report to the Legislature on the findings of the pilot program administrators within 6 months after the grant recipients submission date.
This bill would increase the maximum grant under the program from $450,000 to $2,000,000, and require the department to adjust that amount for inflation at least once every 5 years. The bill would require that the full-time code enforcement officer on the code enforcement team, as described above, be a certified code enforcement officer, as defined, and that the team additionally include one representative from a community-based organization. The bill would revise the requirement for a grantee to provide and fund a city planner, health officer, or other specialist to specify that the grantee may provide and fund a building official. The bill would also revise the authorized use of grant funds to include support for the engagement of community-based organizations. The bill would revise the requirement for the plan for cooperative and effective working relationships, as described above, to include cooperative and effective working relationships with local building officials and community-based organizations. The bill would also additionally require the grant proposal to include a plan to prevent displacement of lower income renter or owner households as a result of code enforcement and the number of certified code enforcement officers, as defined, employed by the applicant. The bill would change the above-described reporting requirement to instead require the department to report to the Legislature on the above-described findings findings, as part of its next annual report report, one year after the grant recipients submission date, as specified.
(1)Existing law establishes the Code Enforcement Incentive Program pursuant to which the Department of Housing and Community Development, upon appropriation by the Legislature, makes funds available as matching grants to cities, counties, and cities and counties that operate local building enforcement programs for more than 3 years, as provided. Existing law requires the recipient city, county, or city and county to provide a cash or in-kind local match of least 25% in the first year, 50% in the 2nd year, and 75% in the 3rd year, and limits the maximum grant to a single recipient under the program to $1,000,000. Existing law requires grant recipients to submit a report to the department on the expanded code enforcement efforts, among other things. Existing law requires the department to summarize the reports and transmit the reports to the Legislature within 6 months after the grant recipients submission date. Existing law requires the department to award grants under the program on a competitive basis, based on criteria weighted for specified applicants, including local government applicants that propose to identify and prosecute owners with habitual, repeated, and multiple code violations that have remained unabated beyond the period required for abatement.
This bill would revise the cash or in-kind local match requirement, described above, to instead require a recipient city, county, or city and county to match at least 35% of the funds awarded over 3 years. The bill would increase the maximum grant to a single recipient under the program from $1,000,000 to $2,000,000, and require the department to adjust that amount for inflation at least once every 5 years. The bill would require the department to transmit the above-described reports as part of the departments next annual report one year after the grant recipients submission date, as specified. The bill would require that revise the criteria for awarding grants additionally be weighted for grants, as specified, including additionally awarding local government applications that propose to prevent displacement of lower income renter or owner households as a result of code enforcement and local government applicants that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer, as defined.
(2)Existing law also establishes the Community Code Enforcement Pilot Program pursuant to which the Department of Housing and Community Development awards grants to communities that develop a code enforcement pilot program meeting specified criteria. Existing law limits the amount of a grant under these provisions to $450,000, to pay for costs incurred over the life of the program. Existing law requires that each city, county, or city and county receiving a grant develop a code enforcement team consisting of, among others, at least one full-time code enforcement officer. Existing law requires each grantee to provide, and fund at its own expense, at least one city planner, health officer, or comparable specialist for the duration of the pilot program, and requires that the grant funds be used for the code enforcement and related program costs or for capital expenditures, as specified. Existing law requires a grant proposal to include, among other things, a plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials and other, other specified local officials. Existing law requires pilot program administrators to evaluate the pilot programs and submits their evaluations to the department within 6 months after completion of each program cycle approved by the department and funded by the Legislature. Existing law requires the department to report to the Legislature on the findings of the pilot program administrators within 6 months after the grant recipients submission date.
This bill would increase the maximum grant under the program from $450,000 to $2,000,000, and require the department to adjust that amount for inflation at least once every 5 years. The bill would require that the full-time code enforcement officer on the code enforcement team, as described above, be a certified code enforcement officer, as defined, and that the team additionally include one representative from a community-based organization. The bill would revise the requirement for a grantee to provide and fund a city planner, health officer, or other specialist to specify that the grantee may provide and fund a building official. The bill would also revise the authorized use of grant funds to include support for the engagement of community-based organizations. The bill would revise the requirement for the plan for cooperative and effective working relationships, as described above, to include cooperative and effective working relationships with local building officials and community-based organizations. The bill would also additionally require the grant proposal to include a plan to prevent displacement of lower income renter or owner households as a result of code enforcement and the number of certified code enforcement officers, as defined, employed by the applicant. The bill would change the above-described reporting requirement to instead require the department to report the Legislature on the above-described findings as part of its next annual report one year after the grant recipients submission date, as specified.
(1)Existing law establishes the Code Enforcement Incentive Program pursuant to which the Department of Housing and Community Development, upon appropriation by the Legislature, makes funds available as matching grants to cities, counties, and cities and counties that operate local building enforcement programs for more than 3 years, as provided. Existing law requires the recipient city, county, or city and county to provide a case cash or in-kind local match of least 25% in the first year, 50% in the 2nd year, and 75% in the 3rd year, and limits the maximum grant to a single recipient under the program to $1,000,000. Existing law requires the department to award grants under the program on a competitive basis, based on criteria weighted for specified applicants, including local government applicants that propose to identify and prosecute owners with habitual, repeated, multiple code violations that have remained unabated beyond the period required for abatement.
TheThis bill would revise the cash or in-kind local match requirement, described above, to instead require a recipient city, county, or city and county to match at least 35% of the funds awarded over 3 years. The bill would increase the maximum grant to a single recipient under the program from $1,000,000 to $2,000,000, and require the department to adjust that amount for inflation at least once every 5 years. The bill would require that the criteria for awarding grants additionally be weighted for a local government applicant applicants that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer, as defined.
(2)Existing law also establishes the Community Code Enforcement Pilot Program pursuant to which the Department of Housing and Community Development awards grants to communities that develop a code enforcement pilot program meeting specified criteria. Existing law limits the amount of a grant under these provisions to $450,000, to pay for costs incurred over the life of the program. Existing law requires that each city, county, or city and county receiving a grant develop a code enforcement team consisting of, among others, a at least one full-time code enforcement officer. Existing law requires each grantee to provide, and fund at its own expense, at least one city planner, health officer, or comparable specialist for the duration of the pilot program, and requires that the grant funds be used for the code enforcement and related program costs or for capital expenditures, as specified. Existing law requires a grant proposal to include, among other things, a plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials and other, specified local officials.
TheThis bill would increase the maximum grant under the program from $450,000 to $2,000,000, and require the department to adjust that amount for inflation at least once every 5 years. The bill would require that the full-time code enforcement officer on the code enforcement team, as described above, be a certified code enforcement officer, as defined, and that the team additionally include at least one representative from a community-based organization. The bill would revise the requirement for a grantee to provide and fund a city planner, health officer, or other specialist to specify that the grantee may provide and fund a building official. The bill would also revise the authorized use of grant funds to include support for the engagement of community-based organizations. The bill would revise the requirement for the plan for cooperative and effective working relationships, as described above, to include cooperative and effective working relationships with local building officials and community-based organizations. The bill would also additionally require the grant proposal to include the number of certified code enforcement officers, as defined, employed by the applicant.
(1)Existing law establishes the Code Enforcement Incentive Program pursuant to which the Department of Housing and Community Development, upon appropriation by the Legislature, makes funds available as matching grants to cities, counties, and cities and counties that operate local building enforcement programs for more than 3 years, as provided. Existing law requires the recipient city, county, or city and county to provide a case or in-kind local match of least 25% in the first year, 50% in the 2nd year, and 75% in the 3rd year, and limits the maximum grant to a single recipient under the program to $1,000,000. Existing law requires the department to award grants under the program on a competitive basis, based on criteria weighted for specified applicants, including local government applicants that propose to identify and prosecute owners with habitual, repeated, multiple code violations that have remained unabated beyond the period required for abatement.
The bill would revise the cash or in-kind local match requirement, described above, to instead require a recipient city, county, or city and county to match at least 35% of the funds awarded over 3 years. The bill would increase the maximum grant to a single recipient under the program from $1,000,000 to $2,000,000, and require the department to adjust that amount for inflation at least once every 5 years. The bill would require that the criteria for awarding grants additionally be weighted for a local government applicant that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer, as defined.
(2)Existing law also establishes the Community Code Enforcement Pilot Program pursuant to which the Department of Housing and Community Development awards grants to communities that develop a code enforcement pilot program meeting specified criteria. Existing law limits the amount of a grant under these provisions to $450,000, to pay for costs incurred over the life of the program. Existing law requires that each city, county, or city and county receiving a grant develop a code enforcement team consisting of, among others, a least one full-time code enforcement officer. Existing law requires each grantee to provide, and fund at its own expense, at least one city planner, health officer, or comparable specialist for the duration of the pilot program, and requires that the grant funds be used for the code enforcement and related program costs or for capital expenditures, as specified. Existing law requires a grant proposal to include, among other things, a plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials and other, specified local officials.
The bill would increase the maximum grant under the program from $450,000 to $2,000,000, and require the department to adjust that amount for inflation at least once every 5 years. The bill would require that the full-time code enforcement officer on the code enforcement team, as described above, be a certified code enforcement officer, as defined, and that the team additionally include at least one representative from a community-based organization. The bill would revise the requirement for a grantee to provide and fund a city planner, health officer, or other specialist to specify that the grantee may provide and fund a building official. The bill would also revise the authorized use of grant funds to include support for the engagement of community-based organizations. The bill would revise the requirement for the plan for cooperative and effective working relationships, as described above, to include cooperative and effective working relationships with local building officials and community-based organizations. The bill would also additionally require the grant proposal to include the number of certified code enforcement officers, as defined, employed by the applicant.
The Department of Housing and Community Development, upon appropriation by the Legislature for this purpose, shall make funds available as matching code enforcement incentive grants to cities, counties, and cities and counties to increase staffing or capital expenditures dedicated to local building code enforcement efforts. The funds shall be subject to all of the following provisions:
(a)Code enforcement incentive grants shall be made to grantees that shall operate local building code enforcement programs for more than three years.
(b)The city, county, or city and county shall provide a cash or in-kind local match of at least 35 percent of the funds awarded over three years.
(c)The maximum grant to a single recipient shall not exceed two million dollars ($2,000,000), adjusted for inflation by the department at least once every five years. The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources.
(d)Funds may be used to supplement, but shall not supplant, existing local funding for code enforcement related to housing code maintenance. The applicants shall demonstrate an intent to ensure cooperative and effective working relationships between code enforcement officials and local prosecutorial agencies, the local health department, and local government housing rehabilitation financing agencies.
(e)Within six months after completion of each program cycle approved by the department and funded by the Legislature, grant recipients shall submit a report to their local legislative bodies and to the department regarding the results of the expanded housing maintenance code enforcement efforts and recommendations for changes in state or local laws and regulations related to code enforcement. The department shall summarize the results and transmit the reports to the Legislature as part of the departments next annual report required to be submitted to the Legislature pursuant to Section 50408 of the Health and Safety Code one year after the grant recipients submission date. The department may require submission of interim progress reports.
(f)The department may use up to 5 percent of the funds appropriated by the Legislature for administering the programs authorized by this chapter.
(g)(1)The department shall award the grants on a competitive basis with criteria to be established and specified in a Notice of Funding Availability. The criteria shall be weighted for all of the following:
(A)Local government applicants with neighborhoods populated by high percentages of lower income renter households, and with significant numbers of deteriorating housing stock containing reported or suspected housing code violations.
(B)Local government applicants that propose to identify and prosecute landlords with habitual, repeated, and multiple code violations that have remained unabated beyond the period required for abatement.
(C)Local government applicants that propose to prevent displacement of lower income renter or owner households as a result of code enforcement.
(D)Local government applicants that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer, as defined in subdivision (c) of Section 26206.
(2)In addition to the criteria described in paragraph (1), the department shall attempt to award grants to cities, counties, and cities and counties in order to obtain a wide range of population sizes and compositions and geographical distribution.
(3)Eligibility criteria, applications, awards, and other program requirements implementing this chapter shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(h)The department shall provide technical assistance to grant recipients to assist grant recipients with local code enforcement efforts described in this section.
SEC. 2.Section 17998.2 of the Health and Safety Code is amended to read:17998.2.(a)It is the intent of the Legislature in the enactment of this section to do all of the following:
(1)Initiate a coordinated active community approach to code enforcement.
(2)Create a pilot program in which the department awards grants to communities that develop a code enforcement program pursuant to the criteria established by this section.
(3)Substantially reduce the incidence of substandard housing through the use of creative and coordinated techniques of code enforcement involving an interdepartmental approach at the local government level and partnerships with community-based organizations.
(b)The grant program established pursuant to this section shall be known as the Community Code Enforcement Pilot Program. The Department of Housing and Community Development shall administer the Community Code Enforcement Pilot Program.
(1)The department need not adopt regulations for the program. The department shall publish and distribute a Notice of Funding Availability that contains application forms and instructions, eligibility criteria, criteria for the rating and ranking of applications, outcome evaluation criteria, interim or final reporting requirements, and other information that the department considers necessary or useful for implementation of the program.
(2)The department shall review, rate, and rank applications based on its evaluation of the information provided pursuant to subdivision (f) and their projected program performance as measured by all of the following criteria, considering the size of the applicant community:
(A)The minimum number of housing units affordable to lower income households that will be rehabilitated or otherwise brought into compliance with applicable building and housing codes.
(B)The estimated amount of grants and low interest rehabilitation loan funds, from sources other than this program, that will be made available to the owners of housing units affordable to lower income households that are determined to need rehabilitation or repair pursuant to the program.
(C)The incidence of poverty and deteriorating housing or housing code violations in each target area.
(3)In addition to the other criteria in this subdivision, the department shall attempt to award community code enforcement pilot program grants to cities, counties, and cities and counties with a wide range of population sizes and compositions and geographical distribution.
(c)The department shall award community code enforcement pilot program grants for programs that shall operate for more than three years. The grants shall not exceed two million dollars ($2,000,000), adjusted for inflation by the department at least once every five years. The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources.
(d)Each city, county, or city and county receiving a grant shall develop a code enforcement team consisting of at least all of the following:
(1)One full-time certified code enforcement officer, as defined in subdivision (c) of Section 26206.
(2)One part-time city planner, health officer, building official, or comparable specialist.
(3)One representative from a community-based organization.
(e)Each grantee shall provide, and fund at its own expense, at least one city planner, health officer, building official, or comparable specialist for the duration of the pilot program, for a minimum of 20 hours per week. The grant funds shall be used for the code enforcement officer, related program costs, which may include full-time or part-time personnel, in addition to the grantees contributions, or for capital expenditures, and to support the engagement of community-based organizations.
(f)Grant proposals shall include all of the following:
(1)Demonstration of serious, current housing code enforcement deficiencies within each target area, whether those code deficiencies are in violation of locally enacted ordinances or state codes.
(2)A plan to have high visibility of code enforcement staff and to create close and frequent communication and interaction with residents and property owners of the target area, including in the evenings and on weekends.
(3)A plan to convene community meetings to inform residents of the pilot program.
(4)A plan to conduct ongoing frequent informal and formal community meetings with the code enforcement team and residents of the community involved in the pilot program.
(5)A plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials, local health department officials, local prosecutorial agencies, local building officials, officials operating local programs providing public funds to finance affordable rental housing rehabilitation and repairs, and community-based organizations.
(6)A plan to prevent displacement of lower income renter or owner households as a result of code enforcement.
(7)A plan for timely and effective administrative and judicial enforcement of code violations.
(8)The number of certified code enforcement officers, as defined in subdivision (c) of Section 26206, employed by the applicant.
(g)The administrator of each grantees pilot program shall evaluate the pilot program and report the findings and other criteria requested by the department indicating the effectiveness of the pilot program to the department within six months after completion of each program cycle approved by the department and funded by the Legislature. The department may require submission of interim progress reports. The administrator shall evaluate the pilot program based on criteria including, but not limited to, the following:
(1)Results of a participant survey, including owners, residents, and active community leaders.
(2)Comparison of each targeted area with similar neighborhoods with respect to repeat calls for service and other criteria testing the effectiveness of the pilot program.
(3)The extent of any perceived or actual property value change between the commencement and the completion of the pilot program.
(4)The number of cases opened and the number of cases closed, identifying the nature of code violations, the necessity of formal proceedings, the cost and nature of abatement violations, or other factors influencing the effectiveness of the pilot program.
(h)The department shall review and report to the Legislature on the findings of the pilot program administrators, as part of its next annual report required to be submitted to the Legislature pursuant to Section 50408 of the Health and Safety Code Code, one year after the grant recipients submission date.
The Department of Housing and Community Development, upon appropriation by the Legislature for this purpose, shall make funds available as matching code enforcement incentive grants to cities, counties, and cities and counties to increase staffing or capital expenditures dedicated to local building code enforcement efforts. The funds shall be subject to all of the following provisions:
(a)Code enforcement incentive grants shall be made to grantees that shall operate local building code enforcement programs for more than three years.
(b)The city, county, or city and county shall provide a cash or in-kind local match of at least 35 percent of the funds awarded over three years.
(c)The maximum grant to a single recipient shall not exceed two million dollars ($2,000,000), adjusted for inflation by the department at least once every five years. The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources.
(d)Funds may be used to supplement, but shall not supplant, existing local funding for code enforcement related to housing code maintenance. The applicants shall demonstrate an intent to ensure cooperative and effective working relationships between code enforcement officials and local prosecutorial agencies, the local health department, and local government housing rehabilitation financing agencies.
(e)Within six months after completion of each program cycle approved by the department and funded by the Legislature, grant recipients shall submit a report to their local legislative bodies and to the department regarding the results of the expanded housing maintenance code enforcement efforts and recommendations for changes in state or local laws and regulations related to code enforcement. The department shall summarize the results and transmit the reports to the Legislature within six months after the grant recipients submission date. as part of the departments next annual report required to be submitted to the Legislature pursuant to Section 50408 of the Health and Safety Code one year after the grant recipients submission date. The department may require submission of interim progress reports.
(f)The department may use up to 5 percent of the funds appropriated by the Legislature for administering the programs authorized by this chapter.
(g)(1)The department shall award the grants on a competitive basis with criteria to be established and specified in a Notice of Funding Availability. The criteria shall be weighted for all of the following:
(A)Local government applicants with neighborhoods populated by high percentages of lower income renter households, with significant numbers of deteriorating housing stock containing reported or suspected housing code violations and often owned by absentee owners. violations.
(B)Local government applicants that propose to identify and prosecute owners landlords with habitual, repeated, and multiple code violations that have remained unabated beyond the period required for abatement.
(C)Local government applicants that propose to prevent displacement of lower income renter or owner households as a result of code enforcement.
(C)(D)Local government applicants that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer, as defined in subdivision (c) of Section 26206.
(2)In addition to the criteria described in paragraph (1), the department shall attempt to award grants to cities, counties, and cities and counties in order to obtain a wide range of population sizes and compositions and geographical distribution.
(3)Eligibility criteria, applications, awards, and other program requirements implementing this chapter shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 17998.2 of the Health and Safety Code is amended to read:17998.2.(a)It is the intent of the Legislature in the enactment of this section to do all of the following:
(1)Initiate a coordinated active community approach to code enforcement.
(2)Create a pilot program in which the department awards grants to communities that develop a code enforcement program pursuant to the criteria established by this section.
(3)Substantially reduce the incidence of substandard housing through the use of creative and coordinated techniques of code enforcement involving an interdepartmental approach at the local government level and partnerships with community-based organizations.
(b)The grant program established pursuant to this section shall be known as the Community Code Enforcement Pilot Program. The Department of Housing and Community Development shall administer the Community Code Enforcement Pilot Program.
(1)The department need not adopt regulations for the program. The department shall publish and distribute a Notice of Funding Availability that contains application forms and instructions, eligibility criteria, criteria for the rating and ranking of applications, outcome evaluation criteria, interim or final reporting requirements, and other information that the department considers necessary or useful for implementation of the program.
(2)The department shall review, rate, and rank applications based on its evaluation of the information provided pursuant to subdivision (f) and their projected program performance as measured by all of the following criteria, considering the size of the applicant community:
(A)The minimum number of housing units affordable to lower income households that will be rehabilitated or otherwise brought into compliance with applicable building and housing codes.
(B)The estimated amount of grants and low interest rehabilitation loan funds, from sources other than this program, that will be made available to the owners of housing units affordable to lower income households that are determined to need rehabilitation or repair pursuant to the program.
(C)The incidence of poverty and deteriorating housing or housing code violations in each target area.
(3)In addition to the other criteria in this subdivision, the department shall attempt to award community code enforcement pilot program grants to cities, counties, and cities and counties with a wide range of population sizes and compositions and geographical distribution.
(c)The department shall award community code enforcement pilot program grants for programs that shall operate for more than three years. The grants shall not exceed two million dollars ($2,000,000), adjusted for inflation by the department at least once every five years. The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources.
(d)Each city, county, or city and county receiving a grant shall develop a code enforcement team consisting of at least all of the following:
(1)One full-time certified code enforcement officer, as defined in subdivision (c) of Section 26206.
(2)One part-time city planner, health officer, building official, or comparable specialist.
(3)One representative from a community-based organization.
(e)Each grantee shall provide, and fund at its own expense, at least one city planner, health officer, building official official, or comparable specialist for the duration of the pilot program, for a minimum of 20 hours per week. The grant funds shall be used for the code enforcement officer, related program costs, which may include full-time or part-time personnel, in addition to the grantees contributions, or for capital expenditures, and to support the engagement of community-based organizations.
(f)Grant proposals shall include all of the following:
(1)Demonstration of serious, current housing code enforcement deficiencies within each target area, whether those code deficiencies are in violation of locally enacted ordinances or state codes.
(2)A plan to have high visibility of code enforcement staff and to create close and frequent communication and interaction with residents and property owners of the target area, including in the evenings and on weekends.
(3)A plan to convene community meetings to inform residents of the pilot program.
(4)A plan to conduct ongoing frequent informal and formal community meetings with the code enforcement team and residents of the community involved in the pilot program.
(5)A plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials, local health department officials, local prosecutorial agencies, local building officials, officials operating local programs providing public funds to finance affordable rental housing rehabilitation and repairs, and community-based organizations.
(6)A plan to prevent displacement of lower income renter or owner households as a result of code enforcement.
(6)(7)A plan for timely and effective administrative and judicial enforcement of code violations.
(7)(8)The number of certified code enforcement officers, as defined in subdivision (c) of Section 26206, employed by the applicant.
(g)The administrator of each grantees pilot program shall evaluate the pilot program and report the findings and other criteria requested by the department indicating the effectiveness of the pilot program to the department within six months after completion of each program cycle approved by the department and funded by the Legislature. The department may require submission of interim progress reports. The administrator shall evaluate the pilot program based on criteria including, but not limited to, the following:
(1)Results of a participant survey, including owners, residents, and active community leaders.
(2)Comparison of each targeted area with similar neighborhoods with respect to repeat calls for service and other criteria testing the effectiveness of the pilot program.
(3)The extent of any perceived or actual property value change between the commencement and the completion of the pilot program.
(4)The number of cases opened and the number of cases closed, identifying the nature of code violations, the necessity of formal proceedings, the cost and nature of abatement violations, or other factors influencing the effectiveness of the pilot program.
(h)The department shall review and report to the Legislature within six months after the grant recipients submission date on the findings of the pilot program administrators. administrators, as part of its next annual report required to be submitted to the Legislature pursuant to Section 50408 of the Health and Safety Code one year after the grant recipients submission date.
The Department of Housing and Community Development, upon appropriation by the Legislature for this purpose, shall make funds available as matching code enforcement incentive grants to cities, counties, and cities and counties to increase staffing or capital expenditures dedicated to local building code enforcement efforts. The funds shall be subject to all of the following provisions:
(a)Code enforcement incentive grants shall be made to grantees that shall operate local building code enforcement programs for more than three years.
(b)The city, county, or city and county shall provide a cash or in-kind local match of at least 35 percent of the funds awarded over three years.
(c)The maximum grant to a single recipient shall not exceed two million dollars ($2,000,000), adjusted for inflation by the department at least once every five years. The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources.
(d)Funds may be used to supplement, but shall not supplant, existing local funding for code enforcement related to housing code maintenance. The applicants shall demonstrate an intent to ensure cooperative and effective working relationships between code enforcement officials and local prosecutorial agencies, the local health department, and local government housing rehabilitation financing agencies.
(e)Within six months after completion of each program cycle approved by the department and funded by the Legislature, grant recipients shall submit a report to their local legislative bodies and to the department regarding the results of the expanded housing maintenance code enforcement efforts and recommendations for changes in state or local laws and regulations related to code enforcement. The department shall summarize the results and transmit the reports to the Legislature within six months after the grant recipients submission date. The department may require submission of interim progress reports.
(f)The department may use up to 5 percent of the funds appropriated by the Legislature for administering the programs authorized by this chapter.
(g)(1)The department shall award the grants on a competitive basis with criteria to be established and specified in a Notice of Funding Availability. The criteria shall be weighted for all of the following:
(A)Local government applicants with neighborhoods populated by high percentages of lower income households, with significant numbers of deteriorating housing stock containing reported or suspected housing code violations and often owned by absentee owners.
(B)Local government applicants that propose to identify and prosecute owners with habitual, repeated, multiple code violations that have remained unabated beyond the period required for abatement.
(C)Local government applicants that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer, as defined in subdivision (c) of Section 26206.
(2)In addition to the criteria described in paragraph (1), the department shall attempt to award grants to cities, counties, and cities and counties in order to obtain a wide range of population sizes and compositions and geographical distribution.
(3)Eligibility criteria, applications, awards, and other program requirements implementing this chapter shall not be subject to the requirements of Chapter 2.5 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 17998.2 of the Health and Safety Code is amended to read:17998.2.(a)It is the intent of the Legislature in the enactment of this section to do all of the following:
(1)Initiate a coordinated active community approach to code enforcement.
(2)Create a pilot program in which the department awards grants to communities that develop a code enforcement program pursuant to the criteria established by this section.
(3)Substantially reduce the incidence of substandard housing through the use of creative and coordinated techniques of code enforcement involving an interdepartmental approach at the local government level and partnerships with community-based organizations.
(b)The grant program established pursuant to this section shall be known as the Community Code Enforcement Pilot Program. The Department of Housing and Community Development shall administer the Community Code Enforcement Pilot Program.
(1)The department need not adopt regulations for the program. The department shall publish and distribute a Notice of Funding Availability that contains application forms and instructions, eligibility criteria, criteria for the rating and ranking of applications, outcome evaluation criteria, interim or final reporting requirements, and other information that the department considers necessary or useful for implementation of the program.
(2)The department shall review, rate, and rank applications based on its evaluation of the information provided pursuant to subdivision (e), (f) and their projected program performance as measured by all of the following criteria, considering the size of the applicant community:
(A)The minimum number of housing units affordable to lower income households that will be rehabilitated or otherwise brought into compliance with applicable building and housing codes.
(B)The estimated amount of grants and low interest rehabilitation loan funds, from sources other than this program, that will be made available to the owners of housing units affordable to lower income households that are determined to need rehabilitation or repair pursuant to the program.
(C)The incidence of poverty and deteriorating housing or housing code violations in each target area.
(3)In addition to the other criteria in this subdivision, the department shall attempt to award community code enforcement pilot program grants to cities, counties, and cities and counties with a wide range of population sizes and compositions and geographical distribution.
(c)The department shall award community code enforcement pilot program grants for programs that shall operate for more than three years. The grants shall not exceed two million dollars ($2,000,000), adjusted for inflation by the department at least once every five years. The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources.
(d)Each city, county, or city and county receiving a grant shall develop a code enforcement team consisting of a at least one all of the following:
(1)One full-time certified code enforcement officer, as defined in subdivision (c) of Section 26206, a 26206.
(2)One part-time city planner, health officer, building official, or comparable specialist, and at least one specialist.
(3)One representative from a community-based organization. Each
(e)Each grantee shall provide, and fund at its own expense, at least one city planner, health officer, building official or comparable specialist for the duration of the pilot program, for a minimum of 20 hours per week. The grant funds shall be used for the code enforcement officer, related program costs, which may include full-time or part-time personnel, in addition to the grantees contributions, or for capital expenditures, and to support the engagement of community-based organizations.
(e)(f)Grant proposals shall include all of the following:
(1)Demonstration of serious, current housing code enforcement deficiencies within each target area, whether those code deficiencies are in violation of locally enacted ordinances or state codes.
(2)A plan to have high visibility of code enforcement staff and to create close and frequent communication and interaction with residents and property owners of the target area, including in the evenings and on weekends.
(3)A plan to convene community meetings to inform residents of the pilot program.
(4)A plan to conduct ongoing frequent informal and formal community meetings with the code enforcement team and residents of the community involved in the pilot program.
(5)A plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials, local health department officials, local prosecutorial agencies, local building officials, officials operating local programs providing public funds to finance affordable rental housing rehabilitation and repairs, and community-based organizations.
(6)A plan for timely and effective administrative and judicial enforcement of code violations.
(7)The number of certified code enforcement officers, as defined in subdivision (c) of Section 26206, employed by the applicant.
(f)(g)The administrator of each grantees pilot program shall evaluate the pilot program and report the findings and other criteria requested by the department indicating the effectiveness of the pilot program to the department within six months after completion of each program cycle approved by the department and funded by the Legislature. The department may require submission of interim progress reports. The administrator shall evaluate the pilot program based on criteria including, but not limited to, the following:
(1)Results of a participant survey, including owners, residents, and active community leaders.
(2)Comparison of each targeted area with similar neighborhoods with respect to repeat calls for service and other criteria testing the effectiveness of the pilot program.
(3)The extent of any perceived or actual property value change between the commencement and the completion of the pilot program.
(4)The number of cases opened and the number of cases closed, identifying the nature of code violations, the necessity of formal proceedings, the cost and nature of abatement violations, or other factors influencing the effectiveness of the pilot program.
(g)(h)The department shall review and report to the Legislature within six months after the grant recipients submission date on the findings of the pilot program administrators.
The Department of Housing and Community Development, upon appropriation by the Legislature for this purpose, shall make funds available as matching code enforcement incentive grants to cities, counties, and cities and counties to increase staffing or capital expenditures dedicated to local building code enforcement efforts. The funds shall be subject to all of the following provisions:
(a) Grants Code enforcement incentive grants shall be made to grantees that shall operate local building code enforcement programs for more than three years.
(b) The city, county, or city and county shall provide a cash or in-kind local match of at least 25 percent in the first year, at least 50 percent in the second year, and at least 75 percent in the third year. 35 percent of the funds awarded over three years.
(c) The maximum grant to a single recipient shall not exceed one million dollars ($1,000,000). two million dollars ($2,000,000), adjusted for inflation by the department at least once every five years. The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources.
(d) Funds may be used to supplement, but shall not supplant, existing local funding for code enforcement related to housing code maintenance. The applicants shall demonstrate an intent to ensure cooperative and effective working relationships between code enforcement officials and local prosecutorial agencies, the local health department, and local government housing rehabilitation financing agencies.
(e) Within six months after completion of each program cycle approved by the department and funded by the Legislature, grant recipients shall submit a report to their local legislative bodies and to the department regarding the results of the expanded housing maintenance code enforcement efforts and recommendations for changes in state or local laws and regulations related to code enforcement. The department shall summarize the results and transmit the reports to the Legislature within six months after the grant recipients submission date. The department may require submission of interim progress reports.
(f) The department may use up to 5 percent of the funds appropriated by the Legislature for administering the programs authorized by this chapter.
(g) (1)The department shall award the grants on a competitive basis with criteria to be established and specified in a Notice of Funding Availability. The criteria shall be weighted for local all of the following:
(A)Local government applicants with neighborhoods populated by high percentages of lower income households, with significant numbers of deteriorating housing stock containing reported or suspected housing code violations and often owned by absentee owners. The criteria shall also be weighted for applications that
(B)Local government applicants that propose to identify and prosecute owners with habitual, repeated, multiple code violations that have remained unabated beyond the period required for abatement. In
(C)Local government applicants that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer, as defined in subdivision (c) of Section 26206.
(2)In addition to those criteria, the criteria described in paragraph (1), the department shall attempt to award grants to cities, counties, and cities and counties in order to obtain a wide range of population sizes and compositions and geographical distribution. Eligibility
(3)Eligibility criteria, applications, awards, and other program requirements implementing this chapter shall not be subject to the requirements of Chapter 2.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code.
SEC. 2.Section 17998.2 of the Health and Safety Code is amended to read:17998.2.(a) It is the intent of the Legislature in the enactment of this section to do all of the following:
(1) Initiate a coordinated active community approach to code enforcement.
(2) Create a pilot program in which the department awards grants to communities that develop a code enforcement program pursuant to the criteria established by this section.
(3) Substantially reduce the incidence of substandard housing through the use of creative and coordinated techniques of code enforcement involving an interdepartmental approach at the local government level. level and partnerships with community-based organizations.
(b) The grant program established pursuant to this section shall be known as the Community Code Enforcement Pilot Program. The Department of Housing and Community Development shall administer the Community Code Enforcement Pilot Program.
(1) The department need not adopt regulations for the program. The department shall publish and distribute a Notice of Funding Availability that contains application forms and instructions, eligibility criteria, criteria for the rating and ranking of applications, outcome evaluation criteria, interim or final reporting requirements, and other information that the department considers necessary or useful for implementation of the program.
(2) The department shall review, rate, and rank applications based on its evaluation of the information provided pursuant to subdivision (e), and their projected program performance as measured by all of the following criteria, considering the size of the applicant community:
(A) The minimum number of housing units affordable to lower income households that will be rehabilitated or otherwise brought into compliance with applicable building and housing codes.
(B) The estimated amount of grants and low interest rehabilitation loan funds, from sources other than this program, that will be made available to the owners of housing units affordable to lower income households that are determined to need rehabilitation or repair pursuant to the program.
(C) The incidence of poverty and deteriorating housing or housing code violations in each target area.
(3) In addition to the other criteria in this subdivision, the department shall attempt to award community code enforcement pilot program grants to cities, counties, and cities and counties with a wide range of population sizes and compositions and geographical distribution.
(c) The department shall award community code enforcement pilot program grants for programs that shall operate for more than three years. The grants shall not exceed four hundred fifty thousand dollars ($450,000), which shall pay for costs incurred over the life of the program. two million dollars ($2,000,000), adjusted for inflation by the department at least once every five years. The department may establish minimum grant levels and lower maximum grant levels, depending on the amount and uses of funding sources.
(d) Each city, county, or city and county receiving a grant shall develop a code enforcement team consisting of a least one full-time certified code enforcement officer and officer, as defined in subdivision (c) of Section 26206, a part-time city planner, health officer, building official, or comparable specialist. specialist, and at least one representative from a community-based organization. Each grantee shall provide, and fund at its own expense, at least one city planner, health officer, building official or comparable specialist for the duration of the pilot program, for a minimum of 20 hours per week. The grant funds shall be used for the code enforcement officer and officer, related program costs, which may include full-time or part-time personnel, in addition to the grantees contributions, or for capital expenditures. expenditures, and to support the engagement of community-based organizations.
(e) Grant proposals shall include all of the following:
(1) Demonstration of serious, current housing code enforcement deficiencies within each target area, whether those code deficiencies are in violation of locally enacted ordinances or state codes.
(2) A plan to have high visibility of code enforcement staff and to create close and frequent communication and interaction with residents and property owners of the target area, including in the evenings and on weekends.
(3) A plan to convene community meetings to inform residents of the pilot program.
(4) A plan to conduct ongoing frequent informal and formal community meetings with the code enforcement team and residents of the community involved in the pilot program.
(5) A plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials, local health department officials, local prosecutorial agencies, and agencies, local building officials, officials operating local programs providing public funds to finance affordable rental housing rehabilitation and repairs. repairs, and community-based organizations.
(6) A plan for timely and effective administrative and judicial enforcement of code violations.
(7)The number of certified code enforcement officers, as defined in subdivision (c) of Section 26206, employed by the applicant.
(f) The administrator of each grantees pilot program shall evaluate the pilot program and report the findings and other criteria requested by the department indicating the effectiveness of the pilot program to the department within six months after completion of each program cycle approved by the department and funded by the Legislature. The department may require submission of interim progress reports. The administrator shall evaluate the pilot program based on criteria including, but not limited to, the following:
(1) Results of a participant survey, including owners, residents, and active community leaders.
(2) Comparison of each targeted area with similar neighborhoods with respect to repeat calls for service and other criteria testing the effectiveness of the pilot program.
(3) The extent of any perceived or actual property value change between the commencement and the completion of the pilot program.
(4) The number of cases opened and the number of cases closed, identifying the nature of code violations, the necessity of formal proceedings, the cost and nature of abatement violations, or other factors influencing the effectiveness of the pilot program.
(g) The department shall review and report to the Legislature within six months after the grant recipients submission date on the findings of the pilot program administrators.
|
Date
|
Status
|
|---|---|
| Feb 1, 2024 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
| May 18, 2023 | May 18 hearing: Held in committee and under submission. |
| May 12, 2023 | Set for hearing May 18. |
| May 1, 2023 | May 1 hearing: Placed on APPR suspense file. |
| Apr 25, 2023 | Set for hearing May 1. |
| Apr 24, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Apr 20, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 19, 2023 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 796.) (April 18). |
| Mar 30, 2023 | Set for hearing April 18. |
| Mar 16, 2023 | March 21 hearing postponed by committee. |
| Mar 14, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING. |
| Mar 7, 2023 | Set for hearing March 21. |
| Feb 15, 2023 | Referred to Com. on HOUSING. |
| Feb 9, 2023 | From printer. May be acted upon on or after March 11. |
| Feb 8, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 1, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County | * Support | Apr 18, 2023 |
| California Association Of Code Enforcement Officers | * Support | Apr 18, 2023 |
| California Building Officials | * Support | Apr 18, 2023 |
| California Rural Legal Assistance Foundation | ** Support | |
| Coalition for Economic Survival | ** Support | |
| Community Action to Fight Asthma | ** Support | |
| Healing and Justice Center | ** Support | |
| Human Impact Partners | ** Support | |
| Law Foundation of Silicon Valley | ** Support | |
| Munireg LLC | ** Support | |
| Public Health Institute | * Support | Apr 18, 2023 |
| Regional Asthma Management and Prevention | * Support | Apr 18, 2023 |
| Western Center On Law And Poverty Inc | * Support | Apr 18, 2023 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 356 (Archuleta) - Housing: Code Enforcement Incentive Program: Community Code Enforcement Pilot Program
Version: April 24, 2023 | Policy Vote: HOUSING 10 - 0 |
Urgency: No | Mandate: No |
Hearing Date: May 1, 2023 | Consultant: Mark McKenzie |
Bill Summary:
SB 356 would increase the maximum grant amount, reduce the local matching fund requirement, and make other specified changes to the Code Enforcement Incentive (CE Incentive) Program and the Community Code Enforcement Pilot (CE Pilot) Program.
Fiscal Impact:
- The Department of Housing and Community Development (HCD) estimates costs of $764,000 for 4.0 PY of staff in the first year, $1.19 million for 6.0 PY of staff in the second year, and $1.56 million for 8.0 PY of staff in subsequent years to re-establish and administer the CE Incentive and CE Pilot Programs, including: program design; engaging with stakeholders; developing guidelines, a Notice of Funding Availability (NOFA), and application documents; providing technical assistance; awarding and disbursing funds; and conducting ongoing reporting and compliance monitoring. Staff notes that these costs would only be incurred to the extent that funding is appropriated for the CE Incentive and Pilot Programs. (General Fund)
- Increased General Fund cost pressures resulting from the increase in the maximum grant amounts and the decrease in local matching fund requirements.
Background:
Existing law authorizes local governments to enforce within their jurisdiction all the provisions published in the State Building Standards Code, the provisions of State Housing Law, and the other rules and regulations promulgated pursuant to the provisions of State Housing Law pertaining to residential housing developments, as specified.
Existing law, as enacted by AB 1382 (Lowenthal), Chap. 664/2000, establishes the CE Incentive Program and requires HCD, upon appropriation of funds by the Legislature, to award competitive grants of up to $1 million based on specified criteria to cities and counties to increase staffing or capital expenditures dedicated to local building code enforcement efforts related to housing code maintenance. The funds would supplement existing local code enforcement funding, and grant recipients must provide a cash or in-kind local match of at least 25% in the first year, 50% in the second year, and 75% in the third year. Each grant recipient must report the results of expanded code enforcement efforts and recommendations for changes to laws and regulations related to code enforcement within six months of completion of a funding cycle, and HCD must summarize the results and submit the reports to the Legislature within six months.
AB 1382 also established the CE Pilot Program and requires HCD, upon appropriation of funds by the Legislature, to award competitive grants of up to $450,000 to cities and counties based on specified criteria for the development of code enforcement programs that must operate for more than three years. The grant moneys must be used to fund at least one full-time certified code enforcement officer and related program costs or for capital expenditures, and the grantee must fund at its own expense at least once city planner, health officer, or comparable specialist for at least 20 hours per week for the duration of the program. The administrator of each grantee’s pilot program must evaluate the pilot and report findings to HCD within six months of completion of a funding cycle, and HCD must review the findings of the pilot program administrators and report to the Legislature within six months.
The CE Incentive and CE Pilot Programs have only received two allocations of funding: a one-time General Fund appropriation of $5 million in the Budget Act of 2000 for increased staff dedicated to local building code enforcement efforts, and $5 million in general obligation bond funding for specified capital expenditures from Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002.
Proposed Law:
SB 356 would make the following changes to the CE Incentive and CE Pilot Programs:
- Increase the maximum grant to a single recipient under both the CE Incentive and CE Pilot Programs to $2 million, and require HCD to adjust the maximum grant amounts for inflation at least once every five years.
- Delete the graduated local matching requirement amounts for the CE Incentive Program and instead require a grantee to provide a cash or in-kind local match of at least 35% over three years.
- Require HCD to include reports on both the CE Incentive and CE Pilot Programs in its annual report to the Legislature rather than HCD reporting to the Legislature within six months of receiving information from grant recipients.
- Add the following eligibility criteria for HCD to consider as part of the CE Incentive Program grant application process:
- Applicants that propose to prevent displacement of lower income renter or owner households as a result of code enforcement.
- Applicants that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer, as specified.
- Require HCD to provide technical assistance to CE Incentive Program grant recipients, as specified.
- Require grant recipients under the CE Pilot Program to include one representative from a community-based organization as part of the code enforcement team.
- Expand the authorized uses of CE Pilot Program grant funds to allow for supporting the engagement of community-based organizations.
- Require CE Pilot Program grant proposals to include a plan to prevent displacement of lower income renter or owner households as a result of code enforcement, and the number of certified code enforcement officers employed by the grant applicant.
Related Legislation:
AB 1008 (Lowenthal), Chap. 723/2002, eliminated the January 1, 2005 sunset date on the Community Code Enforcement Pilot Program, and the specified 2003 deadline for the use of funds under the Code Enforcement Incentive Program, as well as authorized the use of grant funds used for capital expenditures and made other changes to program guidelines.
AB 1382 (Lowenthal), Chap.664/2000, established the Code Enforcement Incentive Program and the Community Code Enforcement Pilot Program, allocated $2.25 million for the Pilot Program, and specified that any of the funds that were not awarded by December 31, 2001 could be awarded under the Incentive Program, as specified.
Staff Comments:
Since these programs have not received funding over the past 20 years and are essentially dormant, HCD does not have staff dedicated to administering the CE Incentive or CE Pilot Programs. HCD’s costs noted above would be to hire new staff, if funding is appropriated to support the programs in a future fiscal year. Additional staffing resources may be needed, to the extent that more than $10 million is appropriated for this purpose.
Staff notes that the author has submitted a budget request for a one-time $18 million appropriation to provide funding for the CE Incentive and CE Pilot Programs.
-- END --
SENATE COMMITTEE ON HOUSING
Senator Scott Wiener, Chair
2023 - 2024 Regular
Bill No: SB 356 Hearing Date: 4/18/2023
Author: | Archuleta | ||
Version: | 3/14/2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Aiyana Cortez | ||
SUBJECT: Housing: Code Enforcement Incentive Program: Community Code Enforcement Pilot Program
DIGEST: This bill makes changes to the Code Enforcement Incentive and Community Code Enforcement Pilot Programs.
ANALYSIS:
Existing law:
- Authorizes local governments to enforce within their jurisdiction all the provisions published in the State Building Standards Code, the provisions of State Housing Law, and the other rules and regulations promulgated pursuant to the provisions of State Housing Law pertaining to the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, demolition, or arrangement of apartment houses, hotels, or dwellings.
- Establishes the Code Enforcement Incentive Program pursuant to which the Department of Housing and Community Development (HCD), upon appropriation by the Legislature, makes funds available as matching grants to local governments that operate local building enforcement programs for more than three years, as provided.
- Requires the recipient local government to provide a case or in-kind local match of least 25% in the first year, 50% in the second year, and 75% in the third year, and limits the maximum grant to a single recipient under the program to $1,000,000.
- Requires HCD to award grants under the program on a competitive basis, based on criteria weighted for specified applicants, including local government applicants that propose to identify and prosecute owners with habitual, repeated, multiple code violations that have remained unabated beyond the period required for abatement.
- Establishes the Community Code Enforcement Pilot Program in which HCD awards grants to communities that develop a code enforcement pilot program meeting specified criteria. Grants are limited to $450,000 to pay for costs incurred over the life of the program.
- Requires that each local government receiving a grant develop a code enforcement team consisting of, among others, a least one full-time code enforcement officer. Each grantee shall provide, and fund at its own expense, at least one city planner, health officer, or comparable specialist for the duration of the pilot program, and requires that the grant funds be used for the code enforcement and related program costs or for capital expenditures, as specified.
- Requires a grant proposal to include, among other things, a plan demonstrating an intent to ensure cooperative and effective working relationships between code enforcement officials and other specified local officials.
This bill:
- Changes the local government match to 35% of the funds awarded over three years by the Code Enforcement Incentive Grant Program.
- Increases the maximum grant to a single recipient of the Code Enforcement Incentive Grant and the Community Code Enforcement Pilot Programs to $2 million, to be adjusted for inflation at least once every five years.
- Recasts provisions relating to weighting criteria and adds local government applicants that have employed, or propose to employ by the end of the grant period, a certified code enforcement officer to the weighting criteria considered by HCD when awarding code enforcement incentive grants.
- Adds the goal of reducing the incidence of substandard housing through partnerships with community-based organizations to the intent language of the Community Code Enforcement Pilot Program.
- Modifies the composition of the code enforcement team required to be developed by local governments receiving a Community Code Enforcement Pilot Program grant. This bill specifies that the team should consist of:
- At least one full-time certified code enforcement officer,
- A part-time city planner, health officer, building official, or comparable specialist, and
- At least one representative from a community-based organization.
- Makes other technical and clarifying changes.
COMMENTS:
- Author’s statement. “Over twenty years ago, the legislature had the foresight to create Code Enforcement Incentive Grant Programs. The goal of the programs is to support local efforts to identify and remediate deteriorated housing before problems get so severe that the housing is lost to the market. While these grants supported innovative projects and partnerships across the state in the early and mid-2000s, funding for the program was cut as the state faced significant budget shortfalls following the 2008 recession. Unfortunately, as the state’s finances improved, funding to the program was never restored. The state and local governments are investing hundreds of millions of dollars to support the construction of new housing units to help alleviate the housing crisis. Very little is invested in housing code enforcement to ensure the state’s existing housing stock is not lost due to neglect and disrepair, undermining the gain from our massive investment in new construction. These programs provided a valuable asset for local governments, and the state should once again fund them.”
- Code Enforcement Incentive Grant Programs and their funding history. Prop 46—the Housing and Emergency Shelter Trust Fund Act of 2002—provided general obligation bonds approved by the voters to fund 21 housing programs, including $5 million for two code enforcement grant programs. Subsequently in 2006, when the voters approved Prop 1C, which provided a second round of funding to several of these same housing programs, the code enforcement programs were not included and have not been funded since. The two code enforcement grant programs are intended to fund capital expenditures through a competitive process requiring matching funds from local governments and pilot the development of community partnerships with local code enforcement departments.
- Is under-resourced code enforcement a state responsibility? State law gives local governments the authority to enforce building codes, nuisances, health codes, fire codes, and other related requirements, including the ability to recover the costs of enforcement. To the extent code enforcement activities clean up distressed properties, cities and counties may also benefit from increased property values and decreased service costs. A recent survey of code enforcement officers from 75 jurisdictions in California cited a need for updated capital investments, abatement program funding, equity training, and building community-partnership capacity. Additional incentives from the state may be needed to increase local code enforcement activities.
- Housing is preventative health care and saves money. The costs of substandard housing can be debilitating and have long-term consequences for those affected, especially children.[1] Housing-based triggers linked to asthma are responsible for $5 billion in preventable medical expenses each year. Asthma, lead poisoning, infection, rash, and toxic stress can result from substandard housing conditions and can lead to long term brain damage, immune and respiratory system impairments, cardiovascular problems, and behavioral health disorders. Cost studies across California consistently demonstrate that providing adequate housing saves money by reducing associated public costs.
- California has a housing shortage. The need for and costs of housing have consistently outpaced the development of affordable housing for over 30 years. The lack of supply is the primary factor underlying California’s housing crunch. The state HCD estimates that California needs to build 180,000 new homes a year to keep up with population growth. HCD noted in its statewide housing plan that California must plan for more than 2.5 million homes over the next eight-year cycle, and no less than one million of those homes must meet the needs of lower-income households. Limited data is available regarding the percentage of the existing housing stock that is at risk of being lost due to neglect or disrepair. However, about four percent of surveyed California households reported moderate to severe housing inadequacy.[2]
- Substandard housing inequity linked to health disparities. Substandard housing conditions are linked to serious health consequences and are more likely to be experienced by people of color.[3] Racial disparities in several health outcomes are strongly associated with housing quality and homeownership.[4] Households with poor housing quality are 50% more likely of an asthma-related emergency department (ED) visit. Those who own homes are 40% less likely to visit an ED, even after adjusting for housing quality and the presence of housing-related exposures known to be associated with asthma. Renters are more than twice as likely to report moderately or severely inadequate housing conditions2 and more than 50% more likely to be cost burdened or severely-cost burdened by housing.[5] To address concerns about code enforcement inequity and displacement risk, the author will accept amendments to add consideration for low-income renters and displacement prevention to the weighting criteria considered by HCD when awarding code enforcement incentive grants.
- Matching funds and maximum grants. This bill would modify the existing programs in the following ways: increases the maximum grant to a single recipient of the Code Enforcement Incentive Grant and the Community Code Enforcement Pilot Programs to $2 million, to be adjusted for inflation at least once every five years; and decreases the local government match to 35% of the funds awarded over three years by the Code Enforcement Incentive Grant Program. These changes would allow local governments to secure more money from the state but significantly lowers the amount required by local governments to match.
- Aligning timelines. The author will accept amendments to align the required reporting period to the legislature with the HCD annual report to the legislature.
- Allocation required. This bill would require a budget allocation to fund the existing programs. The author will submit a budget request but has not determined an amount.
Related Legislation:
AB 1008 (Lowenthal, Chapter 723, Statutes of 2002) — authorized the use of code enforcement grant funds to be used for capital expenditures and made other changes to program guidelines.
AB 1382 (Lowenthal, Chapter 664, Statutes of 2000) — established the Code Enforcement Incentive Program and the Community Code Enforcement Pilot Program consistent with the AB 2867 (Lowenthal, Chapter 82, 2000).
AB 2867 (Lowenthal, 82, Statutes of 2000) – allocated $5 million to local governments for purposes of increasing local code enforcement staff as a trailer bill to the to the FY 2000-01 state budget.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 12, 2023.)
SUPPORT:
California Association of Code Enforcement Officers (Co-Sponsor)
Regional Asthma Management & Prevention (Co-Sponsor)
California Building Officials
California Rural Legal Assistance Foundation
Coalition for Economic Survival (CES)
Community Action to Fight Asthma
Healing and Justice Center
Human Impact Partners
Law Foundation of Silicon Valley
Munireg LLC
Western Center on Law and Poverty
OPPOSITION:
None received.
-- END --
Housing Habitability and Health: Oakland’s Hidden Crisis. 2018. ↑
US Census Bureau. 2021 American Housing Survey Table Creator. https://www.census.gov/programs-surveys/ahs.html ↑
Jacobs. Environmental Health Disparities in Housing. Am J Public Health. 2011. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3222490/ ↑
Hughes et al. Pediatric Asthma Health Disparities: Race, Hardship, Housing, and Asthma in a National Survey. Acad Pediatr. 2017. doi: 10.1016/j.acap.2016.11.011. ↑
Kimberlin. California’s Housing Affordability Crisis Hits Renters and Households With the Lowest Incomes the Hardest. California Budget and Policy Center. 2019. https://calbudgetcenter.org/app/uploads/2019/04/Report_California-Housing-Affordability-Crisis-Hits-Renters-and-Households-With-the-Lowest-Incomes-the-Hardest_04.2019.pdf ↑
Bill Author
Bill Co-Author(s):