Health and Safety Code — Part 80 | HSC — United States — California law | Esheria

Health and Safety Code

Part 80 of 87 · provisions 15,801–16,000

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 52097.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 7. Multifamily Rental Housing [52075 - 52098] ( Chapter 7 added by Stats. 2002, Ch. 12, Sec. 1. ) ## ARTICLE 4. Application to Chartered Cities [52097 - 52098] ( Article 4 added by Stats. 2002, Ch. 12, Sec. 1. )

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    This section says the chapter should not be read to limit chartered cities’ authority to issue bonds for multifamily rental housing, except where this article says otherwise.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 7. Multifamily Rental Housing [52075 - 52098] ( Chapter 7 added by Stats. 2002, Ch. 12, Sec. 1. ) ## ARTICLE 4. Application to Chartered Cities [52097 - 52098] ( Article 4 added by Stats. 2002, Ch. 12, Sec. 1. ) ## 52097. Except as otherwise provided in this article, this chapter shall not be construed to limit or otherwise restrict the authority of chartered cities to issue bonds for the purpose of financing the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing or for the provision of capital improvements in connection with and determined necessary to that multifamily rental housing. For purposes of this article, certificates of participation in any form of obligation of a city, county, or city and county shall be considered to be bonds. (Added by Stats. 2002, Ch. 12, Sec. 1. Effective March 11, 2002.)
  2. 52097.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 7. Multifamily Rental Housing [52075 - 52098] ( Chapter 7 added by Stats. 2002, Ch. 12, Sec. 1. ) ## ARTICLE 4. Application to Chartered Cities [52097 - 52098] ( Article 4 added by Stats. 2002, Ch. 12, Sec. 1. )

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    Bond-financed multifamily rental housing must satisfy one of two occupancy-income tests, and related tenant rent payments are capped.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 7. Multifamily Rental Housing [52075 - 52098] ( Chapter 7 added by Stats. 2002, Ch. 12, Sec. 1. ) ## ARTICLE 4. Application to Chartered Cities [52097 - 52098] ( Article 4 added by Stats. 2002, Ch. 12, Sec. 1. ) ## 52097.5. (a) Multifamily rental housing development financed, or for which financing has been extended or committed, pursuant to this chapter from the proceeds of sale of each bond issue shall at all times during the qualified project period meet the requirement of paragraph (1) or (2), whichever is elected by the issuer at the time of issuance of the issue for each development: (1) Twenty percent or more of the residential units in the development shall be occupied by individuals whose income is 50 percent or less of area median income. (2) Forty percent or more of the residential units in the development shall be occupied by individuals whose income is 60 percent or less of area median income. As used in this subdivision, “qualified project period,” “income,” and “area median income” shall have the meanings specified in, and shall be determined in accordance with the provisions of, subsection (d) of Section 142 of the Internal Revenue Code of 1986, as amended, and United States Treasury regulations and rulings promulgated pursuant thereto. (b) With respect to a development for which the issuer has elected to meet the requirement of paragraph (1) of subdivision (a), the rental payments paid by the occupants of the units meeting the requirement of paragraph (1) of subdivision (a) (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those occupants or on behalf of those units) shall not exceed 30 percent of 50 percent of area median income. (c) With respect to a development for which the issuer has elected to meet the requirement of paragraph (2) of subdivision (a), the rental payments paid by the occupants of the units meeting the requirement of paragraph (2) of subdivision (a) (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those occupants or on behalf of those units) shall not exceed 30 percent of 60 percent of area median income. (Added by Stats. 2002, Ch. 12, Sec. 1. Effective March 11, 2002.)
  3. 52098.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 7. Multifamily Rental Housing [52075 - 52098] ( Chapter 7 added by Stats. 2002, Ch. 12, Sec. 1. ) ## ARTICLE 4. Application to Chartered Cities [52097 - 52098] ( Article 4 added by Stats. 2002, Ch. 12, Sec. 1. )

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    Certain local governments that issued qualifying bonds must file an annual report by March 1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 7. Multifamily Rental Housing [52075 - 52098] ( Chapter 7 added by Stats. 2002, Ch. 12, Sec. 1. ) ## ARTICLE 4. Application to Chartered Cities [52097 - 52098] ( Article 4 added by Stats. 2002, Ch. 12, Sec. 1. ) ## 52098. Each city, county, and city and county that has issued bonds pursuant to this chapter or a charter provision or ordinance for the purposes specified in Section 52097 shall file a report annually, on or before March 1, with the Governor, the Legislature, and the department, which report shall include all of the following information: (a) The total amount of bonds issued by the city, county, or city and county pursuant to this chapter or another authority. (b) The total number of units in multifamily rental housing developments financed pursuant to this chapter or another authority. (c) The total number of units in multifamily rental housing developments reserved for occupancy on a priority basis for lower income households. (d) The total number of units, if any, in a multifamily rental housing development reserved for occupancy on a priority basis for very low income households. (Added by Stats. 2002, Ch. 12, Sec. 1. Effective March 11, 2002.)
  4. 52100.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. )

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    The Legislature says it would be beneficial to empower counties and cities to issue tax-exempt revenue bonds for lending proceeds to qualifying nonprofit organizations for certain housing purposes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. ) ## 52100. The Legislature hereby finds and declares that it would be beneficial to empower counties and cities to issue tax-exempt revenue bonds for the purpose of lending the proceeds to nonprofit organizations exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)), for the housing purposes specified in Section 52101. (Added by Stats. 1988, Ch. 1610, Sec. 4.)
  5. 52101.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. )

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    A city or county may issue bonds to fund loans for certain tax-exempt nonprofit housing projects, and the bonds must be issued to meet federal tax requirements.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. ) ## 52101. A city or county may issue bonds to provide funds to be loaned by the city or county to nonprofit organizations exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)), for use by the organization to finance the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing, including mobilehome parks that are or will be nonprofit or cooperatively-owned, or both, in which residents rent spaces and either rent or own the mobilehomes occupying these spaces, to provide housing within the territorial jurisdiction of the city or county in accordance with the organization’s tax-exempt purposes under that federal law. The bonds shall be issued so as to satisfy the requirements of Section 145 of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 145). (Amended by Stats. 1996, Ch. 27, Sec. 9. Effective April 8, 1996.)
  6. 52102.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. )

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    Financed housing must keep a set share of units for lower-income and very low-income households, with rent caps and a recorded regulatory agreement.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. ) ## 52102. (a) Occupancy and rent restrictions with respect to housing acquired pursuant to this chapter shall either meet the requirements of subparagraphs (A) and (B) of paragraph (1) or the requirements of paragraph (2), as follows: (1) (A) Not less than 20 percent of the total number of units in a multifamily rental housing development financed, or for which financing has been extended or committed, pursuant to this chapter from the proceeds of the sale of bonds of each bond issuance of the city or county shall be for occupancy on a priority basis by lower income households, as defined by Section 50079.5. If a multifamily rental housing development is located within a targeted area project, as defined by Section 103(b)(12)(A) of Title 26 of the United States Code, not less than 15 percent of the total number of units financed, or for which financing has been extended or committed pursuant to this chapter, shall be for occupancy on a priority basis by lower income households. Not less than one-half of the units required for occupancy on a priority basis by lower income households shall be for occupancy on a priority basis for very low income households, as defined by Section 50105. (B) (i) With respect to multifamily rental developments that are not mobilehome parks, the rental payments on the units required for occupancy by very low income households paid by the persons occupying the units (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those persons or on behalf of those units) shall not exceed 30 percent of an amount equal to 50 percent of area median income. If the nonprofit organization elects to establish a base rent for all or part of the units for lower income households and very low income households, the base rents shall be adjusted for household size. In adjusting rents for household size for this purpose, it shall be assumed that one person will occupy a studio unit, two persons will occupy a one-bedroom unit, three persons will occupy a two-bedroom unit, four persons will occupy a three-bedroom unit, and five persons will occupy a four-bedroom unit. (ii) With respect to mobilehome parks: (I) Where a resident rents both the mobilehome and the space occupied by the mobilehome, for spaces and mobilehomes required for occupancy by very low income households, the total rental payments paid by the household on the mobilehome and the space occupied by the mobilehome (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to that household or on behalf of that space and mobilehome) shall not exceed 30 percent of an amount equal to 50 percent of the area median income, adjusted for household size as appropriate for the unit that occupies the space. (II) Where a resident is the registered and legal owner of the mobilehome, is not making mortgage payments for the purchase of that mobilehome, and rents the space that the mobilehome occupies, for spaces and mobilehomes required for occupancy by very low income households, the total rental charge for occupancy of that space, excluding a reasonable allowance for other related housing costs determined at the time of acquisition of the mobilehome park by the nonprofit corporation, excluding any supplemental rental assistance from the state, the federal government, or any other public agency to that household on behalf of that space and mobilehome, shall not exceed 30 percent of 50 percent of the area median income, adjusted for household size as appropriate for the unit that occupies the space. (III) Where a resident is the registered owner of the mobilehome, is making mortgage payments for the purchase of that mobilehome, and rents the space occupied by the mobilehome, for spaces and mobilehomes required for occupancy by very low income households, the rental charge for occupancy of a space by a mobilehome, exclusive of any charges for utilities and storage (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to that household or on behalf of that space and mobilehome), shall not exceed 15 percent of 50 percent of the area median income, adjusted for household size as appropriate for the unit that occupies the space. (IV) In adjusting rents for household size, either the occupancy standards established in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) or the alternative standards that assume that one person will occupy a recreational vehicle, two persons will occupy a single-wide mobilehome, and three persons will occupy a multisectional mobilehome may be utilized. (2) The multifamily rental housing development is a “qualified low-income housing project,” within the meaning of Section 42(g) of the Internal Revenue Code (26 U.S.C. Sec. 42), because it meets the criteria set forth in Section 42(g)(1)(B) and (2) of the Internal Revenue Code. (b) If at the time of acquisition any of the units or mobilehome spaces are occupied by ineligible households, that fact alone shall neither constitute a cause for the tenant’s eviction nor render the project ineligible. Upon vacation of any unit initially occupied by an ineligible household, that unit shall be rented to an eligible household until the required residency by eligible households is attained. (c) As a condition of financing pursuant to this chapter, the nonprofit organization shall enter into a regulatory agreement with the city or county, which shall require that units reserved for occupancy by lower income households shall remain available on a priority basis for occupancy for the term of the bonds issued to provide the financing or 30 years, whichever is greater. The regulatory agreement shall contain a provision making the covenants and conditions of the agreement binding upon successors in interest of the nonprofit organization. The regulatory agreement shall be recorded in the office of the county recorder of the county in which the multifamily rental housing development is located. The regulatory agreement shall be recorded in the grantor-grantee index to the name of the property owner as grantor and to the name of the city or county as grantee. (Amended by Stats. 1994, Ch. 379, Sec. 6. Effective January 1, 1995.)
  7. 52103.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. )

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    A city or county may finance the purchase of commercial property for lease when it is tied to multifamily rental housing, if the listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. ) ## 52103. A city or county may, in conjunction with the financing of multifamily rental housing pursuant to this chapter, finance the acquisition of commercial property for lease, subject to all of the following conditions: (a) No more than 10 percent of the proceeds of any revenue bonds issued pursuant to this chapter may be used to acquire the commercial property for lease. (b) The commercial property acquired will be located on the same parcel or on a parcel adjacent to a multifamily rental housing development. (c) As a condition of the financing, any lease payments collected in excess of payments necessary for debt service, operating expenses, and any required reserves related to such property, shall be used to reduce rents on units reserved for occupancy by lower income households and very low income households in a multifamily rental housing development. (Added by Stats. 1988, Ch. 1610, Sec. 4.)
  8. 52104.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. )

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    If a complaint is received about a Section 52102 restriction violation, the city or county must investigate and report back; if a violation exists, it must take appropriate action to eliminate it. A person harmed by such a violation may seek a judicial remedy without first complaining to the city or county.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. ) ## 52104. Whenever a complaint is received concerning a violation of the restrictions imposed pursuant to Section 52102, the city or county shall investigate promptly and make a report to the complaining party on whether the violation existed and whether it persists, and if it persists, what action the city or county will take to remedy the violation. When the city or county determines that a violation exists, whether determined upon an investigation of a complaint or on its own motion, the city or county shall take all appropriate action, including necessary legal action, to promptly eliminate the violation. Notwithstanding other provisions of this section, any person aggrieved by a violation of the restrictions imposed pursuant to Section 52102 may seek a judicial remedy without regard to whether a complaint has been made to the city or county or whether the city or county is then taking any action to remedy the violation. (Added by Stats. 1988, Ch. 1610, Sec. 4.)
  9. 52105.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. )

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    A city or county may issue bonds to cover certain costs related to issuing and selling bonds under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. ) ## 52105. For the purposes of this chapter, a city or county shall have the power to issue its bonds to defray, in whole or in part, the costs of studies and surveys, insurance premiums, underwriting fees, and legal, accounting, and marketing services incurred in connection with the issuance and sale of bonds pursuant to this chapter, including bond and mortgage reserve accounts; trustee, custodian, and rating agency fees, and any other costs which are reasonably related to the foregoing. (Added by Stats. 1988, Ch. 1610, Sec. 4.)
  10. 52106.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. )

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    Bonds issued under this chapter are repaid only from loan principal and interest payments, and the issuing city or county may pledge those payments as security.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 5. LOCAL HOUSING FINANCE AGENCIES [52000 - 52106] ( Part 5 added by Stats. 1979, Ch. 1069. ) ## CHAPTER 8. Loans to Tax-Exempt Organizations [52100 - 52106] ( Chapter 8 added by Stats. 1988, Ch. 1610, Sec. 4. ) ## 52106. (a) Bonds issued pursuant to this chapter shall be repayable solely from payments of principal and interest on account of the loans funded thereby. The issuing city or county may pledge all or any portion of these payments to secure the bonds. (b) Neither the members of the governing body of the issuing city or county nor any person executing the bonds shall be personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof. (c) The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of this state and for their health and welfare. Any bonds issued under this chapter, their transfer, and income therefrom shall at all times be free from taxation of every kind by the state and by the municipalities and political subdivisions of the state, except estate taxes. (d) This chapter provides an alternative method for issuing bonds and lending moneys for acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing by private nonprofit organizations exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)). (Amended by Stats. 1996, Ch. 27, Sec. 10. Effective April 8, 1996.)
  11. 52500.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. )

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    This section says the part may be called the Cal-First Home Buyers Act.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52500. This part shall be known and may be cited as the Cal-First Home Buyers Act. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  12. 52501.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. )

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    The California Housing Finance Agency must administer this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52501. This part shall be administered by the California Housing Finance Agency and all of the provisions of Part 3 (commencing with Section 50900) which are not inconsistent with the provisions of this part shall apply to the agency and its administration of this part. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  13. 52502.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. )

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    The First-Time Home Buyers Policy Committee is created within the agency and must exercise the agency powers and responsibilities set out in this division.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52502. The First-Time Home Buyers Policy Committee is hereby created within the agency for the purpose of exercising those powers and responsibilities of the agency as specifically set forth in this division and, in the exercise of those powers and responsibilities, the acts of the policy committee shall be the acts of the agency. The members of the policy committee shall be subject to the provisions of Part 3 (commencing with Section 50900) in the same manner as members of the board of directors of the agency. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  14. 52503.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. )

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    This section sets the membership makeup of the policy committee and names who serves as voting and nonvoting members.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52503. The policy committee is comprised of five voting members, including a chairperson. The members shall be: (a) The State Treasurer, or his or her designee, who shall be the chairperson of the policy committee. (b) The chairperson of the board appointed pursuant to Section 50901. (c) The board member appointed by the Governor pursuant to subdivision (b) of Section 50902. (d) Both of the board members appointed pursuant to subdivisions (h) and (i) of Section 50902. If the chairperson of the board and the person appointed to serve under subdivision (c) is the same individual, then the fifth voting member of the policy committee shall be the board member appointed by the Governor to the board pursuant to subdivision (d) of Section 50902. If there is no person on the board appointed to serve under subdivision (c), the Governor shall appoint a person to the policy committee who would have qualified in that capacity and such appointee shall serve for a six-year term and shall be subject to confirmation by the Senate. The Director of Finance and the executive director of the agency shall serve as nonvoting, ex officio members of the policy committee. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  15. 52504.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The First-Time Home Buyers Fund is created in the State Treasury, and the agency may use it for this part’s purposes, pledge fund money as bond security, divide the fund into separate accounts, and must deposit all money it receives under this part into the fund.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52504. The First-Time Home Buyers Fund is hereby created in the State Treasury. All money in the fund is hereby continuously appropriated to the agency for carrying out the purposes of this part, and the application of the fund shall be subject to the provisions of Section 51000, or other applicable provisions of law. The agency may pledge any or all of the moneys in the fund as security for payment of the principal of, and interest on, and redemption premiums on, bonds issued pursuant to this part, and for such purpose or as necessary or convenient to the accomplishment of any other purpose of the agency pursuant to this part, may divide the fund into separate accounts. All moneys accruing to the agency pursuant to this part from whatever source shall be deposited in the fund. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  16. 52505.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The agency’s role includes making financing opportunities available to first-time home buyers in this state, as provided in this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52505. In addition to the purposes of the agency provided in Sections 50154 and 50950, a purpose and role of the agency is to make financing opportunities available to first-time home buyers in this state, in the manner provided in this part. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  17. 52506.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The agency may adopt, amend, and repeal rules and regulations, through its policy committee, as long as they are consistent with this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 1. General Provisions [52500 - 52506] ( Chapter 1 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52506. The agency shall have the power to adopt, and from time to time to amend and repeal, by action of the policy committee, rules and regulations, not inconsistent with the provisions of this part, to carry into effect the powers and purposes of the agency pursuant to this part and the conduct of its business. Rules and regulations of the agency shall be adopted, amended, repealed, and published in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  18. 52510.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The agency may contract with qualified mortgage lenders to pay money that lowers a purchaser’s effective interest cost on certain owner-occupied housing loans, subject to Section 52513.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52510. The agency may contract with qualified mortgage lenders with respect to mortgage loans qualified under this part to pay to such lenders, subject to the provisions of Section 52513, a sum of money as consideration for a reduction of the effective interest cost to the purchaser of an owner-occupied housing unit below market interest rates. The buy-down mortgage program conducted under this part may be applicable to and include mortgage revenue bond financed programs. With respect to mortgage revenue bond financed programs, “market interest rate” means the effective mortgage interest rate to the borrower without the buy-down authorized by this part. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  19. 52511.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The agency may make commitments to qualified mortgage lenders for buy-down mortgage plans and may charge a commitment fee, but total fees and related cost recovery cannot exceed the agency’s reasonably expected prudent implementation costs.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52511. The agency may make commitments to qualified mortgage lenders to make contracts for buy-down mortgage plans which conform to this part. The agency may require the payment to the agency of a commitment fee to cover agency costs in extending such commitments and associated administrative costs, except that the total of commitment fees pursuant to this section and the projected recovery of administrative costs pursuant to Sections 52512 and 52514 shall not exceed the costs reasonably expected, in a prudent manner, to be incurred by the agency in the implementation of this part. Commitments shall be made by the agency, acting through the policy committee, in a manner to best serve the purposes of this part and the interests of the first-time home buyer in the various geographical areas of this state, in varying forms of ownership where feasible, and including purchase of previously occupied housing, existing but not previously occupied housing, and housing to be constructed (with preference to housing which can be marketable within three months of the date of the commitment). (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  20. 52512.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    Qualified mortgage lenders must follow agency-set loan form rules, keep loan terms between 6 and 30 years, cap lender yield at market interest, limit the loan to 90% of appraised value, and notify the agency of any default. They may charge only approved fees and points.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52512. The mortgage loan by a qualified mortgage lender for which a buy-down contract may be executed by the agency shall be in such form as determined by the regulations of the agency adopted by the policy committee. Such a loan shall be for a term of not less than six years or more than 30 years, but the repayments of principal and interest on such loan may be scheduled to provide for amortization in 30 years subject to a balloon payment at the end of the loan term. Such loan shall bear a fixed interest rate yield to the qualified mortgage lender which shall not exceed market interest as determined under Section 50080, except that the interest charged to the borrower may be on a graduated payment schedule as authorized in Section 52513. A qualified mortgage lender may charge to the borrower such initiation fees, points, or other charges approved by the agency, by regulation adopted by the policy committee, or otherwise, which may include administrative costs for the agency. Any such loan by a qualified mortgage lender shall not exceed 90 percent of the appraised value of the property under standards applicable to that lender. A qualified mortgage lender shall agree to notify the agency of any default on the loan. The agency assumes no responsibility to the qualified mortgage lender, except for the contracted payment for the buy-down. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  21. 52513.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    Rules for the buy-down mortgage plan must be set by agency regulations, with lender payments capped and borrower interest rates limited.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52513. The terms of the contract with a qualified mortgage lender for the buy-down mortgage plan shall be established by regulations of the agency adopted by the policy committee. Payments to a qualified mortgage lender under such contract shall not exceed the capitalized cost to the lender of the difference between market interest and the effective interest rate to the borrower under the buy-down program, plus any reasonable and demonstrated administrative costs, and provision shall be made for return by that lender to the agency, for credit against the borrower’s note obtained by the agency pursuant to Section 52514, of any sums used to purchase a buy-down of the effective interest to the borrower on the mortgage loan and which have been unearned by the lender by virtue of prepayment of the mortgage loan for any reason, prior to the termination of the buy-down period. The buy-down program shall not result in an effective interest rate to the borrower which is more than 5 percent below market interest and such effective rate to the borrower, or monthly payment by the borrower, shall be adjusted annually in equal increments until, at the end of the sixth year, it is equal to market interest as determined at the initiation of the loan, and may, as determined by regulations of the agency adopted by the policy committee, exceed market interest in ensuing years in such amount as is necessary to amortize the security interest of the agency as provided in Section 52514, if the agency determines pursuant to Section 52514 that the term of the note and security interest securing the agency’s participation is extended beyond the sixth year. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  22. 52513.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    This section requires a lender to arrange refinancing at maturity for certain home loans, and limits the refinancing terms and fees.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52513.5. (a) If: (1) a loan executed pursuant to Section 52512 is for a term of less than 30 years or provides for a balloon payment; (2) the loan has not been prepaid in full or the property has not been sold or transferred prior to the maturity of the loan; and (3) the borrower is not in default; the lender shall offer or arrange for refinancing of the unpaid balance of the loan upon maturity and the balance of any note due the agency pursuant to Section 52514. The refinancing may be provided directly by the lender or another mortgage lender, or the lender may arrange at the time of making the loan pursuant to Section 52512 for the refinancing to be provided by a federally or state-chartered bank or savings and loan association doing business in this state or by a qualified mortgage banker. As used in this section “qualified mortgage banker” means a lender (1) meeting the criteria established by the Government National Mortgage Association for lenders selling over ten million dollars ($10,000,000) in mortgage loans to that organization annually, and (2) which either has conducted an ongoing business of mortgage lending in this state for not less than five years immediately preceding the making of the loan pursuant to Section 52512, or made over fifty million dollars ($50,000,000) in mortgage loans in this state during the 12 months immediately preceding the making of the loan pursuant to Section 52512. If a refinancing commitment is arranged by the lender upon the origination of the loan pursuant to Section 52512, this fact shall be fully and fairly disclosed to the borrower, a copy of the lender’s contract with the bank, savings and loan association, or qualified mortgage banker making the commitment shall be supplied to the borrower at that time, and the contract shall be fully enforceable by the borrower as a third-party beneficiary thereto, but the lender shall not be a guarantor of the obligation of the bank, savings and loan association, or qualified mortgage banker to provide refinancing. If the original lender is a federally or state-chartered bank or savings and loan association doing business in this state or a qualified mortgage banker, it may provide the refinancing commitment to the borrower required by this section. In this event, any loan executed pursuant to Section 53512 shall contain a provision, which is fully and fairly disclosed to the borrower, which provides that any assignees or successors in interest of the original lender shall not be guarantors of the refinancing obligation, in which event the original lender’s refinancing commitment shall be fully enforceable by the borrower. (b) The term of the loan for refinancing shall be established so that the borrower’s repayment schedule provides for the final installment payment not less than 30 years from the date of origination of the loan pursuant to Section 52512. However, if loans at that duration are generally not available, within the meaning of subdivision (d), the lender or other obligor shall give the borrower a choice of any form of loan and maturity for that type of loan which is available at the time of refinancing, within the meaning of subdivision (d). The lender or other obligor shall inform the borrower of the types of loans and maturities available for refinancing under this section not less than 60 days prior to maturity of the loan executed pursuant to Section 52512. (c) The interest rate for the refinancing loan shall not exceed rates generally available in the market for the type of loan instrument provided under subdivision (d) at the time of maturity of the loan pursuant to Section 52512. No loan origination fees shall be required of the borrower, either as prepaid interest or for processing services, as a condition of obtaining a refinancing loan pursuant to this section, but the borrower may be required to pay the costs of obtaining a policy of title insurance in accordance with the lender’s requirements. The refinancing loan need not be a fixed interest rate loan, unless that is the type of loan generally offered to, and utilized by, the public pursuant to subdivision (d). (d) The refinancing loan may be any form of loan which, at the time of refinancing, is generally offered to, and utilized by the public, for financing housing similar to the borrower’s by banks or savings and loan associations doing business in this state. (e) The lender may require as a condition of the refinancing loan that it be secured by a deed of trust having a lien of first priority, and may require the borrower to submit a loan application, at least 60 days prior to the maturity of the loan made pursuant to Section 52512, including such information about the borrower and the security property as is ordinarily required of borrowers with respect to similar loans made by the lender and may impose qualifications on the borrower or property which are conventionally applied on similar loans on similar properties at that point in time. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  23. 52514.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The agency must obtain a borrower note and deed of trust under agency regulations, and it may contract, pay for services, hold or sell the loans, pool them, and sell securities backed by the pools.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52514. In consideration for the agency’s contract, and performance of contract, to purchase a buy-down of the effective interest to the borrower on the mortgage loan, the agency shall obtain a note and deed of trust from the borrower under terms prescribed by regulations of the agency adopted by the policy committee. Such note and deed of trust shall be subordinate to the mortgage loan by a qualified mortgage lender executed pursuant to this part. The subordinate mortgage or deed of trust obtained by the agency under this section may, at the option of the agency exercised upon the initiation of such note and mortgage, provide that all amounts due and payable shall be paid at the end of the sixth year or shall be repaid on an amortized basis commencing with the seventh year and extending through the 30th year, or some term selected by the agency and provided in the initiating loan documents between the end of the sixth year and the end of the 30th year. The amount of the subordinate note and mortgage shall be equal to the contract amount advanced by the agency to the qualified mortgage lender to effect the buy-down, plus interest on those amounts at a rate calculated to cover the cost of funds to the agency for this program and administrative costs, less any amounts returned to the agency by the lender for the credit of the borrower pursuant to Section 52513, and shall be specified in the note and mortgage upon the initiation of that note and mortgage. The agency may make and execute contracts with the qualified mortgage lender for the initiation or servicing of the subordinate mortgage loan. The agency may pay the reasonable value of services rendered to the agency pursuant to such contracts. The notes and mortgages may be held or sold by the agency, or the agency may create pools of such loans, obligations, and participations held by the agency and may sell securities backed by such pools. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  24. 52514.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    Payments made by the borrower to the agency on a note under Section 52514 are treated as interest for Section 17230 tax purposes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52514.5. All payments to the agency by the borrower on any note executed pursuant to Section 52514 shall be considered payments of interest for the purposes of Section 17230 of the Revenue and Taxation Code. (Amended by Stats. 1999, Ch. 987, Sec. 1. Effective October 10, 1999.)
  25. 52515.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    A borrower’s property under this mortgage-loan part must be an owner-occupied housing unit, and its price is capped at 90% of the average purchase price, or 110% in a targeted area.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52515. The real property to be purchased by the borrower on a mortgage loan pursuant to this part shall be an owner-occupied housing unit, the acquisition price of which does not exceed 90 percent of the average purchase price in the statistical area, except that such acquisition cost shall not exceed 110 percent of the average purchase price in a targeted area. The average purchase price means the purchase price determined by the agency, through action of the policy committee, for similar owner-occupied units. Such determinations shall be made not less often than annually for each statistical area and targeted area. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  26. 52516.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    This section requires the agency to set eligibility standards for housing purchasers and requires lenders to certify purchaser qualification. Buyers must be first-time home buyers and California residents, and these mortgages generally cannot be used to replace an existing mortgage except in limited financing situations.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52516. The agency shall establish by regulation, adopted by the policy committee, standards for the eligibility of purchasers of housing subject to this part. Such individuals shall be first-time home buyers. Mortgages pursuant to this part cannot be used to acquire or replace an existing mortgage, except a mortgage which is security for a construction loan or a bridge loan or similar temporary initial financing. The purchaser shall be a resident of California. The qualified mortgage lender shall certify to the agency, in good faith, after prudent qualification of the purchaser that the purchaser is qualified under the provisions of this part. Section 51067 is not applicable to mortgage loans under this part. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  27. 52517.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    Only mortgage loans meeting specified insurance or guarantee conditions are eligible for buy-down, with a discretionary exception for loans below 80% of appraised value.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52517. Notwithstanding any other provisions of this part, only mortgage loans are eligible for buy-down under the provisions of this part which are presently, or are expected to be, insured in whole or part by the Federal Housing Administration or guaranteed in whole or part by the United States Veterans Administration, the Farmers Home Administration of the United States Department of Agriculture, an agency of the state, by a private insuring entity authorized to engage in such business, or by any combination of the above, in percentages determined by the agency by regulation adopted by the policy committee, except that such insurance or guarantee need not be required, in the discretion of the policy committee, if the amount of the mortgage loan is less than 80 percent of the appraised value of the property (under standards applicable to that lender) which is the security for the loan. (Amended by Stats. 1983, Ch. 260, Sec. 1. Effective July 15, 1983.)
  28. 52518.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The agency must not allow an ineligible buyer or transferee to assume the loan, and if the buyer does not meet eligibility rules, the agency must require the loan balance to become immediately due and payable.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52518. Notwithstanding the provisions of Section 711 of the Civil Code, the agency shall not permit the assumption of the obligation under any note or mortgage securing the interest of the agency pursuant to Section 52514, by a subsequent ineligible purchaser or transferee of the prior borrower. If the subsequent purchaser or transferee does not meet the eligibility requirements of this part, the agency shall require acceleration of repayment of the principal balance of the loan to be all due and payable upon the sale or transfer of the property. For purposes of determining eligibility, the limits on acquisition price, as specified in Section 52515, shall be determined at the time of the proposed assumption. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  29. 52519.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The agency may manage defaulted mortgages and related property, and it must require servicing and foreclosure practices to follow agency regulations for mortgage loans under this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 2. Buy-Down Mortgage Plan [52510 - 52519] ( Chapter 2 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52519. The agency may renegotiate, refinance, foreclose, or contract for the foreclosure of any mortgage executed pursuant to Section 52514 which is in default, and may waive any default or consent to the modification of the terms of any mortgage. With respect to mortgage loans made pursuant to this part, the agency shall require that mortgage servicing and foreclosure practices, including forebearance and recasting of mortgages in default, conform to agency regulations. The agency may commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract, or other agreement, and may bid for and purchase property sold in satisfaction thereof at any foreclosure or other sale or may otherwise acquire and take possession of such property. In connection with any such proceeding, the agency may assume any underlying mortgage held by a qualified mortgage lender or may, as necessary to acquire and take possession of such property, pay any note in order to remove any prior encumbrance. Subject to any agreement with bondholders, the agency may operate, manage, lease, dispose of, and otherwise deal with such property in such manner as may be necessary to protect the interest of the agency and the holders of its bonds. (Added by Stats. 1982, Ch. 320, Sec. 12. Effective June 29, 1982.)
  30. 52525.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    This chapter is named the First-Time Home Buyers Bond Act of 1982 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52525. This chapter shall be known and may be cited as the First-Time Home Buyers Bond Act of 1982. (Added by Stats. 1982, Ch. 320, Sec. 12. Approved in Proposition 5 at the November 2, 1982, election.)
  31. 52526.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    This section adopts the State General Obligation Bond Law for the bonds authorized by this chapter.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52526. The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and the provisions of that law are included in this chapter as though set out in full in this chapter. (Added by Stats. 1982, Ch. 320, Sec. 12. Approved in Proposition 5 at the November 2, 1982, election.)
  32. 52527.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    This section creates the First-Time Home Buyers Finance Committee and identifies who serves on it and who chairs it.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52527. The First-Time Home Buyers Finance Committee is hereby created. The committee shall consist of the Governor, the Controller, the Treasurer, the Director of Finance, and the Chairperson of the Board of Directors of the California Housing Finance Agency. The Treasurer shall serve as chairperson of the committee. Such committee shall be the “committee,” as that term is used in the State General Obligation Bond Law. The Board of Directors of the California Housing Finance Agency shall be the “board,” as that term is used in the State General Obligation Bond Law. (Amended by Stats. 1983, Ch. 260, Sec. 2. Effective July 15, 1983. Note: This section was added by Stats. 1982, Ch. 320, and approved in Prop. 5 on Nov. 2, 1982.)
  33. 52528.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The committee may create state debt or liabilities up to $15,000,000, following this chapter’s procedures.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52528. The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate of fifteen million dollars ($15,000,000), in the manner provided in this chapter. The debt or debts, liability or liabilities, shall be created for the purpose of providing the funds to be used for the purposes specified in Section 52505 and shall be deposited in the First-Time Home Buyers Fund created pursuant to Section 52504. (Amended by Stats. 1993, Ch. 116, Sec. 1. Effective July 15, 1993. Note: This section was added by Stats. 1982, Ch. 320, and approved in Prop. 5 on Nov. 2, 1982.)
  34. 52529.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The committee must decide, when requested by the board, whether bond issuance is necessary or desirable and how much to issue and sell. It may also authorize the State Treasurer to sell the bonds, in whole or in part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52529. The committee, upon the request of the board stating the purposes for which the bonds are proposed to be used and the amount of the proposed issuance, shall determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold. The committee may authorize the State Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the State Treasurer. (Added by Stats. 1982, Ch. 320, Sec. 12. Approved in Proposition 5 at the November 2, 1982, election.)
  35. 52529.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The policy committee may authorize the state treasurer to sell bonds, even with less frequent interest payments or a discount, if needed for an effective sale or to carry out this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52529.5. Notwithstanding the provisions of Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the policy committee may, whenever it deems it necessary to effectuate the provisions of this part or to conduct an effective sale, authorize the state treasurer to sell any issue of bonds under either, or both, of the following conditions: (a) With interest payments to be made less frequently than semi-annually, and an initial interest payment later than one year after the date of the bonds, if such interest payment date shall not be later than the maturity date of the bonds and is fixed to coincide, as nearly as the committee may deem to be practicable, with the dates and amounts of the estimated revenues estimated to accrue to the fund pursuant to this part. (b) At less than the par value thereof if necessary to an effective sale, but the discount pursuant to this subdivision shall not exceed 6 percent of the par value thereof. (Added by Stats. 1982, Ch. 320, Sec. 12. Approved in Proposition 5 at the November 2, 1982, election.)
  36. 52530.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The bonds authorized here are binding obligations of the State of California, and state officers must collect enough revenue each year to pay principal and interest. Certain bond-related money may be transferred to the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52530. All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereon. There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the state, as shall be required to pay the principal and interest on such bonds as herein provided, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of such revenue to do and perform each and every act which shall be necessary to collect such additional sum. All money deposited in the fund which has been derived from premium and accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest. All money deposited in the fund pursuant to any provision of law requiring repayments to the state which are financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund such money shall be applied as a reimbursement to the General Fund on account of principal and interest on the bonds which has been paid from the General Fund. (Added by Stats. 1982, Ch. 320, Sec. 12. Approved in Proposition 5 at the November 2, 1982, election.)
  37. 52531.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    This section appropriates money from the General Fund in the State Treasury to cover bond principal and interest, and to carry out Section 52532.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52531. There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the following: (a) Such sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to the provisions of this chapter. (b) Such sum as is necessary to carry out the provisions of Section 52532, which sum is appropriated without regard to fiscal years. (Added by Stats. 1982, Ch. 320, Sec. 12. Approved in Proposition 5 at the November 2, 1982, election.)
  38. 52532.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund to carry out this chapter, subject to a cap tied to unsold bonds authorized for sale by the committee.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52532. For the purpose of carrying out the provisions of this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the committee in accordance with this chapter. Any money made available under this section to the First-Time Home Buyers Fund shall be returned by the First-Time Home Buyers Fund to the General Fund from repayments received from the first-time home buyers. Such withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would have otherwise been earned by such sums in the Pooled Money Investment Fund. (Added by Stats. 1982, Ch. 320, Sec. 12. Approved in Proposition 5 at the November 2, 1982, election.)
  39. 52532.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    If the Treasurer sells certain bonds with a qualifying bond counsel opinion, the Treasurer may keep separate accounts for bond proceeds and earnings and may use them for federal tax-related payments or other actions needed to preserve tax-exempt treatment.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52532.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 13.)
  40. 52533.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. )

    Verify source ↗

    Money in the First-Time Home Buyers Fund may be spent only on projects specified in this chapter.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 3. First-Time Home Buyers Bond Act of 1982 [52525 - 52533] ( Chapter 3 added by Stats. 1982, Ch. 320, Sec. 12. ) ## 52533. Money in the First-Time Home Buyers Fund may only be expended for projects specified in this chapter. (Added by Stats. 1982, Ch. 320, Sec. 12. Approved in Proposition 5 at the November 2, 1982, election.)
  41. 52533.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 4. Repeal [52533.5 - 52533.6] ( Chapter 4 added by Stats. 1993, Ch. 116, Sec. 2. )

    Verify source ↗

    The agency may not make mortgages or incur debt under this part after the California electorate approves the California Housing and Jobs Investment Bond Act.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 4. Repeal [52533.5 - 52533.6] ( Chapter 4 added by Stats. 1993, Ch. 116, Sec. 2. ) ## 52533.5. Notwithstanding any other provision of law, the agency shall have no authority to make mortgages or to incur debt pursuant to this part after the date of the approval of the California Housing and Jobs Investment Bond Act (Part 6.1 (commencing with Section 52534)) by the California electorate. (Added by Stats. 1993, Ch. 116, Sec. 2. Effective July 15, 1993. Note: Conditions in Section 52533.6 for repeal of Part 6 failed. Part 6.1 (Calif. Housing and Jobs Investment Bond Act), as proposed by Stats. 1993, Ch. 116, Sec. 3, was rejected as Prop. 173 on Nov. 2, 1993.)
  42. 52533.6.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 4. Repeal [52533.5 - 52533.6] ( Chapter 4 added by Stats. 1993, Ch. 116, Sec. 2. )

    Verify source ↗

    This part stays in effect only until the Director of Finance gives written certification to the Secretary of State that the covered mortgages and debts have been extinguished; then the part is repealed on that certification date, unless a later statute changes that date first.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6. CALIFORNIA FIRST-TIME HOME BUYERS [52500 - 52533.6] ( Part 6 added by Stats. 1982, Ch. 320, Sec. 12. ) ## CHAPTER 4. Repeal [52533.5 - 52533.6] ( Chapter 4 added by Stats. 1993, Ch. 116, Sec. 2. ) ## 52533.6. This part shall remain in effect only until the Director of Finance certifies, in writing, to the Secretary of State that all mortgages made, and all debts incurred, pursuant to this part on or before the date of the approval of the California Housing and Jobs Investment Bond Act (Part 6.1 (commencing with Section 52534)) by the California electorate, have been extinguished, and as of the date of that certification is repealed, unless a later enacted statute, which is enacted before that certification, deletes or extends that date. (Added by Stats. 1993, Ch. 116, Sec. 2. Effective July 15, 1993. Note: Repeal would have affected Part 6, commencing with Section 52500, but conditions for repeal failed. Part 6.1 (Calif. Housing and Jobs Investment Bond Act), as proposed by Stats. 1993, Ch. 116, Sec. 3, was rejected as Prop. 173 on Nov. 2, 1993.)
  43. 52535.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 1. General Provisons [52535- 52535.] ( Chapter 1 added by Stats. 1987, Ch. 1355, Sec. 1. )

    Verify source ↗

    The Legislature states that low-income housing is disappearing and that the state should encourage public, private, and nonprofit participation to preserve and expand it.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 1. General Provisons [52535- 52535.] ( Chapter 1 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## 52535. The Legislature finds and declares as follows: (a) A significant amount of housing built to serve lower income households and very low income households and families is starting to disappear from the housing market. This phenomenon is due to government policies that allow prepayment of mortgages or nonrenewal of subsidy contracts after short periods of time and to changes in market forces which increase property values and create pressure to convert to middle or upper income housing or office or commercial use. In many neighborhoods, these conversions displace low-income and very low income tenants who have very limited options for relocating in comparable housing. (b) Replacing this resource will be so expensive as to make it a practical impossibility. Scarce public resources make it extremely difficult to finance acquisition of the existing low- and very low income housing that could prevent some of this loss. (c) There is an inadequate supply of private capital and investors committed to preserving existing low- and very low income housing for the useful life of the buildings, particularly for inner-city, troubled, small, and scattered-site housing developments. Many of the changes in the 1986 Federal Tax Reform Act have increased the difficulties of raising equity capital for lower income housing. These economic pressures will add to the depletion of the low-income and very low income housing stock. (d) It is the policy of this state to encourage the widest possible joint participation by local and state government and nonprofit and private enterprise in the preservation and expansion of housing for low-income households and very low income households. (e) It is in the public interest that one or more organizations should be created to encourage maximum participation by private investors and the public sector in programs and projects to preserve and expand the existing supply of low-income housing and very low income housing serving California residents. (f) It is, additionally, in the public interest to permit a nonprofit corporation to be formed for the purpose of raising private equity capital for syndication of projects sponsored by nonprofit housing development corporations. The equity capital raised will go toward the acquisition, rehabilitation, acquisition and rehabilitation, or construction of housing and related facilities, primarily for the benefit of low-income households and very low income households. (Added by Stats. 1987, Ch. 1355, Sec. 1.)
  44. 52540.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 2. Definitions [52540- 52540.] ( Chapter 2 added by Stats. 1987, Ch. 1355, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the part, including corporation, low-income housing, nonprofit corporation, and very low income housing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 2. Definitions [52540- 52540.] ( Chapter 2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## 52540. The following definitions shall govern the construction and interpretation of this part: (a) “Corporation” means a corporation formed pursuant to Section 52550. (b) “Low-income housing” means housing available at affordable rent to lower income households, as defined in Section 50079.5. (c) “Nonprofit corporation” means a nonprofit corporation organized pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code), or a limited equity housing cooperative, as defined by Section 11003.4 of the Business and Professions Code. (d) “Very low income housing” means housing available at affordable rents to very low income households as defined by Section 50105. (Added by Stats. 1987, Ch. 1355, Sec. 1.)
  45. 52550.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 3. Corporation [52550 - 52552] ( Chapter 3 added by Stats. 1987, Ch. 1355, Sec. 1. )

    Verify source ↗

    A nonprofit corporation may be formed to carry out this part’s purposes, and the corporation is not treated as a state entity.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 3. Corporation [52550 - 52552] ( Chapter 3 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## 52550. (a) A nonprofit corporation may be formed to carry out the purposes of this part. The corporation is not a state entity and the officers and employees of the corporation are not officers or employees of the state and shall not be subject to state civil service. (b) Nothing in this chapter shall be construed to preclude any person from creating other corporations and organizing other partnerships, joint ventures, or associations for the purposes set forth in this part. (Added by Stats. 1987, Ch. 1355, Sec. 1.)
  46. 52551.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 3. Corporation [52550 - 52552] ( Chapter 3 added by Stats. 1987, Ch. 1355, Sec. 1. )

    Verify source ↗

    This section sets out how the corporation’s incorporators and board are appointed, and it limits board members from acting on matters where they have a financial interest.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 3. Corporation [52550 - 52552] ( Chapter 3 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## 52551. (a) (1) The Governor shall appoint, subject to advice and consent of the Senate, five of the incorporators of the corporation from the categories of persons described in paragraphs (1) to (5), inclusive, of subdivision (b). The Senate Rules Committee shall appoint one of the incorporators of the corporation from the category of persons described in paragraph (7) of subdivision (b), and the Speaker of the Assembly shall appoint one of the incorporators of the corporation from the category of persons described in paragraph (8) of subdivision (b). (2) The incorporators shall serve as the initial board of directors of the corporation. The term of office of three of the incorporators shall be for three years, the term of office of two of the initial incorporators shall be for two years, and the term of office of the remaining two initial incorporators shall be for one year, as determined by lot. The Governor shall appoint one of the eight incorporators to serve as the chairperson of the board of directors. All subsequent appointments to the board of directors, including the appointment of the chairperson, shall be for three-year terms and shall be made by the appointing power described in this subdivision from the categories of persons described in subdivision (b). (b) The board of directors shall consist of eight members committed to working with nonprofit developers to preserve and expand the state’s supply of low-income and very low income housing and experienced in providing low-income and very low income housing through encouraging greater participation by private investors, nonprofit housing corporations, and local and state governments. The board of directors shall be appointed as specified in subdivision (a) from each of the following categories: (1) An elected or appointed official of a city or county with experience in assisting nonprofit housing developers to provide housing for low-income and very low income households. (2) A person from the savings and loan, mortgage banking, or commercial banking industry. (3) A person knowledgeable about tax, securities, and partnership law as they relate to low-income or very low income housing. (4) A person experienced in developing and implementing plans for the repair and rehabilitation of existing low-income or very low income housing. (5) A housing consultant experienced in developing and implementing programs utilizing equity capital. (6) The Director of Housing and Community Development. (7) A person experienced in the management of rental or cooperative housing occupied by low-income or very low income households. (8) A person from a nonprofit housing corporation experienced in working with the private sector and public sector to help preserve existing low-income or very low income housing. (c) The representation of varied interest groups on the board of directors shall be deemed essential to obtain information for the development of policy and decisions of the board of directors. It shall not be a conflict of interest for individuals from each of the respective categories designated in subdivision (b) to serve as a member of the board of directors. If any board member has a financial interest, as described in Section 87103 of the Government Code, the interest shall be disclosed as a matter of official public record and shall be described with particularity, as determined by the other members of the board of directors. No board member shall make, participate in making, or in anyway attempt to use his or her position to influence, a decision of the board of directors in which he or she knows or has reason to know that he or she has a financial interest. (d) Any violation of this section by a board member shall constitute grounds for disqualification as a board member. (Amended by Stats. 1991, Ch. 259, Sec. 1.)
  47. 52552.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 3. Corporation [52550 - 52552] ( Chapter 3 added by Stats. 1987, Ch. 1355, Sec. 1. )

    Verify source ↗

    The initial board of directors must take the actions needed to establish the corporation, including filing articles of incorporation.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 3. Corporation [52550 - 52552] ( Chapter 3 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## 52552. The initial board of directors shall take whatever actions are necessary or appropriate to establish the corporation, including, but not limited to, the filing of articles of incorporation. (Added by Stats. 1987, Ch. 1355, Sec. 1.)
  48. 52560.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 4. Purposes and Powers of the Corporation [52560 - 52561] ( Chapter 4 added by Stats. 1987, Ch. 1355, Sec. 1. )

    Verify source ↗

    The corporation may use several financing, partnership, acquisition, and assistance tools to support low-income and very low income housing, and it must give priority to certain hard-to-finance developments and maximize units for very low income households.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 4. Purposes and Powers of the Corporation [52560 - 52561] ( Chapter 4 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## 52560. (a) In order to achieve the objectives and carry out the purposes of this part, the corporation may do all of the following: (1) Raise equity funds, from corporations or individuals, for housing and related facilities sponsored by nonprofit housing development corporations organized pursuant to state or federal law, primarily for the benefit of very low income or low-income households. (2) Except as provided in paragraph (5), where no local nonprofit housing development corporation exists, plan, initiate, and carry out the acquisition, rehabilitation, acquisition and rehabilitation, or construction of housing and related facilities pursuant to state or federal law, primarily for the benefit of very low income households or low-income households, only to the extent necessary to carry out the purposes of this chapter in raising equity capital. (3) Establish accounts necessary to accomplish the developments or projects described in paragraph (1). (4) Provide technical assistance to nonprofit corporations, public agencies, and private profit-motivated entities and individuals with respect to housing planning, financing, acquisition, rehabilitation, maintenance, or management to ensure continuation of the existing low-income or very low income housing stock. The corporation may enter into contracts with organizations or individuals receiving technical assistance to provide for payment of services. (5) Acquire government subsidized multifamily housing and related facilities, occupied by low-income and very low income households, which are at risk of conversion to market rate housing, or other non low-income use, provided that the conditions set forth in subparagraph (A) , (B), or (C), are met: (A) There is no other priority purchaser, as defined in Section 231 of the federal Low Income Housing Preservation and Resident Homeownership Act of 1990 (Public Law 101-625) as it may from time to time be amended, in active negotiation with the owner of the housing at the end of the first 10 months of the sale period. (B) No priority purchaser has executed an agreement to purchase the housing within 12 months of the sale period or a priority purchaser cannot fulfill the terms of a purchase agreement. (C) There is no local nonprofit organization or public agency qualified purchaser, as defined in Section 241 of the Federal Housing and Community Development Act of 1987 (Public Law 100-242) as it may from time to time be amended. (b) In order to carry out the purposes of subdivision (a), the corporation may also do any of the following: (1) Enter into limited partnerships with private individuals or private or governmental corporations, agencies, organizations, and institutions. (2) Act as manager or general partner of any such partnership, venture, or association. (3) Provide technical assistance to nonprofit corporations with respect to the planning, financing, acquisition, rehabilitation, maintenance, or management of low-income or very low income housing proposed to be supported by the corporation. (4) Make loans or grants, including grants of interest in housing and related facilities to nonprofit corporations, limited dividend corporations, or other entities for low-income or very low income housing to be supported by the corporation. (5) Hire staff or hire or accept the voluntary services of consultants, experts, or advisory boards to aid the corporation in carrying out the purposes of this chapter. (6) Engage in any other activities as may be necessary to carry out the purposes of this section. (c) In carrying out the purposes and objectives of subdivision (a), the corporation shall do both of the following: (1) Give priority to those housing developments which are having trouble attracting private capital at reasonable terms and conditions, including inner-city, rural, and small housing developments serving lower income households and very low income households. (2) Seek to ensure that a maximum number of units shall be made available for occupancy by very low income households. (d) (1) It is the intent of the Legislature in amending this section during the 1991–92 Regular Session, to accomplish all of the following: (A) To have the corporation encourage, to the greatest degree feasible, community-based priority purchasers to purchase multifamily housing and related facilities occupied by low-income and very low income households that are at risk of conversion to market rate housing and that the acquisition of this housing by the corporation shall only occur with the corporation acting as a buyer of last resort. (B) To have the corporation exercise every reasonable effort to transfer title to the housing to a tenant group, community-based nonprofit organization, or public agency within five years from the date the corporation acquires title consistent with the Low Income Housing Preservation and Resident Homeownership Act of 1990 (P.L. 101-625). (2) Nothing in this section shall be construed to require the sale of any multifamily housing and related facilities occupied by low-income and very low income households without the consent of the owner. (Amended by Stats. 1992, Ch. 775, Sec. 1. Effective January 1, 1993.)
  49. 52561.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 4. Purposes and Powers of the Corporation [52560 - 52561] ( Chapter 4 added by Stats. 1987, Ch. 1355, Sec. 1. )

    Verify source ↗

    The corporation may form partnerships, and the partnership may enter limited partnerships, but the corporation must be a partner in any partnership it joins and the partnership agreement must build in specified housing and participation protections.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 6.2. CALIFORNIA HOUSING PARTNERSHIP [52535 - 52561] ( Part 6.2 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## CHAPTER 4. Purposes and Powers of the Corporation [52560 - 52561] ( Chapter 4 added by Stats. 1987, Ch. 1355, Sec. 1. ) ## 52561. (a) The corporation may arrange for the formation, as separate organizations, of partnerships organized under the laws of this state for the purpose of engaging in any activities that may be performed by the corporation and entering into partnership agreements governing the affairs of the partnerships. (b) The partnership is authorized to enter into limited partnerships for the purpose of engaging in the preservation of existing low-income or very low income housing developments or projects in localities throughout the state. (c) The corporation shall be a general partner or limited partner in any partnership in which it participates. The capital of the partnership and the contribution of the partners shall be in such amounts and at the times which are set forth in, or pursuant to, the partnership agreement. (d) The partnership shall, to the extent feasible, seek maximum participation in the decisionmaking process by the local nonprofit housing corporation. (e) The partnership agreement shall contain provisions designed to assure all of the following: (1) The partnership participates in low-income and very low income housing developments or projects in a manner designed to encourage the maximum participation in those housing developments by units of local or state government. (2) The housing acquired by the partnership shall be preserved for occupancy by lower income households or very low income households for the physical life of the housing if it is economically feasible, as determined by the board of directors of the corporation. In the event that it is not economically feasible to maintain all of the units for lower income households and very low income households, one or more of the rental housing units may be made available for tenancy by households that are not lower income households or very low income households. (3) The partnership shall, to the extent feasible, seek those investments for which there is either an inadequate supply of private capital or where private investors are not committed to preserving the housing for low-income households or very low income households for the physical life of the housing. (4) Any displacement of any person resulting from the activities of the partnership shall be temporary in nature and necessary for the rehabilitation work. Relocation benefits shall be paid to those persons as part of the project costs. (f) The allocation, apportionment, and taxation of income, profits, losses, and deductions among partners shall be governed by the laws otherwise applicable to those allocations and apportionments. (Added by Stats. 1987, Ch. 1355, Sec. 1.)
  50. 53000.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 1. Legislative Findings and Intent [53000 - 53002] ( Chapter 1 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    This part may be cited as the Solar and Energy Conservation Mortgage Corporation Act of 1981.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 1. Legislative Findings and Intent [53000 - 53002] ( Chapter 1 added by Stats. 1981, Ch. 1033. ) ## 53000. This part may be cited as the Solar and Energy Conservation Mortgage Corporation Act of 1981. (Added by Stats. 1981, Ch. 1033.)
  51. 53001.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 1. Legislative Findings and Intent [53000 - 53002] ( Chapter 1 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The Legislature states California should reduce demand for nonrenewable energy sources and support financing for solar and energy conservation measures in buildings.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 1. Legislative Findings and Intent [53000 - 53002] ( Chapter 1 added by Stats. 1981, Ch. 1033. ) ## 53001. The Legislature hereby determines that: (a) There is a national policy of reducing demand for nonrenewable energy sources, recognition of which is especially important to the economic welfare of California residents and is, therefore, an important state policy goal. (b) Widespread purchase, installation, and use of effective energy conservation measures in designated buildings is a particularly promising and expeditious manner in which this goal may be pursued. (c) The provisions of this part are intended to provide a flexible, practicable, and effective program for the financing of solar and energy conservation measures in buildings throughout the state. (Added by Stats. 1981, Ch. 1033.)
  52. 53002.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 1. Legislative Findings and Intent [53000 - 53002] ( Chapter 1 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    This section states the Legislature’s intent that this part be interpreted and implemented to promote competition, renewable energy investment, jobs, and energy conservation.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 1. Legislative Findings and Intent [53000 - 53002] ( Chapter 1 added by Stats. 1981, Ch. 1033. ) ## 53002. The Legislature further declares its intention that the provisions of this part be interpreted and implemented in a manner which will accomplish the following: (a) Maintain a high level of diversity and competition among businesses and institutions which finance energy conservation measures and structural improvements. (b) Help to reduce the dependence of California on imported and nonrenewable energy sources, as well as to hold down increases in the cost of energy. (c) Encourage the movement of private capital into renewable energy and conservation investments, thereby eliminating or reducing the need to place additional burdens on California taxpayers and utility ratepayers, through creation of a secondary mortgage market instrumentality for the purchase of energy related loans. (d) Develop impetus toward creation of new jobs for California workers in the renewable energy, conservation, and building industries. (e) Help provide secure, progressive investment opportunities for financial institutions, insurance companies, pension funds, and other private investors in the fields of energy conservation and building improvement. (Added by Stats. 1981, Ch. 1033.)
  53. 53050.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The chapter’s definitions control how this part is read, unless the context requires otherwise and says so.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. ) ## 53050. Unless the context otherwise requires and so stipulates, the definitions provided in this chapter shall govern construction of this part. (Added by Stats. 1981, Ch. 1033.)
  54. 53052.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    This section defines “Corporation” as the Solar and Energy Conservation Mortgage Corporation, also called “Sunny Mac.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. ) ## 53052. “Corporation” means the Solar and Energy Conservation Mortgage Corporation, also known as “Sunny Mac,” created by this part. (Added by Stats. 1981, Ch. 1033.)
  55. 53054.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    This section defines “energy conservation measure” to include certain solar- or wind-powered systems, insulation, energy-saving windows and doors, and similar reasonably deemed improvements.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. ) ## 53054. “Energy conservation measure” means any one or more of the following: (a) A device, system, or design that utilizes solar energy or wind power for water heating, space heating or cooling, or the generation of electricity. (b) Ceiling, attic, wall, or floor insulation. (c) Storm windows and doors, multi-glazed windows and doors, and heat-absorbing or heat-reflective glazed windows and door materials, which substantially reduce the energy needed for space heating and cooling. (d) Such other measures or devices as may reasonably be deemed energy conservation enhancements or structural improvements. (Added by Stats. 1981, Ch. 1033.)
  56. 53056.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    This section defines “financial institution” to include several types of banks, lenders, insurers, and related companies in California.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. ) ## 53056. “Financial institution” means any commercial bank, trust company, savings and loan association, credit union, insurance company, industrial loan company, mortgage banker, or California business and industrial development company, in this state. (Added by Stats. 1981, Ch. 1033.)
  57. 53058.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    “Financing” means lending money to buy, lease, install, or construct energy conservation measures.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. ) ## 53058. “Financing” means to lend money for the purpose of purchasing, leasing, installing, or constructing energy conservation measures. (Added by Stats. 1981, Ch. 1033.)
  58. 53060.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    This section defines “holder-in-due course” for certain loans connected to this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. ) ## 53060. “Holder-in-due course,” means the purchaser of a loan or loans from a financial institution that participates in, arranges, or finances a loan pursuant to the provisions of this part, and who takes the loan instrument: (a) For value; (b) In good faith; and (c) Without notice that it is overdue or has been dishonored or of any defense against or claim to it on the part of any person. (Added by Stats. 1981, Ch. 1033.)
  59. 53062.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    “Structural improvements” means alterations or additions to a designated building intended to improve energy conservation and space-use efficiency.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 2. Definitions [53050 - 53062] ( Chapter 2 added by Stats. 1981, Ch. 1033. ) ## 53062. “Structural improvements” means alterations or additions to a designated building intended to enhance energy conservation and efficiency of building space utilization. (Added by Stats. 1981, Ch. 1033.)
  60. 53100.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The corporation created by this part is to be known as “Sunny Mac.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53100. The corporation created by this part shall be known as “Sunny Mac.” (Added by Stats. 1981, Ch. 1033.)
  61. 53101.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    This section creates the Solar and Energy Conservation Mortgage Corporation and states its purposes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53101. The Solar and Energy Conservation Mortgage Corporation is hereby created for the following purposes: (a) To facilitate financing of energy conservation measures and structural improvements. (b) To provide liquidity for loans made by member financial institutions for such purpose. (c) To provide that such loans shall be financed by private capital to the maximum extent feasible. (Added by Stats. 1981, Ch. 1033.)
  62. 53102.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The corporation must have common stock with voting rights, and shares are limited to member financial institutions and transfers on the corporation’s books.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53102. The corporation shall have common stock, without par value, which shall be vested with all voting rights, each share being entitled to one vote with rights of cumulative voting. Shares may be held beneficially and of record only by member financial institutions, shall be transferable only on the books of the corporation, and shall be subject to the following conditions: (a) The board of directors of the corporation shall, from time to time, establish a stated value for shares issued and sold by it, and a minimum number of shares which shall be owned by any member financial institution. The minimum number of shares shall be the higher of (1) a fixed minimum per member financial institutions and (2) a minimum expressed as a percentage of such member’s sales of loans to the corporation. (b) Dividends may be declared by the board of directors, in its discretion, to be paid by the corporation to the holders of its common stock, but in any one fiscal year the aggregate amount of cash dividends paid on account of any share of stock shall not exceed the percentage dividend rate paid for that year by the Federal Home Loan Bank of San Francisco. (c) If the corporation’s dividend rate in any one year does not equal the dividend rate paid for that year by the Federal Home Loan Bank of San Francisco, the difference in these rates may be applied to the corporation’s dividend rate in any subsequent year, even if it would mean exceeding that dividend rate for that year. (Added by Stats. 1981, Ch. 1033.)
  63. 53103.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The corporation’s board must have seven members, with specific members appointed or elected by named actors.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53103. The board of directors of the corporation shall consist of seven members, selected and appointed as follows: (a) One member, representing the public interest, for a term of four years, appointed by the Governor. (b) One member, for a term of four years, appointed by the State Treasurer. (c) One member, representing the solar energy industry, for a term of three years, appointed by the Secretary of the Business, Transportation and Housing Agency. (d) Four members, for terms of two years, elected by the stockholders of the corporation. (Added by Stats. 1981, Ch. 1033.)
  64. 53104.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    Board members must elect a chairman from among themselves every year.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53104. The members of the board shall annually elect a chairman from among their membership. (Added by Stats. 1981, Ch. 1033.)
  65. 53105.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The Secretary of the Business, Transportation and Housing Agency initially appoints the four stockholder representatives for the corporation.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53105. In order to expedite the startup of the corporation, the four members representing the stockholders shall initially be appointed by the Secretary of the Business, Transportation and Housing Agency. These members will serve until the first stockholders’ meeting, at which point they will be replaced by elected members. (Added by Stats. 1981, Ch. 1033.)
  66. 53106.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The Governor, State Treasurer, and Secretary of Business, Transportation and Housing must appoint certain directors by February 1, 1982. Those directors must then call the first general shareholders’ meeting by May 30, 1983, when record shareholders elect directors.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53106. On or before February 1, 1982, the Governor, the State Treasurer, and the Secretary of Business, Transportation and Housing shall appoint the directors authorized under Sections 53103 and 53105. These directors shall call the first general shareholders’ meeting not later than May 30, 1983, at which time the shareholders of record shall elect the directors authorized by subdivision (f) of Section 53103. (Added by Stats. 1981, Ch. 1033.)
  67. 53108.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The corporation may buy, service, sell, lend on, or otherwise deal in loans and credit advances for financing energy conservation measures.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53108. For the purposes set forth in this chapter, the corporation is authorized pursuant to commitments, or otherwise, to purchase, service, sell, lend on the security of, or otherwise deal in, any loans or advances of credit made for financing energy conservation measures. To be eligible for purchase, the loan shall be secured and comply with such other standards as required by the corporation. (Added by Stats. 1981, Ch. 1033.)
  68. 53109.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The corporation may borrow money by issuing specified securities and may exercise other corporate powers allowed by Section 207.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53109. For the purposes set forth in this chapter, the corporation is authorized to borrow money through the issuance of notes, bonds, debentures, mortgage trust certificates, or any other security or secondary mortgage market instrument and shall have such other corporate powers as permitted under Section 207 of the Corporations Code. (Added by Stats. 1981, Ch. 1033.)
  69. 53110.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    Any financial institution may apply to the corporation to become a member financial institution, and the corporation must set qualification standards and procedures.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53110. Any financial institution may apply to the corporation to become a member financial institution. The corporation shall establish standards and procedures for qualification as a member financial institution, from which the corporation shall purchase loans made for the purposes set forth in this part. (Added by Stats. 1981, Ch. 1033.)
  70. 53111.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    If the corporation buys loans under this part for value, in good faith, and without actual written notice of adverse claims, it gets holder-in-due-course status.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53111. Any purchases of loans made by the corporation pursuant to the provisions of this part, for value, in good faith and without actual and written notice of any adverse claims against the loans, shall place the corporation in the status of holder-in-due course of the loans. (Added by Stats. 1981, Ch. 1033.)
  71. 53112.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    Certain mortgage trust certificates, mortgage-backed bonds, passthrough certificates, and related obligations are treated as legal investments for listed fiduciaries and institutions, without a court order.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53112. Any mortgage trust certificates, mortgage-backed bonds, mortgage-backed passthrough certificates, or other obligations of the corporation secured by the loans and related deeds of trust purchased by the corporation shall be a legal investment for every executor, administrator, trustee, guardian, conservator of a natural person, receiver, fiduciary, public corporation, political subdivision, public instrumentality, charitable institution, educational and eleemosynary institution, bank, savings bank, trust company, financial institution, insurance company, public or private pension fund or profit sharing trust, or cemetery association, without court order. (Added by Stats. 1981, Ch. 1033.)
  72. 53113.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. )

    Verify source ↗

    The corporation may accept and administer certain grants, loans, guarantees, and special programs, but it does not have to accept an administration that would make it operate at a loss.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 7. SOLAR AND ENERGY CONSERVATION MORTGAGE CORPORATION [53000 - 53113] ( Part 7 added by Stats. 1981, Ch. 1033. ) ## CHAPTER 3. Purpose and Organization [53100 - 53113] ( Chapter 3 added by Stats. 1981, Ch. 1033. ) ## 53113. The corporation may accept and administer grants, subsidies, loans, loan guarantees, and other special programs as may be established for that purpose by the Public Utilities Commission, State Energy Resources Conservation and Development Commission, or any other federal or state agency. However, the corporation shall not be required to accept any administration which would require operation at a loss to the corporation. (Added by Stats. 1981, Ch. 1033.)
  73. 53130.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. )

    Verify source ↗

    Money from bond sales deposited in the Roberti Affordable Housing Fund must be allocated to specified housing funds and programs, and it generally cannot be spent on project operating costs.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. ) ## 53130. (a) Moneys deposited in the Roberti Affordable Housing Fund from the sale of bonds pursuant to Part 9 (commencing with Section 53150) shall be allocated for expenditure in accordance with the following schedule: (1) Two hundred million dollars ($200,000,000) shall be transferred to the Rental Housing Construction Fund to be expended for the programs authorized by Chapter 9 (commencing with Section 50735) of Part 2, except Sections 50738.5 and 50745.1. (2) Twenty-five million dollars ($25,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for the purpose of making deferred-payment loans to acquire and rehabilitate residential hotels, as authorized by Section 50670. (3) Twenty-five million dollars ($25,000,000) shall be transferred to the Emergency Housing and Assistance Fund to be expended for the programs authorized by Chapter 11.5 (commencing with Section 50800) of Part 2. (4) Fifteen million dollars ($15,000,000) shall be transferred to the Family Housing Demonstration Account to be expended for the programs authorized by Chapter 15 (commencing with Section 50880) of Part 2 of Division 31 of the Health and Safety Code. (5) Ten million dollars ($10,000,000) shall be transferred to the department for expenditure for the development of migrant farm labor centers authorized by Chapter 8.5 (commencing with Section 50710) of Part 2 of Division 31 of the Health and Safety Code. (6) Twenty-five million dollars ($25,000,000) shall be transferred to the Home Purchase Assistance Fund to be expended for programs authorized by Chapter 6.8 (commencing with Section 51341) of Part 2 of Division 31 of the Health and Safety Code. (b) Moneys deposited in the Roberti Affordable Housing Fund from the sale of bonds pursuant to Part 10 (commencing with Section 53190) shall be allocated for expenditure in accordance with the following schedule: (1) One hundred million dollars ($100,000,000) shall be transferred to the Rental Housing Construction Fund to be expended for the programs authorized by Chapter 9 (commencing with Section 50735) of Part 2, except Sections 50738.5 and 50745.1. (2) Fifteen million dollars ($15,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for the purpose of making deferred-payment loans to acquire and rehabilitate residential hotels, as authorized by Section 50670. (3) Ten million dollars ($10,000,000) shall be transferred to the Emergency Housing and Assistance Fund to be expended for the programs authorized by Chapter 11.5 (commencing with Section 50800) of Part 2. (4) Twenty-five million dollars ($25,000,000) shall be transferred to the Home Purchase Assistance Fund to be expended for programs authorized by Chapter 6.8 (commencing with Section 51341) of Part 2. (c) No portion of any of the moneys allocated pursuant to this section may be expended for project operating costs, except that this section does not preclude expenditures for operating costs from reserves required to be maintained by or on behalf of the project sponsor. (Amended by Stats. 2002, Ch. 26, Sec. 7. Effective April 22, 2002. Operative after November 5, 2002 (Prop. 46 was adopted) by Sec. 9 of Ch. 26.)
  74. 53131.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. )

    Verify source ↗

    Money repaid or rebated to a fund covered by Section 53130 must stay in that fund and be used only for that fund’s permitted purposes.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. ) ## 53131. Notwithstanding other provisions of law, any money which may be repaid or rebated to any fund specified in Section 53130 in connection with a program funded pursuant to Section 53130 shall be retained in that fund and shall be utilized for the purposes permitted by that fund as amended by the act which enacts this chapter. (Added by Stats. 1988, Ch. 30, Sec. 7. Effective March 14, 1988.)
  75. 53133.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. )

    Verify source ↗

    Money deposited under Section 53130 may be spent only for authorized housing programs serving the specified households.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. ) ## 53133. Notwithstanding other provisions of law, moneys deposited in any fund pursuant to Section 53130 shall only be expended for housing programs or those portions of housing programs authorized by law which serve households specified in Sections 50079.5 and 50105, respectively, in accordance with program requirements. (Added by Stats. 1988, Ch. 30, Sec. 7. Effective March 14, 1988.)
  76. 53134.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. )

    Verify source ↗

    The department must include information on the use of bond proceeds in the annual report required by Section 50408.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. ) ## 53134. In addition to any other reports required by law, the department shall include within the annual report required by Section 50408 information on the utilization of bond proceeds authorized by this part. (Added by Stats. 1988, Ch. 30, Sec. 7. Effective March 14, 1988.)
  77. 53135.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. )

    Verify source ↗

    The agency must include information about how bond proceeds authorized by this part are being used in its annual report under Section 51005.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. ) ## 53135. In addition to any other reports required by law, the agency shall include within the annual report required by Section 51005 information on the utilization of bond proceeds authorized by this part. (Added by Stats. 1988, Ch. 30, Sec. 7. Effective March 14, 1988.)
  78. 53136.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. )

    Verify source ↗

    The agency or the department may execute contracts and related instruments for administering programs under Section 53130.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 8. ALLOCATION OF HOUSING BOND REVENUES [53130 - 53136] ( Part 8 added by Stats. 1988, Ch. 30, Sec. 7. ) ## 53136. The agency or the department may execute, in accordance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, contracts and related instruments in connection with administration of any program specified in Section 53130 for activities which may include, but are not limited to, the following: (a) Preparation of regulations and guidelines necessary to administer the programs. (b) Evaluation, ranking, and award of funds for projects and housing developments. (c) Preparation of contracts and contract administration. (d) Disbursement of funds and accounting of moneys. (e) Loan origination and servicing. (f) Monitoring of projects and housing developments. (g) Issuance or marketing of bonds, including procurement of financial consultants, underwriters, actuaries, bond counsel, and computer and printing services. (Added by Stats. 1988, Ch. 30, Sec. 7. Effective March 14, 1988.)
  79. 53150.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 1. General Provisions [53150 - 53151] ( Chapter 1 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    This section names the part as the Housing and Homeless Bond Act of 1988 and says it may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 1. General Provisions [53150 - 53151] ( Chapter 1 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53150. This part shall be known and may be cited as the Housing and Homeless Bond Act of 1988. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  80. 53151.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 1. General Provisions [53150 - 53151] ( Chapter 1 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    This section defines the terms “Bond,” “Committee,” and “Fund” for this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 1. General Provisions [53150 - 53151] ( Chapter 1 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53151. As used in this part, the following terms have the following meanings: (a) “Bond” means a bond, authorized by Section 53170, that is tax exempt under both state and federal law, or a bond that is tax exempt under state law and taxable under federal law. (b) “Committee” means the Housing Committee created pursuant to Section 53172. (c) “Fund” means the Home Building and Rehabilitation Fund created pursuant to Section 53160. (Amended by Stats. 1989, Ch. 1193, Sec. 2. Note: This section was added by Stats. 1988, Ch. 48, and approved in Prop. 84 on Nov. 8, 1988.)
  81. 53160.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 2. Home Building and Rehabilitation Fund [53160- 53160.] ( Chapter 2 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    Bond proceeds must be deposited into the Roberti Affordable Housing Fund, which is created by this section.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 2. Home Building and Rehabilitation Fund [53160- 53160.] ( Chapter 2 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53160. The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Roberti Affordable Housing Fund, which is hereby created. Moneys in the fund shall be allocated and utilized in accordance with Part 8 (commencing with Section 53130). (Amended by Stats. 1990, Ch. 577, Sec. 19. Effective September 5, 1990. Note: This section was added by Stats. 1988, Ch. 48, and approved in Prop. 84 on Nov. 8, 1988.)
  82. 53170.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    This section authorizes up to $300 million in bonds to be issued and sold for the stated bond act purposes and to reimburse a state revolving fund.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53170. Bonds in the total amount of three hundred million dollars ($300,000,000), exclusive of refunding bonds issued pursuant to Section 53170.5, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  83. 53170.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    Bonds issued and sold under this chapter may be refunded with refunding bonds, following the referenced Government Code procedure.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53170.5. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of these bonds shall include the approval of any bonds issued to refund any bonds originally issued or previously issued refunding bonds. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  84. 53171.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    The bonds covered by this section must be handled under the State General Obligation Bond Law, including preparation, execution, issuance, sale, payment, and redemption.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53171. The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this part and are hereby incorporated in this part as though set forth in full in this part. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  85. 53172.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    This section creates the Housing Committee for bond issuance purposes and lets a majority of the committee act for it.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53172. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this part, the Housing Committee is hereby created. For purposes of this part, the Housing Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, the Treasurer, the Director of Finance, the Director of the Department of Housing and Community Development, and the Executive Director of the California Housing Finance Agency, or their designated representatives. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated as the “board” for programs administered by the department and the California Housing Finance Agency is designated as the “board” for programs administered by the agency. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  86. 53173.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    The committee must decide whether issuing authorized bonds is necessary or desirable, and may authorize and sell the bonds in successive issues.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53173. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Part 8 (commencing with Section 53130) as added by Senate Bill No. 1692 of the 1987–88 Regular Session, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  87. 53174.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    Each year, a sum must be collected to cover bond principal and interest, and revenue-collection officers must carry out the acts needed to collect it.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53174. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  88. 53175.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    Money is appropriated from the General Fund for this part’s purposes, including debt service on bonds and carrying out Section 53176.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53175. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 53176, appropriated without regard to fiscal years. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  89. 53176.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund for this part, up to the amount of unsold bonds authorized for sale.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53176. For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this part. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds for the purpose of carrying out this part. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  90. 53176.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    If certain bond tax conditions apply, the Treasurer may keep separate accounts for bond proceeds and earnings and use them for federal tax-related payments or other actions needed to preserve tax-exempt status.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53176.2. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 14.)
  91. 53176.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    The board may ask for a loan from the Pooled Money Investment Board, but the request cannot be larger than the unsold bonds already authorized for sale, and the board must sign any documents needed to get and repay the loan.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53176.5. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents which are required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated to the board in accordance with this chapter. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  92. 53177.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    Money in the fund that comes from bond premium and accrued interest must stay reserved in the fund and may be transferred to the General Fund to credit bond interest expenses.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53177. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  93. 53178.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. )

    Verify source ↗

    The Legislature declares that bond sale proceeds under this part are not “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 9. HOUSING AND HOMELESS BOND ACT OF 1988 [53150 - 53178] ( Part 9 added by Stats. 1988, Ch. 48, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [53170 - 53178] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 1. ) ## 53178. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1988, Ch. 48, Sec. 1. Approved in Proposition 84 at the November 8, 1988, election.)
  94. 53180.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 1. General Provisions [53180 - 53181] ( Chapter 1 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    This part is known as the Housing and Homeless Bond Act of 1990.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 1. General Provisions [53180 - 53181] ( Chapter 1 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53180. This part shall be known and may be cited as the Housing and Homeless Bond Act of 1990. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  95. 53181.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 1. General Provisions [53180 - 53181] ( Chapter 1 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    This section defines “Committee” and “Fund” for this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 1. General Provisions [53180 - 53181] ( Chapter 1 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53181. As used in this part, the following terms have the following meanings: (a) “Committee” means the Housing Committee created pursuant to Section 53202. (b) “Fund” means the Home Building and Rehabilitation Fund created pursuant to Section 53190. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  96. 53190.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 2. Home Building and Rehabilitation Fund [53190- 53190.] ( Chapter 2 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    Bond sale proceeds must be deposited into the Home Building and Rehabilitation Fund, and fund money must be used as directed by Part 8.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 2. Home Building and Rehabilitation Fund [53190- 53190.] ( Chapter 2 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53190. The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Home Building and Rehabilitation Fund. Moneys in the fund shall be allocated and utilized in accordance with Part 8 (commencing with Section 53130), as added by Senate Bill 1692 of the 1987–88 Regular Session. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  97. 53200.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    Up to $150 million in bonds may be issued and sold to fund the part’s purposes and reimburse a state bond expense fund, excluding refunding bonds under Section 53201.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53200. Bonds in the total amount of one hundred fifty million dollars ($150,000,000), exclusive of refunding bonds issued pursuant to Section 53201, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  98. 53201.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    Bonds issued and sold under this chapter may be refunded by refunding bonds, following the referenced Government Code article.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53201. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of these bonds shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  99. 53202.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    Bonds authorized by this part must be handled under the State General Obligation Bond Law, including preparation, execution, issuance, sale, payment, and redemption.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53202. The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this part and are hereby incorporated in this part as though set forth in full in this part. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  100. 53203.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    This section creates the Housing Committee for bond issuance purposes and designates two agencies as the “board” for their programs under the State General Obligation Bond Law.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53203. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this part, the Housing Committee is hereby created. For purposes of this part, the Housing Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Controller, the Treasurer, the Director of Finance, the Director of the Department of Housing and Community Development, and the Executive Director of the California Housing Finance Agency, or their designated representatives. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated as the “board” for programs administered by the department and the California Housing Finance Agency is designated as the “board” for programs administered by the agency. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  101. 53204.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    The committee must decide whether bonds should be issued, and if so how much. Bonds may be issued in successive rounds and do not have to be sold all at once.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53204. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Part 8 (commencing with Section 53130) as added by Senate Bill 1692 of the 1987–88 Regular Session, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  102. 53205.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    Each year, a sum must be collected to pay bond principal and interest, and revenue-collection officers must do whatever is necessary to collect it.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53205. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  103. 53206.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    The statute appropriates money from the State General Fund for bond principal and interest payments and for carrying out Section 53207.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53206. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 53207, appropriated without regard to fiscal years. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  104. 53207.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund to carry out this part, but only up to the amount of unsold bonds authorized for sale.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53207. For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this part. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds for the purpose of carrying out this part. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  105. 53207.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    If the Treasurer sells certain bond-act bonds with the stated federal tax opinion, the Treasurer may manage the bond proceeds and earnings in separate accounts and use them for federal tax-compliance payments or other federal-law-required actions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53207.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 15.)
  106. 53208.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    The board may ask for a loan from the Pooled Money Investment Account to carry out this chapter, but the request cannot exceed the amount of unsold bonds authorized for sale; the board must also sign required repayment and loan documents.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53208. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute such documents as are required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  107. 53209.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. )

    Verify source ↗

    The Legislature states that bond-sale proceeds under this part are not treated as tax proceeds, so their disbursement is not subject to Article XIII B limits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 10. HOUSING AND HOMELESS BOND ACT OF 1990 [53180 - 53209] ( Part 10 added by Stats. 1988, Ch. 48, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53200 - 53209] ( Chapter 3 added by Stats. 1988, Ch. 48, Sec. 2. ) ## 53209. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1988, Ch. 48, Sec. 2. Approved in Proposition 107 at the June 5, 1990, election.)
  108. 53500.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 1. General Provisions [53500 - 53501] ( Chapter 1 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    This section says Part 11 is known as the Housing and Emergency Shelter Trust Fund Act of 2002 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 1. General Provisions [53500 - 53501] ( Chapter 1 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53500. This part shall be known and may be cited as the Housing and Emergency Shelter Trust Fund Act of 2002. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  109. 53501.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 1. General Provisions [53500 - 53501] ( Chapter 1 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    This section defines “Committee” and “Fund” for this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 1. General Provisions [53500 - 53501] ( Chapter 1 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53501. As used in this part, the following terms have the following meanings: (a) “Committee” means the Housing Finance Committee created pursuant to Section 53524. (b) “Fund” means the Housing and Emergency Shelter Trust Fund created pursuant to Section 53520. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  110. 53520.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund [53520- 53520.] ( Chapter 2 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    Bond proceeds must be deposited into the Housing and Emergency Shelter Trust Fund, and money in the fund must be used according to Chapter 4 starting at Section 53533.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund [53520- 53520.] ( Chapter 2 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53520. The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Housing and Emergency Shelter Trust Fund, which is hereby created. Money in the fund shall be allocated and utilized in accordance with Chapter 4 (commencing with Section 53533). (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  111. 53521.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    The committee may issue and sell bonds up to $2.1 billion, excluding refunding bonds, if needed to carry out this part or make an effective sale.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53521. Bonds in the total amount of two billion one hundred million dollars ($2,100,000,000) exclusive of refunding bonds, or so much thereof as is determined necessary and feasible by the committee in order to effectuate this part or to conduct an effective sale, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid legally and binding obligation of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  112. 53522.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    Bonds issued and sold under this part may be refunded with refunding bonds, if done under the cited Government Code procedure.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53522. Any bonds issued and sold pursuant to this part may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of bonds described in this chapter shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  113. 53523.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    This section says the authorized bonds must be handled under the State General Obligation Bond Law, bond issuance costs must be paid from bond proceeds, and those costs must be allocated proportionally across the funded programs.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53523. (a) The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) and all of the other provisions of that law apply to the bonds and to this part and are hereby incorporated in this part as though set forth in full in this part. (b) Pursuant to the State General Obligation Bond Law, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this chapter. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  114. 53525.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    After the board requests funds, the committee must decide whether bonds should be issued and, if so, how much to issue and sell.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53525. Upon request of the board stating that funds are needed for the purposes of this chapter, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Chapter 4 (commencing with Section 53533) and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  115. 53526.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    Each year, an additional sum must be collected to pay bond principal and interest, and revenue-collection officers must take all necessary steps to collect it.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53526. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  116. 53527.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    Money is appropriated from the General Fund for this part’s purposes, including bond principal and interest payments and funding Section 53528.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53527. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund, for the purposes of this part, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. (b) The sum necessary to carry out the provisions of Section 53528, appropriated without regard to fiscal years. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  117. 53528.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund for this part, up to the amount of unsold bonds authorized for sale; withdrawn money must be deposited in the fund and later returned to the General Fund from bond-sale proceeds.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53528. For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this part. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund from money received from the sale of bonds for the purpose of carrying out this part. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  118. 53529.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    The Treasurer may manage bond proceeds and earnings in separate accounts and use them for federal law-required payments or other actions needed to preserve tax-exempt status.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53529. Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this part that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  119. 53530.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    The board may ask for a loan from the Pooled Money Investment Board, but the request cannot exceed the amount of unsold bonds already authorized for sale. If a loan is made, the board must sign required documents and the money must be deposited in the fund.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53530. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out this part. The amount of the request shall not exceed the amount of unsold bonds that the committee has by resolution authorized to be sold for the purpose of carrying out this part. The board shall execute any documents that are required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this part. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  120. 53531.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    Money in the fund derived from premiums and bond interest must be kept in the fund and may be transferred to the General Fund as a credit for bond-interest expenses.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53531. All money deposited in the fund that is derived from premiums and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  121. 53532.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    The Legislature declares that bond sale proceeds under this part are not “proceeds of taxes” and are not subject to Article XIII B limits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 3. Fiscal Provisions [53521 - 53532] ( Chapter 3 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53532. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2002, Ch. 26, Sec. 8. Approved in Proposition 46 at the November 5, 2002, election.)
  122. 53533.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 4. Allocation of Housing Bond Revenues [53533 - 53534] ( Chapter 4 added by Stats. 2002, Ch. 26, Sec. 8. )

    Verify source ↗

    This section allocates specified bond revenues to several housing and assistance programs and sets conditions, deadlines, and reversions for some of the funds.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 4. Allocation of Housing Bond Revenues [53533 - 53534] ( Chapter 4 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53533. (a) Moneys deposited in the fund from the sale of bonds pursuant to this part shall be allocated for expenditure in accordance with the following schedule: (1) Nine hundred ten million dollars ($910,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, except for the following: (A) Fifty million dollars ($50,000,000) shall be transferred to the Preservation Opportunity Fund and, notwithstanding Section 13340 of the Government Code, is continuously appropriated without regard to fiscal years for the preservation of at-risk housing pursuant to Chapter 5 (commencing with Section 50600) of Part 2. (B) Twenty million dollars ($20,000,000) shall be used for nonresidential space for supportive services, including, but not limited to, job training, health services, and child care within, or immediately proximate to, projects to be funded under the Multifamily Housing Program. This funding shall be in addition to any applicable per-unit or project loan limits and may be in the form of a grant. Service providers shall ensure that services are available to project residents on a priority basis over the general public. (C) Twenty-five million dollars ($25,000,000) shall be used for matching grants to local housing trust funds pursuant to Section 50843. (D) Fifteen million dollars ($15,000,000) shall be used for student housing through the Multifamily Housing Program, subject to the following provisions: (i) The department shall give first priority for projects on land owned by a University of California or California State University campus. Second priority shall be given to projects located within one mile of a University of California or California State University campus that is suffering from a severe shortage of housing and limited availability of developable land as determined by the department. Those determinations shall be set forth in the Notice of Funding Availability and shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code. (ii) All funds shall be matched on a one-to-one basis from private sources or by the University of California or California State University. For the purposes of this subparagraph, “University of California” includes the college named in Section 92200 of the Education Code. (iii) Occupancy for the units shall be restricted to students enrolled on a full-time basis in the University of California or California State University. (iv) Income eligibility pursuant to the Multifamily Housing Program shall be established by verification of the combined income of the student and their family. (v) Any funds not used for this purpose within 24 months of the date that the funds are made available shall be awarded pursuant to subdivision (a) for the Downtown Rebound Program as set forth in paragraph (3) of subdivision (a) of Section 50898.1. (E) Any funds not encumbered for the purposes set forth in this paragraph, except subparagraph (D), within 30 months of availability shall revert to the Housing Rehabilitation Loan Fund created by Section 50661 for general use in the Multifamily Housing Program. (2) One hundred ninety-five million dollars ($195,000,000) shall be transferred to the Emergency Housing and Assistance Fund to be expended for the Emergency Housing and Assistance Program authorized by Chapter 11.5 (commencing with Section 50800) of Part 2 and for supportive housing purposes specified in paragraph (3). (3) One hundred ninety-five million dollars ($195,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for supportive housing projects under the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, to serve individuals and households moving from emergency shelters or transitional housing or those at risk of homelessness. (4) Two hundred million dollars ($200,000,000) shall be transferred to the Joe Serna, Jr. Farmworker Housing Grant Fund to be expended for farmworker housing programs authorized by Chapter 3.2 (commencing with Section 50517.5) of Part 2, except for the following: (A) Twenty-five million dollars ($25,000,000) shall be used for projects that serve migratory agricultural workers as defined in subdivision (i) of Section 7602 of Title 25 of the California Code of Regulations. If, after July 1, 2003, funds remain after the approval of all feasible applications, the department shall be deemed an eligible recipient for the purposes of reconstructing migrant centers operated through the Office of Migrant Services pursuant to Chapter 8.5 (commencing with Section 50710) that would otherwise be scheduled for closure due to health or safety considerations or are in need of significant repairs to ensure the health and safety of the residents. Of the moneys allocated by this subparagraph, the department shall receive fifteen million dollars ($15,000,000) for these purposes subject to the following conditions and requirements: (i) The amount available to the department as a recipient shall be limited to ten million seven hundred thousand dollars ($10,700,000) prior to September 1, 2006. The department may receive up to four million three hundred thousand dollars ($4,300,000) in additional funds after that date and prior to July 1, 2007, to the extent that unencumbered funds are available. (ii) The department shall make at least eight million one hundred fifty-nine thousand dollars ($8,159,000) available for flexible loans and grants for projects that serve migratory agricultural workers pursuant to subdivision (a) of Section 50517.10. These funds shall be available for encumbrance until September 1, 2006. (iii) Any funds allocated by this subparagraph remaining unencumbered on July 1, 2007, shall revert for general use in the Joe Serna, Jr. Farmworker Housing Grant Program. (B) Twenty million dollars ($20,000,000) shall be used for developments that also provide health services to the residents. Recipients of these funds shall be required to provide ongoing monitoring of funded developments to ensure compliance with the requirements of the Joe Serna, Jr. Farmworker Housing Grant Program. Projects receiving funds through this allocation shall be ineligible for funding through the Joe Serna, Jr. Farmworker Housing Grant Program. (C) Except as provided in subparagraph (A), funds not encumbered for the purposes set forth in this paragraph within 30 months of availability shall revert for general use in the Joe Serna, Jr. Farmworker Housing Grant Program. (5) Two hundred five million dollars ($205,000,000) shall be transferred to the Self-Help Housing Fund. Notwithstanding Section 13340 of the Government Code and Section 50697.1, these funds are hereby continuously appropriated without regard to fiscal years to the department to be expended for the purposes of the CalHome Program authorized by Chapter 6 (commencing with Section 50650) of Part 2, except for the following: (A) Seventy-five million dollars ($75,000,000) shall be transferred to the Building Equity and Growth in Neighborhoods Fund to be used for the Building Equity and Growth in Neighborhoods (BEGIN) Program pursuant to Chapter 4.5 (commencing with Section 50860) of Part 1. (B) Five million dollars ($5,000,000) shall be used to provide grants to cities, counties, cities and counties, and nonprofit organizations to provide grants for lower income tenants with disabilities for the purpose of making exterior modifications to rental housing in order to make that housing accessible to persons with disabilities. For the purposes of this subparagraph, “exterior modifications” includes modifications that are made to entryways or to common areas of the structure or property. The program provided for under this subparagraph shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code. (C) Ten million dollars ($10,000,000) shall be expended for construction management under the California Self-Help Housing Program pursuant to subdivision (b) of Section 50696. (D) Any funds not encumbered for the purposes set forth in this paragraph within 30 months of availability shall revert for general use in the CalHome Program. (6) Five million dollars ($5,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for capital expenditures in support of local code enforcement and compliance programs. This allocation shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code. If the moneys allocated pursuant to this paragraph are not expended within three years after being transferred, the department may, in its discretion, transfer the moneys to the Housing Rehabilitation Loan Fund to be expended for the Multifamily Housing Program. (7) Two hundred ninety million dollars ($290,000,000) shall be transferred to the Self-Help Housing Fund. Notwithstanding Section 50697.1, these funds are hereby continuously appropriated to the agency to be expended for the purposes of the California Homebuyer’s Downpayment Assistance Program authorized by Chapter 11 (commencing with Section 51500) of Part 3, except for the following: (A) Fifty million dollars ($50,000,000) shall be transferred to the School Facilities Fee Assistance Fund as provided by subdivision (a) of Section 51453 to be used for the Homebuyer Down Payment Assistance Program of 2002 established by Section 51451.5. (B) Eighty-five million dollars ($85,000,000) shall be transferred to the California Housing Loan Insurance Fund to be used for purposes of Part 4 (commencing with Section 51600). The agency may transfer these moneys as often as quarterly in amounts that shall not exceed the dollar amount of new insurance written by the agency during the preceding quarter for loans for the purchase of homes made to owner-occupant borrowers with incomes not exceeding 120 percent of the area median income, divided by the risk-to-capital ratio required for the maintenance of satisfactory credit ratings from nationally recognized credit rating services. (C) (i) Twelve million five hundred thousand dollars ($12,500,000) shall be reserved for downpayment assistance to low-income first-time home buyers who, as documented to the agency by a nonprofit organization certified and funded to provide home ownership counseling by a federally funded national nonprofit corporation, are purchasing a residence in a community revitalization area targeted by the nonprofit organization and who have received home ownership counseling from the nonprofit organization. Community revitalization areas shall be limited to targeted neighborhoods identified by qualified nonprofit organizations as those neighborhoods in need of economic stimulation, renovation, and rehabilitation through efforts that include increased home ownership opportunities for low-income families. (ii) Effective January 1, 2004, 50 percent of the funds available pursuant to clause (i) shall be available for downpayment assistance in an amount not to exceed 6 percent of the home sale price. (iii) After 12 months of availability, if more than 50 percent of the funds set aside pursuant to clause (ii) have been encumbered, the agency shall discontinue that program and make all remaining funds available for downpayment assistance pursuant to clause (i). If, however, less than 50 percent of the funds allocated pursuant to clause (ii) are encumbered after that 12-month period, the agency may, at its sole discretion, either make all remaining funds provided pursuant to clause (i) available for the purpose of clause (ii), or may continue to implement clause (ii) until all of the funds allocated for that purpose as of January 1, 2004, have been encumbered. (D) Twenty-five million dollars ($25,000,000) shall be used for downpayment assistance pursuant to Section 51505. After 18 months of availability, if the agency determines that the funds set aside pursuant to this section will not be utilized for purposes of Section 51505, these funds shall be available for the general use of the agency for the purposes of the California Homebuyer’s Downpayment Assistance Program, but may also continue to be available for the purposes of Section 51505. (E) Funds not used for the purposes set forth in subparagraphs (B) and (C) within 30 months shall revert for general use in the California Homebuyer’s Downpayment Assistance Program. (8) One hundred million dollars ($100,000,000) shall be transferred to the Jobs Housing Improvement Account to be expended as capital grants to local governments for increasing housing pursuant to enabling legislation. If the enabling legislation fails to become law in the 2001–02 Regular Session of the Legislature, the specified allocation for this program shall be void and the funds shall revert for general use in the Multifamily Housing Program as specified in paragraph (1) of subdivision (a). (b) No portion of the moneys allocated pursuant to this section may be expended for project operating costs, except that this section does not preclude expenditures for operating costs from reserves required to be maintained by or on behalf of the project sponsor. (c) The Legislature may, from time to time, amend the provisions of law related to programs to which funds are, or have been, allocated pursuant to this section for the purpose of improving the efficiency and effectiveness of the program, or for the purpose of furthering the goals of the program. (d) The Bureau of State Audits shall conduct periodic audits to ensure that bond proceeds are awarded in a timely fashion and in a manner consistent with this part, and that awardees of bond proceeds are using funds in compliance with applicable provisions of this part. (Amended by Stats. 2022, Ch. 478, Sec. 62. (AB 1936) Effective January 1, 2023. Note: This section was added by Stats. 2002, Ch. 26, and approved in Prop. 46 on Nov. 5, 2002.)
  123. 53534.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 4. Allocation of Housing Bond Revenues [53533 - 53534] ( Chapter 4 added by Stats. 2002, Ch. 26, Sec. 8. )

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    The department must disencumber certain project funding and provide replacement funding for qualifying projects, without requiring a new application.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 11. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2002 [53500 - 53534] ( Part 11 added by Stats. 2002, Ch. 26, Sec. 8. ) ## CHAPTER 4. Allocation of Housing Bond Revenues [53533 - 53534] ( Chapter 4 added by Stats. 2002, Ch. 26, Sec. 8. ) ## 53534. (a) The Legislature finds and declares all of the following: (1) The projected budget deficit for the 2003–04 fiscal year represents the largest fiscal imbalance in California history. This imbalance necessitates drastic actions not ordinarily contemplated in usual budget years. (2) In order to address the budgetary imbalance it is necessary to find and cancel General Fund commitments where possible so as to reduce General Fund obligations. (3) The creation of affordable housing is extraordinarily difficult, necessitating, among other things, the acquisition of suitable sites, the design and engineering of the facility and securing multiple sources of private and public financing. In addition, affordable housing development also frequently encounters difficulties in obtaining local governmental approvals. Because of these difficulties there are typically long lead-times between the commitment of funds through the state’s housing programs and the actual final approval of the project, completion of construction, and disbursement of state funds. Because of the gap in time between the award of state funds and final fund disbursement, there is an opportunity to disencumber fund commitments to ease the state’s present fiscal emergency. (4) While these housing projects present an opportunity to recoup General Fund moneys, the Legislature recognizes that the withdrawal of state funds may mean the cancellation of projects, the loss of affordable housing, and the creation of potential liabilities to the state where costs have been incurred in reliance on the state funding commitment. The need to find revenue sources does not supersede the need for public assistance to facilitate the creation of new housing opportunities particularly for persons and households of low to moderate income. (5) By definition, housing projects that have already received a commitment of state funds are further advanced towards completion than projects that have yet to start the process of seeking or receiving state housing funds. The enactment of this part, therefore, provides an opportunity to meet the multiple goals of relieving existing financial obligations of the General Fund, continuing the state support of worthy projects, and avoiding the potential liabilities where costs have been incurred in reliance on the state’s commitment of funds. The Legislature finds and declares that it is appropriate, where possible, to disencumber General Fund obligations in those areas where the state’s need to recoup General Fund revenues can be balanced by the substitution of other funds through legal mechanism. (6) The Legislature’s ability to modify a general obligation bond program approved by the voters is restricted by the California Constitution and interpretative case law to those situations where the modification is consistent with the underlying purpose of the program and not inconsistent with the express language of the measure placed before the voters. For the purposes of this part and the programs administered by the department thereunder, the Legislature finds and declares that the project selection criteria for many of the existing programs have been modified by the bond measure contained in this part, as approved by the voters. However, the project selection criteria for the Joe Serna, Jr. Farmworker Housing Grant Program (Chapter 3.2 (commencing with Section 50517.5) of Part 2) and the CalHome Program (Chapter 6 (commencing with Section 50650) of Part 2) have been unmodified by this part. Therefore, projects funded through these programs that have previously been determined eligible and have met the selection criteria would similarly be eligible and meet the selection criteria for these programs as funded under this part. (7) If the funding for projects previously funded under the Joe Serna, Jr. Farmworker Housing Grant Program and the CalHome Program were disencumbered, these projects would be eligible to compete for funds under the same programs as funded through this part. However, the time delays and costs associated by the resubmittal of applications would render a hardship to the project sponsors and cause unnecessary delays in project implementation. (8) The use of funds approved by the voters through the enactment of this part to ensure successful completion of projects eligible and fundable through the Joe Serna, Jr. Farmworker Housing Grant Program and the CalHome Program that would otherwise be delayed or lost if the general funding was disencumbered is both necessary and appropriate, and will facilitate the efficient and effective implementation of the projects funded through this part and will further the goals of the respective programs. (b) In order to return moneys appropriated in the Budget Acts of 2000 and 2001 to the General Fund to assist in easing the current fiscal emergency, and to ensure the expeditious completion of projects that have successfully applied for, and were selected for, funding during the 2000–01 and 2001–02 fiscal years through the Joe Serna, Jr. Farmworker Housing Grant Program and CalHome Program, the department shall do both of the following: (1) Disencumber funding commitments for all projects funded through appropriations in the Budget Acts of 2000 and 2001 for which funds have not been disbursed as of the effective date of this section. (2) Provide replacement funding to these projects, subject to the terms and conditions of the prior commitment, through paragraph (4) and paragraph (5), respectively, of subdivision (a) of Section 53533. No additional application shall be required to the affected project sponsors. (c) Because it is the Legislature’s intent to avoid the disruption of existing projects, only those portions of a project’s budget that is eligible for replacement as the construction or acquisition of a capital asset pursuant to the General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) shall be disencumbered. (Added by Stats. 2003, Ch. 228, Sec. 25. Effective August 11, 2003.)
  124. 53540.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 1. General Provisions [53540 - 53541] ( Chapter 1 added by Stats. 2006, Ch. 27, Sec. 2. )

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    This section names the part the Housing and Emergency Shelter Trust Fund Act of 2006 and says it becomes operative only if voters adopt it at the November 7, 2006 statewide general election.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 1. General Provisions [53540 - 53541] ( Chapter 1 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53540. (a) This part shall be known as the Housing and Emergency Shelter Trust Fund Act of 2006. (b) This part shall only become operative upon adoption by the voters at the November 7, 2006, statewide general election. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  125. 53541.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 1. General Provisions [53540 - 53541] ( Chapter 1 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    This section defines “Board,” “Committee,” and “Fund” for this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 1. General Provisions [53540 - 53541] ( Chapter 1 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53541. As used in this part, the following terms have the following meanings: (a) “Board” means the Department of Housing and Community Development for programs administered by the department, and the California Housing Finance Agency for programs administered by the agency. (b) “Committee” means the Housing Finance Committee created pursuant to Section 53524 and continued in existence pursuant to Section 53548. (c) “Fund” means the Housing and Emergency Shelter Trust Fund created pursuant to Section 53545. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  126. 53545.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    Creates the Housing and Emergency Shelter Trust Fund of 2006 and directs how bond proceeds must be allocated among housing accounts and programs.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53545. The Housing and Emergency Shelter Trust Fund of 2006 is hereby created in the State Treasury. The Legislature intends that the proceeds of bonds deposited in the fund shall be used to fund the housing-related programs described in this chapter over the course of the next decade. The proceeds of bonds issued and sold pursuant to this part for the purposes specified in this chapter shall be allocated in the following manner: (a) (1) One billion five hundred million dollars ($1,500,000,000) to be deposited in the Affordable Housing Account, which is hereby created in the fund. Notwithstanding Section 13340 of the Government Code, the money in the account shall be continuously appropriated in accordance with the following schedule: (A) (i) Three hundred forty-five million dollars ($345,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2. The priorities specified in Section 50675.13 shall apply to the expenditure of funds pursuant to this clause. (ii) Fifty million dollars ($50,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended under the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2 for housing meeting the definitions in paragraphs (2) and (3) of subdivision (e) of Section 11139.3 of the Government Code. The department may provide higher per-unit loan limits as necessary to achieve affordable housing costs to the target population. Any funds not encumbered for the purposes of this clause by July 31, 2011, shall revert for general use in the Multifamily Housing Program unless the department determines that funds should revert sooner due to diminished demand. (B) One hundred ninety-five million dollars ($195,000,000) shall be transferred to the Housing Rehabilitation Loan Fund to be expended for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, to be used for supportive housing for individuals and households moving from emergency shelters or transitional housing or those at risk of homelessness. The Department of Housing and Community Development shall provide for higher per-unit loan limits as reasonably necessary to achieve housing costs affordable to those individuals and households. For purposes of this subparagraph, “supportive housing” means housing with no limit on length of stay, that is occupied by the target population, as defined in subdivision (d) of Section 53260, and that is linked to onsite or offsite services that assist the tenant to retain the housing, improve his or her health status, maximize his or her ability to live, and, when possible, work in the community. The criteria for selecting projects shall give priority to: (i) Supportive housing for people with disabilities who would otherwise be at high risk of homelessness where the applications represent collaboration with programs that meet the needs of the person’s disabilities. (ii) Projects that demonstrate funding commitments from local governments for operating subsidies or services funding, or both, for five years or longer. (C) One hundred thirty-five million dollars ($135,000,000) shall be transferred to the fund created by subdivision (b) of Section 50517.5 to be expended for the programs authorized by Chapter 3.2 (commencing with Section 50517.5) of Part 2. The Department of Housing and Community Development shall be deemed an eligible recipient for the purposes of reconstructing and rehabilitating migrant centers operated through the Office of Migrant Services pursuant to Chapter 8.5 (commencing with Section 50710) of Part 2 that are in need of significant repairs or rehabilitation to ensure the health and safety of residents, and shall not be subject to any of the recipient requirements of Chapter 3.2 (commencing with Section 50517.5) of Part 2. To the extent no other funding sources are available, the department may directly expend up to eleven million dollars ($11,000,000) for purposes of reconstructing and rehabilitating migrant centers. (D) Three hundred million dollars ($300,000,000) shall be transferred to the Self-Help Housing Fund created by Section 50697.1. These funds shall be available to the Department of Housing and Community Development, to be expended for the purposes of enabling households to become or remain homeowners pursuant to the CalHome Program authorized by Chapter 6 (commencing with Section 50650) of Part 2, except ten million dollars ($10,000,000) shall be expended for construction management under the California Self-Help Housing Program pursuant to subdivision (b) of Section 50696. (E) Two hundred million dollars ($200,000,000) shall be transferred to the Self-Help Housing Fund created by Section 50697.1. These funds shall be available to the California Housing Finance Agency, to be expended for the purposes of the California Homebuyer’s Downpayment Assistance Program authorized by Chapter 11 (commencing with Section 51500) of Part 3. Up to one hundred million dollars ($100,000,000) of these funds may be expended pursuant to subdivision (b) of Section 51504. (F) One hundred million dollars ($100,000,000) shall be transferred to the Affordable Housing Innovation Fund, which is hereby created in the State Treasury, to be administered by the Department of Housing and Community Development. Funds shall be expended for competitive grants or loans to sponsoring entities that develop, own, lend, or invest in affordable housing and used to create pilot programs to demonstrate innovative, cost-saving approaches to creating or preserving affordable housing. Specific criteria establishing eligibility for and use of the funds shall be established in statute as approved by a 2/3 vote of each house of the Legislature. Any funds not encumbered for the purposes set forth in this subparagraph within 30 months of availability shall revert to the Self-Help Housing Fund created by Section 50697.1 and shall be available for the purposes described in subparagraph (D). (G) One hundred twenty-five million dollars ($125,000,000) shall be transferred to the Building Equity and Growth in Neighborhoods Fund to be used for the Building Equity and Growth in Neighborhoods (BEGIN) Program pursuant to Chapter 14.5 (commencing with Section 50860) of Part 1. Any funds not encumbered for the purposes set forth in this subparagraph by November 17, 2011, shall revert for general use in the CalHome Program unless the department determines that funds should revert sooner due to diminished demand. (H) Fifty million dollars ($50,000,000) shall be transferred to the Emergency Housing and Assistance Fund for both of the following purposes: (i) Distribution of capital development grants under the Emergency Housing and Assistance Program authorized by Chapter 11.5 (commencing with Section 50800) of Part 2 of Division 31. The funds shall be administered by the Department of Housing and Community Development in a manner consistent with the restrictions and authorizations contained in Provision 3 of Item 2240-105-0001 of the Budget Act of 2000, except that any appropriations in that item shall not apply. The competitive system used by the department shall incorporate priorities set by the designated local boards and their input as to the relative merits of submitted applications from within the designated local board’s county in relation to those priorities. In addition, the funding limitations contained in this section shall not apply to the appropriation in that budget item. (ii) The availability of funds for supportive housing purposes specified in subparagraph (B). (2) The Legislature may, from time to time, amend the provisions of law related to programs to which funds are, or have been, allocated pursuant to this subdivision for the purpose of improving the efficiency and effectiveness of the program, or for the purpose of furthering the goals of the program. (3) With the revenues from bond proceeds issued and sold pursuant to this part, the Bureau of State Audits shall conduct periodic audits to ensure that bond proceeds are awarded in a timely fashion and in a manner consistent with the requirements of this section, and that awardees of bond proceeds are using funds in compliance with applicable provisions of this section. The first audit shall be conducted no later than one year from voter approval of this part. (4) In its annual report to the Legislature, the Department of Housing and Community Development shall report how funds that were made available pursuant to this subdivision and allocated in the prior year were expended. The department shall make the report available to the public on its Internet Web site. (b) Eight hundred fifty million dollars ($850,000,000) shall be deposited in the Regional Planning, Housing, and Infill Incentive Account, which is hereby created in the fund. Funds in the account shall be available, upon appropriation by the Legislature, and subject to such other conditions and criteria as the Legislature may provide in statute, for the following purposes: (1) For infill incentive grants for capital outlay related to infill housing development and other related infill development, including, but not limited to, all of the following: (A) No more than two hundred million dollars ($200,000,000) for park creation, development, or rehabilitation to encourage infill development. (B) Water, sewer, or other public infrastructure costs associated with infill development. (C) Transportation improvements related to infill development projects. (D) Traffic mitigation. (2) For brownfield cleanup that promotes infill housing development and other related infill development consistent with regional and local plans. (c) Three hundred million dollars ($300,000,000) to be deposited in the Transit-Oriented Development Account, which is hereby created in the fund, for transfer to the Transit-Oriented Development Implementation Fund, for expenditure, upon appropriation by the Legislature, pursuant to the Transit-Oriented Development Implementation Program authorized by Part 13 (commencing with Section 53560). (d) Two hundred million dollars ($200,000,000) shall be deposited in the Housing Urban-Suburban-and-Rural Parks Account, which is hereby created in the fund. Funds in the account shall be available upon appropriation by the Legislature for housing-related parks grants in urban, suburban, and rural areas, subject to the conditions and criteria that the Legislature may provide in statute. (Amended by Stats. 2014, Ch. 28, Sec. 60. (SB 854) Effective June 20, 2014. Note: This section was added by Stats. 2006, Ch. 27, and approved in Prop. 1C on Nov. 7, 2006.)
  127. 53545.11.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. )

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    This section limits negative action by the department in certain Los Angeles housing waiver cases and requires coordination by housing authorities and management agents when income problems are found.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53545.11. (a) (1) For purposes of the Infill Incentive Grant Program of 2007 established pursuant to Section 53545.13, in the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met: (A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation. (B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility. (2) For purposes of this subdivision, “negative actions” include, but are not limited to, both of the following: (A) Issuing negative points on a current or future application. (B) Imposing a financial penalty. (b) If an agreement between the owner or management agent and the authority or the department restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met: (1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations. (2) The tenant self-certified household income at no more than 30 percent of the area median income. (3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements. (4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit. (5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households. (6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility. (c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development. (2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements. (3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level. (4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income. (d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed. (Added by Stats. 2024, Ch. 491, Sec. 4. (SB 1500) Effective January 1, 2025. Conditionally inoperative on or after July 31, 2025, as prescribed by its own provisions. Conditionally repealed by its own provisions.)
  128. 53545.12.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. )

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    This section defines terms used for the grant program in Section 53545.13, including eligible applicants, qualifying infill areas and projects, urbanized area, urban uses, and capital improvement projects.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53545.12. For the purposes of the grant program established in Section 53545.13, the following definitions apply: (a) “Capital improvement project” means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualified infill project or qualified infill area. Capital improvement projects that may be funded under the grant program established by this act include, but are not limited to, those related to all of the following: (1) The creation, development, or rehabilitation of parks or open space. (2) Water, sewer, or other utility service improvements. (3) Streets and roads, parking structures, or transit linkages and facilities, including, but not limited to, related access plazas or pathways, or bus and transit shelters. (4) Facilities that support pedestrian or bicycle transit. (5) Traffic mitigation. (6) Qualifying infill project or qualifying infill area site preparation or demolition. (7) Sidewalk or streetscape improvements, including, but not limited to, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities. (b) “Department” means the Department of Housing and Community Development. (c) “Eligible applicant” means any of, or any combination of, the following: (1) A nonprofit or for-profit developer of a qualifying infill project. (2) A city, county, city and county, public housing authority, or redevelopment agency that has jurisdiction over a qualifying infill area. (3) (A) A city, county, city and county, public housing authority, or redevelopment agency that has jurisdiction over a qualifying infill area and applies for funding jointly with an “owners’ association,” as defined in Section 36614.5 of the Streets and Highways Code, for a business or property improvement district that includes the qualifying infill area. (B) Prior to receiving funding, but after being awarded a grant, the joint applicants described in subparagraph (A) shall submit to the department documentation from the local permitting authority demonstrating that the actual number of permitted housing units associated with the qualifying project is equal to or greater than the number of housing units in the grant application. (4) The duly constituted governing body of an Indian reservation or rancheria that has jurisdiction over a qualifying infill area or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 that is the developer of a qualifying infill project. (d) “Qualifying infill area” means a contiguous area located within an urbanized area (1) that has been previously developed, or where at least 75 percent of the perimeter of the area adjoins parcels that are developed with urban uses, and (2) in which at least one development application has been approved or is pending approval for a residential or mixed-use residential project that meets the definition and criteria in this section for a qualified infill project. (e) (1) “Qualifying infill project” means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. (2) A property is adjoining the side of a project site if the property is separated from the project site only by an improved public right-of-way. (f) “Urbanized area” means an incorporated city or an urbanized area or urban cluster as defined by the United States Census Bureau. For unincorporated areas outside of an urban area or urban cluster, the area must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water systems. (g) “Urban uses” mean any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (Amended by Stats. 2019, Ch. 660, Sec. 12. (AB 1010) Effective January 1, 2020.)
  129. 53545.13.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. )

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    The department must run the Infill Incentive Grant Program and related competitive grant administration rules, and eligible projects must meet affordability, location, density, and other threshold requirements.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53545.13. (a) The Infill Incentive Grant Program of 2007 is hereby established to be administered by the department. (b) Upon appropriation of funds by the Legislature for the purpose of implementing paragraph (1) of subdivision (b) of Section 53545, the department shall establish and administer a competitive grant program to allocate those funds to selected capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project or a qualifying infill area. The department shall determine amounts, if any, to be made available for qualifying infill projects and for qualifying infill areas. (c) (1) For the funds granted to qualifying infill projects under this section, the department shall do all of the following: (A) Make program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). (B) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this section in addition to those used in the Multifamily Housing Program. (C) Administer funds subject to this section in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). (2) Only applications meeting the threshold requirements of subdivision (c) of this section, subdivision (e) of Section 53545.12, and any additional threshold requirements established by the department, shall be eligible to receive funds as a qualifying infill project pursuant to this section. (d) A qualifying infill project or qualifying infill area for which a capital improvement project grant may be awarded shall meet all of the following conditions: (1) (A) A qualifying infill area shall be located only in a city, county, or city and county, in which the general plan of the city, county, or city and county, has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (B) The requirements of this paragraph shall not apply to the duly constituted governing body of an Indian reservation or rancheria or tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5. (2) Include not less than 15 percent of affordable units, as follows: (A) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria. (B) (i) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which the development seeking grant funding is included. (ii) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced may not be counted toward meeting the affordability threshold required for eligibility for funding under this section. (C) For the purposes of this subdivision, “affordable unit” means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale. (D) A qualifying infill project or qualifying infill area for which a disposition and development agreement or other project- or area-specific agreement between the developer and the local agency having jurisdiction over the project has been executed on or before the effective date of the act adding this section, shall be deemed to meet the affordability requirement of this paragraph if the agreement includes affordability covenants that subject the project or area to the production of affordable units for very low, low-, or moderate-income households. (3) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre. (4) Be located in an area designated for mixed-use or residential development pursuant to one of the following adopted plans: (A) A general plan adopted pursuant to Section 65300 of the Government Code. (B) A regional sustainable communities strategy or alternative planning strategy approved pursuant to Section 65080 of the Government Code. (e) In its review and ranking of applications for the award of capital improvement project grants for qualifying infill areas, the department shall rank the affected qualifying infill areas based on the following priorities: (1) Project readiness, which shall include all of the following: (A) A demonstration that the area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submittal of a grant application. (B) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill area. (C) A demonstration that the area development has sufficient local support to achieve the proposed improvement. (2) The depth and duration of the affordability of the housing proposed for a qualifying infill area. (3) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (3) of subdivision (c). (4) The qualifying infill area’s inclusion of, or proximity or accessibility to, a transit station or major transit stop. (5) The proximity of housing to parks, employment or retail centers, schools, or social services. (6) The qualifying infill area location’s consistency with an adopted sustainable communities strategy, alternative planning strategy, or other adopted regional growth plan intended to foster efficient land use. (f) In allocating funds for qualifying infill areas pursuant to this section, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds. (g) Funds awarded pursuant to this section shall supplement, not supplant, other available funding. (h) (1) The department shall adopt guidelines for the operation of the grant program, including guidelines to ensure the tax-exempt status of the bonds issued pursuant to this part, and may administer the program under those guidelines. (2) The guidelines shall include provisions for the reversion of grant awards that are not encumbered within four years of the fiscal year in which an award was made, and for the recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department. (3) The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. (i) For each fiscal year within the duration of the grant program, the department shall include within the report to the Legislature, required by Section 50408, information on its activities relating to the grant program. The report shall include, but is not limited to, the following information: (1) A summary of the projects that received grants under the program for each fiscal year that grants were awarded. (2) The description, location, and estimated date of completion for each project that received a grant award under the program. (3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program. (j) For notices of funding availability for qualifying infill areas released after July 1, 2021, in awarding funds under the program, the department shall provide additional points or preference to projects located in jurisdictions that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the department pursuant to subdivision (d) of Section 65589.9 of the Government Code. (k) This section shall become operative on January 1, 2022. (Repealed (in Sec. 7) and added by Stats. 2020, Ch. 192, Sec. 8. (AB 434) Effective January 1, 2021. Section operative January 1, 2022, by its own provisions.)
  130. 53545.14.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. )

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    If funds are appropriated, the Authority must administer CALReUSE loans or grants for brownfield cleanup and must report program activity to the Legislature.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53545.14. (a) Upon appropriation of funds by the Legislature for purposes of implementing paragraph (2) of subdivision (b) of Section 53545, the Capital Programs and Climate Financing Authority, in consultation with the Department of Housing and Community Development, shall administer loans or grants under the California Recycle Underutilized Sites (CALReUSE) program established under Article 9 (commencing with Section 8090) of Division 11 of Title 4 of the California Code of Regulations, for the purpose of brownfield cleanup that promotes infill residential and mixed-used development, consistent with regional and local land use plans. (b) For each fiscal year covering the duration of the program, the authority shall include within its report to the Legislature, pursuant to Section 44525.7, information on its activities relating to the program. At a minimum, the report shall include a summary of the projects that receive loans or grants pursuant to this section for each fiscal year loans or grants are awarded. The report shall include the description, location and estimation of completion for each recipient project. The report shall also include an update on the status of each project and the number of infill housing units facilitated by the program. (Amended by Stats. 2025, Ch. 710, Sec. 15. (AB 786) Effective January 1, 2026.)
  131. 53545.15.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. )

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    Funds may be used to liquidate encumbrances until June 30, 2017, and the department must set revised performance-based milestones and review projects for possible time extensions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53545.15. (a) Notwithstanding any other law, funds appropriated for deposit into the Transit-Oriented Development Implementation Fund by Item 2240-101-9736 of the Budget Act of 2007, as reappropriated by Item 2240-492 of the Budget Act of 2010; Item 2240-101-9736 of the Budget Act of 2008, as reappropriated by Section 129 of the Budget Act of 2009, as reappropriated by Item 2240-492 of the Budget Act of 2010; Item 2240-101-9736 of the Budget Act of 2009, as reappropriated by Item 2240-492 of the Budget Act of 2010; and subdivision (b) of Section 1 of Chapter 39 of the Statutes of 2008, as reappropriated by Item 2240-492 of the Budget Act of 2010; shall be made available for liquidation of encumbrances until June 30, 2017, subject to performance-based milestones to be established by the department. (b) The department shall amend the guidelines with revised performance-based milestones to approve disbursement extensions. (c) The department shall evaluate the revised performance-based milestones on a project by project basis to determine which projects should be granted time extensions within the timeframe specified. (Added by Stats. 2013, Ch. 26, Sec. 1. (AB 92) Effective June 27, 2013.)
  132. 53545.9.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    The department must allocate specified amounts from the Affordable Housing Innovation Fund to several housing programs and follow reporting and funding-notice requirements.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 2. Housing and Emergency Shelter Trust Fund of 2006 and Program [53545 - 53545.15] ( Chapter 2 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53545.9. Of the one hundred million dollars ($100,000,000) transferred to the Affordable Housing Innovation Fund established in the State Treasury under subparagraph (F) of paragraph (1) of subdivision (a) of Section 53545, the following amounts shall be allocated as follows: (a) The department shall make available the amount of twenty-five million dollars ($25,000,000) for the Affordable Housing Revolving Development and Acquisition Program established pursuant to Section 50705. (b) (1) The department shall make available the amount of thirty-five million dollars ($35,000,000) for the local housing trust fund matching grant program established under Section 50843.5. The department shall make available 50 percent of this amount exclusively for newly established housing trust funds. (2) Notwithstanding any other law, funds set aside for housing trust funds pursuant to this subdivision shall be continuously available for encumbrance and disbursement to those trust funds, and shall not revert to the Self-Help Housing Fund created by Section 50697.1, or any other fund. (c) The department shall make available the amount of ten million dollars ($10,000,000) for the Innovative Homeownership Program, which the department shall develop and implement as follows: (1) The program shall be designed to increase or maintain affordable homeownership opportunities for Californians with lower incomes. (2) The department shall adopt guidelines for the program that, among other things, shall maximize the number of units assisted, limit the expenditure of funds for administrative costs, and maximize the leverage of public and private financing sources. (3) The guidelines adopted by the department shall provide for the issuance of a notice of funding availability soliciting competitive proposals for the use of funds consistent with those guidelines and with subparagraph (F) of paragraph (1) of subdivision (a) of Section 53545. (4) The guidelines adopted by the department shall not be subject to the requirements of Chapter 6.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (5) The department shall include within the annual report required under Section 50408 a detailed summary and description of the manner in which funds made available under this subdivision were expended during the previous year and a statement regarding the manner in which those expenditures meet the intent of the Legislature and the voters that funds from the Innovative Housing Fund be expended in support of innovative, cost-saving approaches to creating or preserving affordable housing. (d) (1) The amount of thirty million dollars ($30,000,000) is transferred from the Affordable Housing Innovation Fund to a subaccount, which is hereby created, within the Housing Rehabilitation Loan Fund. Notwithstanding Section 13340 of the Government Code, the moneys transferred to the subaccount shall be continuously appropriated to the department for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31. (2) The department shall provide for the issuance of a notice of funding availability soliciting competitive proposals for the use of the funds appropriated in paragraph (1). The notice of funding availability shall provide that the department will consider persons with developmental disabilities, including, but not limited to, those with autism, and homeless veterans as special needs populations for purposes of granting bonus points to developments serving special needs populations. (Amended by Stats. 2013, Ch. 769, Sec. 2. (AB 532) Effective October 12, 2013.)
  133. 53546.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    The section authorizes issuing and selling up to $2.85 billion in bonds, excluding refunding bonds, for the part’s purposes and to reimburse the specified revolving fund.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53546. Bonds in the total amount of two billion eight hundred fifty million dollars ($2,850,000,000), exclusive of refunding bonds, or so much thereof as is necessary, are hereby authorized to be issued and sold for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized which have been duly sold and delivered as provided herein shall constitute valid and legally binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal and interest thereof. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  134. 53547.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    Bonds authorized by this part must be handled under the State General Obligation Bond Law, except for subdivision (a) of Section 16727 if it conflicts with this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53547. The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4), except subdivision (a) of Section 16727 to the extent that it is inconsistent with this part, and all of the other provisions of that law as amended from time to time apply to the bonds and to this part and are hereby incorporated in this part as though set forth in full in this part. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  135. 53548.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    The Housing Finance Committee may adopt program-administration guidelines when needed to protect bond validity and tax exemption, and those guidelines are not general rules or subject to a specified administrative procedure chapter.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53548. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this part, the Housing Finance Committee created pursuant to Section 53524 is continued in existence. For the purposes of this part, the Housing Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. (b) The committee may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application and are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) For the purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated the “board” for programs administered by the department, and the California Housing Finance Agency is the “board” for programs administered by the agency. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  136. 53549.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    On the board’s request, the committee must decide whether bonds should be issued and, if so, how much. Bonds can be issued in successive rounds, and may bear interest subject to federal income tax.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53549. Upon request of the board stating that funds are needed for purposes of this part, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions specified in Section 53545, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and are not required to be sold at any one time. Bonds may bear interest subject to federal income tax. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  137. 53550.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    State revenue officers must collect an additional annual amount, gathered like other state revenue, enough to cover bond principal and interest.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53550. There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds as provided herein, and all officers required by law to perform any duty in regard to the collections of state revenues shall collect that additional sum. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  138. 53551.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    This section appropriates money from the General Fund in the State Treasury for this part, including amounts needed to pay bond principal and interest and to carry out Section 53553.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53551. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. (b) The sum which is necessary to carry out Section 53553, appropriated without regard to fiscal years. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  139. 53552.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    The board may ask for a loan, but the request cannot exceed certain bond-related limits, and the board must sign documents needed to get and repay the loan.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53552. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for purposes of this part. The amount of the request shall not exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of this part, less any amount withdrawn pursuant to Section 53553. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated in accordance with this part. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  140. 53553.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund by executive order, subject to a cap tied to unsold bonds, and the withdrawn money must be deposited in the fund and later returned to the General Fund with interest.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53553. For the purpose of carrying out this part, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying out this part. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds which would otherwise be deposited in that fund. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  141. 53554.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    The bonds may be refunded under the State General Obligation Bond Law, and voter approval of this act also counts as approval of any refunding bonds issued under that law.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53554. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of the State General Obligation Bond Law. Approval by the electors of this act shall constitute approval of any refunding bonds issued pursuant to the State General Obligation Bond Law. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  142. 53555.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    Bonds authorized by this part cannot mature more than 30 years after the date of each series.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53555. Notwithstanding any provisions in the State General Obligation Bond Law, the maximum maturity of any bonds authorized by this part shall not exceed 30 years from the date of each respective series. The maturity of each series shall be calculated from the date of each series. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  143. 53556.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    The Legislature states that bond-sale proceeds under this part are not treated as “proceeds of taxes,” so their disbursement is not subject to Article XIII B limits.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53556. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  144. 53557.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    The Treasurer may manage bond investment proceeds in a separate account and direct their use to comply with federal rebate requirements and preserve tax-exempt status.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53557. Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this part that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, the Treasurer may maintain a separate account for investment earnings, order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  145. 53558.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. )

    Verify source ↗

    Money from bond premiums and accrued interest must be transferred to the General Fund and credited to bond-interest expenditures.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12. HOUSING AND EMERGENCY SHELTER TRUST FUND ACT OF 2006 [53540 - 53558] ( Part 12 added by Stats. 2006, Ch. 27, Sec. 2. ) ## CHAPTER 3. Fiscal Provisions [53546 - 53558] ( Chapter 3 added by Stats. 2006, Ch. 27, Sec. 2. ) ## 53558. All money derived from premium and accrued interest on bonds sold pursuant to this chapter shall be transferred to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2006, Ch. 27, Sec. 2. Approved in Proposition 1C at the November 7, 2006, election.)
  146. 53559.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. )

    Verify source ↗

    This section creates the Infill Infrastructure Grant Program of 2019, run by the department, to fund capital improvement projects tied to qualifying infill housing projects and areas.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. ) ## 53559. (a) The Infill Infrastructure Grant Program of 2019 is hereby established to be administered by the department. (b) Upon appropriation by the Legislature of funds for purposes of this part, the department shall establish and administer a grant program to allocate those funds to selected capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project, qualifying infill area, or catalytic qualifying infill area pursuant to the requirements of this section. The department shall determine amounts, if any, to be made available for qualifying infill projects, qualifying infill areas, or catalytic qualifying infill areas. (c) (1) Except for funds appropriated or set aside for small jurisdictions for grants pursuant to subdivision (e), the department shall administer a competitive application process for capital improvement projects for large jurisdictions pursuant to this subdivision. (2) Except for grants for qualifying infill areas or catalytic qualifying infill areas, the department shall do all of the following for grants made pursuant to this subdivision: (A) Make program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). (B) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this part in addition to those used in the Multifamily Housing Program. (C) Administer funds in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). (D) For purposes of awarding grants pursuant to the competitive application process required by this subdivision, “qualifying infill project” means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. (d) (1) In its review and ranking of applications for the award of capital improvement project grants, the department shall rank the affected qualifying infill areas based on the following priorities: (A) Project readiness, which shall include all of the following: (i) A demonstration that the area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application. (ii) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill area. (B) The depth and duration of the affordability of the housing proposed for a qualifying infill area. (C) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (3) of subdivision (g). (D) The qualifying infill area’s inclusion of, or proximity or accessibility to, a transit station or major transit stop. (E) The proximity of housing to parks, employment or retail centers, schools, or social services. (F) The qualifying infill area location’s consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65450 of the Government Code, or other adopted regional growth plan intended to foster efficient land use. (G) For qualifying infill areas, in awarding funds under the program, the department shall provide additional points or preference to projects located in jurisdictions that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the department pursuant to subdivision (d) of Section 65589.9 of the Government Code. (2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds. (3) For purposes of awarding grants pursuant to the competitive application process required by this subdivision or subparagraph (B) of paragraph (2) of subdivision (c), “qualifying infill area” means a contiguous area located within an urbanized area (i) that has been previously developed, or where at least 75 percent of the perimeter of the area adjoins parcels that are developed with urban uses, and (ii) in which at least one development application has been approved or is pending approval for a residential or mixed-use residential project that meets the definition and criteria in this section for a qualifying infill project. (e) (1) The department shall administer an over-the-counter application process for grants funded by the allocation specified in the appropriation or paragraph (2) of subdivision (a) of Section 53559.2 for capital improvement projects for small jurisdictions, pursuant to this subdivision. (2) Eligible applicants shall submit the following information in the application request for funding: (A) A complete description of the qualifying infill project or qualifying infill area and documentation of how the infill project or infill area meets the requirements of this section. (B) A complete description of the capital improvement project and requested grant funding for the project, how the project is necessary to support the development of housing, and how it meets the criteria of this section. (C) Documentation that specifies how the application meets all of the requirements of subdivision (g). (D) (i) Except as provided in clause (ii), a financial document that shows the gap financing needed for the project. (ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in clause (i) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project. (E) (i) Except as provided by clause (ii), documentation of all necessary entitlement and permits, and a certification from the applicant that the project is shovel-ready. (ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in clause (i) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded. (3) The department may establish a per-unit formula to determine the amount of funds awarded pursuant to this subdivision. (4) For purposes of awarding grants pursuant to the over-the-counter application process required by this subdivision: (A) “Qualifying infill area” means a contiguous area located within an urbanized area that meets either of the following criteria: (i) The area contains sites included on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code, and at least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses. (ii) The capital improvement project for which funding is requested is necessary, as documented by an environmental review or some other adopted planning document, to make the area suitable and available for residential development, or to allow the area to accommodate housing for additional income levels, and the area otherwise meets the requirements for inclusion on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code. At least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses. (B) “Qualifying infill project” means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 50 percent of the perimeter of the site adjoins parcels that are developed with urban uses. (f) (1) For catalytic qualifying infill areas, grants for small jurisdictions and large jurisdictions shall be provided using a selection process established by the department that meets all of the following requirements: (A) Applicants shall meet both of the following minimum threshold requirements: (i) Readiness, which includes both of the following: (I) A demonstration that the catalytic qualifying infill area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application. (II) A demonstration that the eligible applicant has a viable plan to secure sufficient funding, derived from sources other than this part for the timely development of housing within a catalytic qualifying infill area. (ii) A demonstration of the catalytic qualifying infill area location’s consistency with an adopted sustainable communities strategy or alternative planning strategy pursuant to Section 65080 of the Government Code. (B) The department shall, at a minimum, rank the affected catalytic qualifying infill areas applications for small jurisdictions and large jurisdictions based on the following: (i) The number of housing units, including affordable units as required in paragraph (2) of subdivision (g) to be developed within the catalytic qualifying infill area. (ii) The depth and duration of the affordability of the housing proposed for within the catalytic qualifying infill area. (iii) The extent to which the average residential densities on the parcel or parcels to be developed exceeds the density standards contained in paragraph (3) of subdivision (g). (iv) The catalytic qualifying infill area’s inclusion of, or proximity or accessibility to, a transit station, major transit stop, or other areas yielding significant reductions in vehicle miles traveled. (v) The proximity of planned housing within the catalytic qualifying infill area used in the calculation of the eligible grant amount to existing or planned parks, employment or retail centers, schools, or social services. (vi) Existing or planned ordinances and other zoning or building provisions that facilitate adaptive reuse, including, but not limited to, demonstration that, if the existing commercial, office, or retail structure intended for reuse as housing does not occupy the entirety of the underlying parcel, the adaptive reuse project will be permitted to add to the existing building or structure provided that the addition is consistent with the existing or planned zoning of the parcel. (vii) The extent to which local strategies or programs are in place to prevent the direct or indirect displacement of local community residents and businesses from the area within and surrounding the catalytic qualifying infill area. (viii) The level of community outreach and engagement in project planning, including efforts to involve disadvantaged communities and low-income residents, particularly local community residents and businesses from the area within and surrounding the catalytic qualifying infill area. (ix) Inclusion of any publicly owned lands within the designated catalytic qualifying infill area. (x) Streamlining provisions related to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, establishment of streamlined, program-level California Environmental Quality Act analysis and certification of general plans, community plans, specific plans with accompanying environmental impact reports, and related documents and streamlining proposed projects, such as enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law. (C) Eligible applicants shall submit the following information in the application request for funding: (i) A complete description of the catalytic qualifying infill area and documentation of how the catalytic qualifying infill area meets the requirements of this section. (ii) A complete description of the capital improvement project and requested grant funding, how the capital improvement project is necessary to support the development of housing, and how it meets the criteria of this section. (iii) Documentation that specifies how the application meets all of the requirements of subdivision (g). (iv) (I) Except as provided in subclause (II), a financial document that shows the gap financing needed for the project. (II) For a qualifying infill project within a catalytic qualifying infill area located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in subclause (I) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project. (v) (I) Except as provided by subclause (II), documentation of all necessary entitlement and permits, and a certification from the applicant that the capital improvement project is shovel-ready. (II) For a qualifying infill project within a catalytic qualifying infill area located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in subclause (I) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded. (2) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable distribution of funds, including consideration of differing population sizes of localities and geographic location. Applications shall be considered and ranked against applications of localities of similar size and scope. For the purposes of this paragraph, the population of a county shall be the population in the unincorporated area. (3) The department shall report the following information in its annual report due in 2024, as required by Section 50408: (A) Specific uses of the funds for capital improvement projects. (B) Locations of awarded catalytic qualifying infill area grants, including both of the following: (i) Number of awards by geography, including urban and rural. (ii) The types of buildings adapted to residential use. (C) Total units to be created within the awarded qualifying infill areas, including anticipated affordability levels. (D) Data on catalytic qualifying infill area projects funded, such as project sizes, adaptive reuse ordinances adopted, and by-right sites. (g) A qualifying infill project, qualifying infill area, or catalytic qualifying infill area for which a capital improvement project grant may be awarded pursuant to paragraph (2) of subdivision (c), subdivision (d), subdivision (e), or subdivision (f) shall meet all of the following conditions: (1) A qualifying infill area or catalytic qualifying infill area shall be located in a city, county, or city and county in which the general plan of the city, county, or city and county has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This paragraph does not apply to a qualifying infill project. (2) Include not less than 15 percent of affordable units, as follows: (A) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria. (B) (i) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which the development seeking grant funding is included. (ii) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced shall not be counted toward meeting the affordability threshold required for eligibility for funding under this section. (C) For the purposes of this subdivision, “affordable unit” means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and shall be subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale. (3) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre. (4) Be located in an area designated for mixed-use or residential development pursuant to one of the following: (A) A general plan adopted pursuant to Section 65300 of the Government Code. (B) A sustainable communities strategy adopted pursuant to Section 65080 of the Government Code. (C) A specific plan adopted pursuant to Section 65450 of the Government Code. (D) A Workforce Housing Opportunity Zone established pursuant to Section 65620 of the Government Code. (E) A housing sustainability district established pursuant to Section 66201 of the Government Code. (h) Funds awarded pursuant to this section shall supplement, not supplant, other available funding. (i) The department shall adopt guidelines for the operation of the grant program. The guidelines shall include performance standards and authorize the reversion of grant awards if the awardee has not substantially met the performance standards. (1) Performance standards shall include timelines for commencement of construction of a capital improvement project, completion of a capital improvement project, and commencement and completion of associated housing development on an identified infill site, as identified in the qualifying infill project, qualifying infill area, or catalytic qualifying infill area application. (2) Catalytic qualifying infill area awards may be conditioned upon the local jurisdiction completing any actions to expedite housing development rezoning to accommodate density, completing environmental reviews to support ministerial approvals of housing, and granting fee waivers or other incentives to expedite housing development that were used in qualifying for an award. (j) The department shall require recipients of funds to report on progress of capital improvement projects, including, but not limited to, substantiation of grant expenditures and housing outcomes, including levels of affordability as provided in the application. (k) The guidelines may also provide for recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department. The guidelines 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. (l) For each fiscal year within the duration of the grant program, the department shall include within the report to the Governor and the Legislature, required by Section 50408, information on its activities relating to the grant program activities related to qualifying infill projects and qualifying infill areas, including small jurisdiction funding activities. The report shall include, but is not limited to, the following information: (1) A summary of the projects that received grants under the program for each fiscal year that grants were awarded. (2) The description, location, and estimated date of completion for each project that received a grant award under the program. (3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program. (m) Notwithstanding paragraph (3) of subdivision (g), a city with a population greater than 100,000 in a standard metropolitan statistical area or a population of less than 2,000,000 may petition the department for, and the department may grant, an exception to the jurisdiction’s classification pursuant to subdivisions (d) to (f), inclusive, of Section 65583.2 of the Government Code, if the city believes it is unable to meet the density requirements specified in paragraph (3) of subdivision (g). The city shall submit the petition with its application and shall include the reasons why the city believes the exception is warranted. The city shall provide information supporting the need for the exception, including, but not limited to, any limitations that the city may encounter in meeting the density requirements specified in paragraph (3) of subdivision (g). Any exception shall be for the purposes of this section only. This subdivision shall become inoperative on January 1, 2026. (Amended by Stats. 2023, Ch. 777, Sec. 2.5. (SB 341) Effective January 1, 2024.)
  147. 53559.1.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. )

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    This section defines key terms used in the Infill Infrastructure Grant Program of 2019.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. ) ## 53559.1. For the purposes of this part, the following definitions apply: (a) “Adaptive reuse” means the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. When referring to building structures, adaptive reuse means retrofitting and repurposing of existing buildings that create new residential rental units, and expressly excludes a project that involves rehabilitation of any construction affecting existing residential units that are, or have been, recently occupied. (b) “Capital improvement project” means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area. Capital improvement projects that may be funded under the grant program established by this part include, but are not limited to, those related to the following: (1) The creation, development, or rehabilitation of parks or open space. (2) Water, sewer, or other utility service improvements. (3) Streets, roads, or transit linkages or facilities, including, but not limited to, related access plazas or pathways, bus or transit shelters, or facilities that support pedestrian or bicycle transit. (4) Facilities that support pedestrian or bicycle transit. (5) Traffic mitigation. (6) Sidewalk or streetscape improvements, including, but not limited to, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities. (7) Adaptive reuse. (8) Site preparation or demolition related to the capital improvement project or planned housing development used in calculating the eligible grant amount. (c) “Catalytic qualifying infill area” means a contiguous area or multiple noncontiguous parcels located within an urbanized area that meet all of the following requirements: (1) The contiguous area or noncontiguous parcels have been previously developed, or at least 75 percent of the perimeter of each parcel or area adjoins parcels that are developed or have been previously developed with urban uses, provided that, for small jurisdiction applicants, the perimeter requirements in clause (i) of subparagraph (A) of paragraph (4) of subdivision (e) of Section 53559 shall apply. For purposes of this paragraph, perimeters bordering navigable bodies of water and improved parks shall not be included. (2) No parcel within or adjoining the area is classified as agricultural or natural and working lands. (3) The area or areas constitute a large catalytic investment in land that will accommodate a mix of uses, including affordable or mixed-income housing. (d) (1) “Disadvantaged communities” means any of the following: (A) Concentrated areas of poverty. (B) Areas of high segregation and poverty and areas of low to moderate access to opportunity, as identified in opportunity area maps developed by the department and the California Tax Credit Allocation Committee. (C) Communities of concern, disadvantaged communities identified pursuant to Section 39711, and low-income communities as defined in subdivision (d) of Section 39713. (D) Areas of high housing cost burdens. (E) Areas with high vulnerability of displacement; areas related to tribal entities. (F) Any other areas experiencing disproportionate impacts of California’s housing and climate crisis. (2) Applicants may propose alternative definitions to disadvantaged communities in consultation with the department. (e) “Eligible applicant” means any of the following: (1) A nonprofit or for-profit developer of a qualifying infill project. (2) A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area or catalytic qualifying infill area. A metropolitan planning organization may participate as a coapplicant. (3) The duly constituted governing body of an Indian reservation or rancheria that has jurisdiction over a qualifying infill area or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5 that is the developer of a qualifying infill project. (A) A tribal entity may apply as a small jurisdiction or large jurisdiction, but may only apply as one or the other for any single qualifying infill project or qualifying infill area. (B) The department may modify or waive requirements of this division consistent with the intent of paragraphs (1) and (2) of subdivision (p) of Section 50406 to allow tribal entities to access funding. (f) “Locality” means a city, county, or city and county where a county means the unincorporated areas of that county. (g) “Small jurisdiction” means a county with a population of less than 250,000 as of January 1, 2019, or any city within that county. (h) “Large jurisdiction” means a county that is not a small jurisdiction, or any city within that county. (i) “Urbanized area” means an incorporated city. For sites in unincorporated areas, the site must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water. (j) “Urban uses” means any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (Amended by Stats. 2022, Ch. 570, Sec. 13. (AB 157) Effective September 27, 2022.)
  148. 53559.2.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. )

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    The department may spend up to $500 million for the Infill Infrastructure Grant Program of 2019, with specified amounts allocated to two grant categories and 5% reserved for administration.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. ) ## 53559.2. (a) For funding appropriated by the Legislature in the Budget Act of 2019, the department may expend the sum of five hundred million dollars ($500,000,000) for the Infill Infrastructure Grant Program of 2019, as follows: (1) Four hundred ten million dollars ($410,000,000) shall be allocated to fund grants pursuant to subdivision (c) of Section 53559. (2) Ninety million dollars ($90,000,000) shall be allocated to fund grants pursuant subdivision (d) of Section 53559. (b) Of the amount appropriated in subdivision (a), 5 percent of the funds shall be set aside for program administration, including state operations expenditures and technical assistance. (Added by renumbering Section 53599.2 by Stats. 2022, Ch. 70, Sec. 47. (SB 197) Effective June 30, 2022.)
  149. 53559.3.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. )

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    If the Legislature appropriates money, the department may spend up to $250 million for the 2019 Infill Infrastructure Grant Program.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. ) ## 53559.3. (a) Upon appropriation by the Legislature, the department may expend the sum of two hundred fifty million dollars ($250,000,000) for the Infill Infrastructure Grant Program of 2019, as follows: (1) One hundred sixty million dollars ($160,000,000) shall be allocated to fund grants pursuant to subdivision (c) of Section 53559. (2) Ninety million dollars ($90,000,000) shall be allocated to fund grants pursuant subdivision (d) of Section 53559. (b) Of the amount appropriated in subdivision (a), up to 5 percent of the funds shall be set aside for program administration, including state operations expenditures and technical assistance. (Added by Stats. 2021, Ch. 111, Sec. 25. (AB 140) Effective July 19, 2021.)
  150. 53559.4.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. )

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    In Los Angeles, this section limits negative action against an owner or management agent in specified subsidized-housing waiver cases, sets conditions for deeming a tenant income-eligible, and requires some income verification and coordination steps.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. ) ## 53559.4. (a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met: (A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation. (B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility. (2) For purposes of this subdivision, “negative actions” include, but are not limited to, both of the following: (A) Issuing negative points on a current or future application. (B) Imposing a financial penalty. (b) If an agreement between the owner or management agent and the authority or the department restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met: (1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations. (2) The tenant self-certified household income at no more than 30 percent of the area median income. (3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements. (4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit. (5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households. (6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility. (c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development. (2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements. (3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level. (4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income. (d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed. (Added by Stats. 2024, Ch. 491, Sec. 5. (SB 1500) Effective January 1, 2025. Conditionally inoperative on or after July 31, 2025, as prescribed by its own provisions. Conditionally repealed by its own provisions.)
  151. 53559.5.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. )

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    The department must designate set-aside grant funding in a funding notice, unless an appropriation says otherwise, and may set aside up to 5% of the funds for program administration.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 12.5. Infill Infrastructure Grant Program of 2019 [53559 - 53559.5] ( Part 12.5 added by Stats. 2019, Ch. 159, Sec. 20. ) ## 53559.5. (a) Unless otherwise specified in an appropriation, a notice of funding availability issued by the department shall designate funding set aside for grants pursuant to subdivision (d) of Section 53559. (b) Of the amount of any appropriation provided for the purposes of this part, up to 5 percent of the funds shall be set aside for program administration, including state operations expenditures and technical assistance. (Added by Stats. 2022, Ch. 70, Sec. 46. (SB 197) Effective June 30, 2022.)
  152. 53560.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. )

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    This section creates the Transit-Oriented Development Implementation Program and assigns its administration to the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. ) ## 53560. (a) There is hereby established the Transit-Oriented Development Implementation Program, to be administered by the Department of Housing and Community Development, to provide local assistance to cities, counties, cities and counties, transit agencies, eligible tribal applicants as defined in subdivision (b) of Section 50651, and developers for the purpose of supporting the development of higher density vehicle miles traveled-efficient affordable housing or related infrastructure, including projects within close proximity to transit stations or projects that could increase public transit ridership. (b) The department may adopt additional guidelines to administer this part. Guidelines adopted pursuant to this subdivision shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Title 2 of the Government Code. (c) The guidelines in subdivision (b) shall emphasize the importance of long-term affordability. Prioritization among affordable housing projects shall be based on all of the following: (1) Affordability, with highest priority given to projects that include a greater percentage of units restricted to lower income households, as defined in Section 50079.5. (2) Affordable housing projects that result in improved vehicle miles traveled efficiency with committed state or federal funding in need of gap funding to begin construction. (3) Affordable housing projects that demonstrate project readiness, as determined by the department. (d) The guidelines in subdivision (b) may evaluate how publicly owned land, including state and local surplus properties, can be prioritized or leveraged to support affordable housing or related infrastructure projects eligible for funding pursuant to this section, with the goal of maximizing public benefit and reducing overall development costs. (Amended by Stats. 2025, Ch. 22, Sec. 54. (AB 130) Effective June 30, 2025.)
  153. 53561.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. )

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    The Transit-Oriented Development Implementation Fund is created in the State Treasury, and certain investment earnings and specified moneys are paid into it.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. ) ## 53561. (a) There is hereby created in the State Treasury the Transit-Oriented Development Implementation Fund. (b) All interest, dividends, and pecuniary gains from investments or deposits of moneys in the fund shall accrue to the fund, notwithstanding Section 16305.7 of the Government Code. There shall be paid into the fund both of the following: (1) Any moneys appropriated and made available by the Legislature for the purposes of the fund. (2) Any other moneys that may be made available to the department for the purposes of this part from any other source. (Amended by Stats. 2018, Ch. 37, Sec. 42. (AB 1817) Effective June 27, 2018.)
  154. 53562.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. )

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    The department may award grants or loans for transit-oriented affordable housing projects, but only when funds are available and applicants meet the stated threshold and affordability requirements.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. ) ## 53562. (a) To the extent that funds are available, the department may make grants to cities, counties, cities and counties, eligible tribal applicants as defined in subdivision (b) of Section 50651, or transit agencies for the provision of infrastructure necessary for the development of higher density vehicle miles traveled-efficient affordable housing or related infrastructure project. Any award of program funds as a grant shall be made pursuant to (1) the priority order set forth in paragraph (1) of subdivision (c) of Section 21080.44 of the Public Resources Code and (2) considerations, including, but not limited to, the discretionary considerations set forth in paragraph (2) of subdivision (c) of Section 21080.44 of the Public Resources Code. Any award may be made either through a competitive or over-the-counter basis. (b) To the extent that funds are available, the department may make repayable loans or forgivable loans for the development and construction of vehicle miles traveled-efficient affordable housing. Any award of repayable loans or forgivable loans shall be made pursuant to (1) the priority order set forth in paragraph (1) of subdivision (c) of Section 21080.44 of the Public Resources Code and (2) considerations, including, but not limited to, the discretionary considerations set forth in paragraph (2) of subdivision (c) of Section 21080.44 of the Public Resources Code. (c) For vehicle miles traveled-efficient affordable housing projects, to be eligible for a grant pursuant to subdivision (a) or a repayable loan or forgivable loan pursuant to subdivision (b), the housing development project shall meet all of the following: (1) At least 20 percent of the units in the proposed development shall be made available at an affordable rent or at an affordable housing cost to persons of very low or low income for at least 55 years. The project shall be subject to an affordability requirement under which not less than 20 percent of the total units shall be restricted to lower income households, as defined in Section 50079.5, for a period of not less than 55 years. If the project is subject to any other public funding, regulatory agreement, or financial assistance that imposes an affordability requirement that exceeds 20 percent of the total units, then the project shall comply with the requirements associated with that funding source. (2) A housing development project may include a mixed-use development consisting of residential and nonresidential uses. (3) Meet minimum density requirements, as established by the department. (4) If applicable, demonstrate consistency with the applicable region’s sustainable communities strategy adopted pursuant to Section 65080 of the Government Code or alternative planning strategy pursuant to Section 65080 of the Government Code. (5) Meet any other threshold requirement established by the department. (d) With respect to grants made pursuant to subdivision (a) or repayable loans or forgivable loans pursuant to subdivision (b) for the development of rental housing, the department may do any or a combination of the following: (1) Make program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). (2) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this subdivision in addition to those used in the Multifamily Housing Program. (3) Administer funds in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). However, in furtherance of the purposes of the Transit-Oriented Development Implementation Program, the department may alternatively accept applications on an over-the-counter basis and confirm compliance with threshold requirements in order to make awards of Transit-Oriented Development Implementation Program funds. (e) (1) With respect to loans for the development of owner-occupied housing, the department shall do all of the following: (A) Make funds available at the same time it makes funds, if any, available under the CalHome Program (Chapter 6 (commencing with Section 50650) of Part 2). (B) Rate and rank applications in a manner consistent with the CalHome Program (Chapter 6 (commencing with Section 50650) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this subdivision in addition to those used in the CalHome Program. (C) Administer funds in a manner consistent with the CalHome Program (Chapter 6 (commencing with Section 50650) of Part 2). (2) Notwithstanding paragraph (1), for the purposes of the program established pursuant to Section 21080.44 of the Public Resources Code, the department shall ensure that administration of the CalHome Program (Chapter 6 (commencing with Section 50650) of Part 2) aligns with the affordability objectives, eligible uses, availability of grants or loans, and timing requirements of the Transit-Oriented Development Implementation Program. (f) With respect to any moneys appropriated or allocated for the purposes of this part, the department shall determine the amounts, if any, to be made available for each of the purposes described in subdivisions (a) to (e), inclusive. (g) Only applications meeting the applicable threshold requirements of subdivisions (a) to (e), inclusive, shall be eligible to receive funds pursuant to this part. (h) As used in this part, “infrastructure” may include any or a combination of paragraphs (1) to (3), inclusive. (1) Capital improvements required by a city, county, city and county, eligible tribal applicant as defined in subdivision (b) of Section 50651, transit agency, or special district as a condition for the development of the affordable housing, including but not limited to, sewer or water system upgrades, streets, construction of drainage basins, utility access, connection or relocation, and noise mitigation. (2) Capital improvements that clearly and substantially enhance public pedestrian or bicycle access from one or more specifically identified housing developments within the areas identified in paragraph (1) of subdivision (c) of Section 21080.44 of the Public Resources Code, including, but not limited to, pedestrian walkways, plazas, or mini-parks, signal lights, streetscape improvements, security enhancements, bicycle lanes, intelligent transportation, and information systems. (3) Capital improvements for the construction, rehabilitation, as defined in Section 50096, including improvements and repairs made to a residential structure acquired for the purpose of preserving its affordability, acquisition, or other physical improvement that is an integral part or necessary to facilitate the development of the housing development. (Amended by Stats. 2025, Ch. 22, Sec. 55. (AB 130) Effective June 30, 2025.)
  155. 53564.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. )

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    The department may use up to 5% of the funds for this part to pay its costs of administering the programs, and it may administer the programs under guidelines not subject to Chapter 3.5 of the Government Code.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. ) ## 53564. (a) The department may use up to 5 percent of the funds appropriated for the purposes of this part for its costs in administering the programs authorized by this part. (b) The department may administer the programs pursuant to guidelines that shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. (Added by Stats. 2006, Ch. 27, Sec. 3. Effective May 17, 2006.)
  156. 53565.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. )

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    Certain appropriated funds must remain available for liquidation of encumbrances until June 30, 2017, and the department must revise guidelines and review project milestones for disbursement extensions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. ) ## 53565. (a) Notwithstanding any other law, funds appropriated for deposit into the Regional Planning, Housing, and Infill Incentive Account in the Housing and Emergency Shelter Trust Fund of 2006 by Item 2240-101-6069 of the Budget Act of 2007, as reappropriated by Item 2240-492 of the Budget Act of 2010; Item 2240-101-6069 of the Budget Act of 2008, as reappropriated by Section 129 of the Budget Act of 2009, as reappropriated by Item 2240-492 of the Budget Act of 2010; Item 2240-101-6069 of the Budget Act of 2009, as reappropriated by Item 2240-492 of the Budget Act of 2010; and subdivision (a) of Section 1 of Chapter 39 of the Statutes of 2008, as reappropriated by Item 2240-492 of the Budget Act of 2010; shall be made available for liquidation of encumbrances until June 30, 2017, subject to performance-based milestones to be established by the department. (b) The department shall amend the guidelines with revised performance-based milestones to approve disbursement extensions. (c) The department shall evaluate the revised performance-based milestones on a project by project basis to determine which projects should be granted time extensions within the timeframe specified. (Added by Stats. 2013, Ch. 26, Sec. 2. (AB 92) Effective June 27, 2013.)
  157. 53566.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. )

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    The department must deposit loan repayments into specified funds, may set aside up to 1.5% of appropriated funds for a default reserve, may use that reserve for certain housing-related purposes, and has sole discretion over payments or advances from those funds.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. ) ## 53566. (a) For any loans issued pursuant to this part, both of the following shall apply: (1) Loan terms for rental housing shall be consistent with Section 50675.6 and any other requirements concerning loan terms in the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). (2) Loan terms for owner-occupied housing shall be consistent with requirements concerning loan terms in the CalHome Program (Chapter 6 (commencing with Section 50650) of Part 2). (b) All moneys received by the department in repayment of loans made pursuant to this part, including interest and payments in advance in lieu of future interest, shall be deposited in the Housing Rehabilitation Loan Fund established by Section 50661, and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department for the purposes of the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except as otherwise provided in this section. (c) The department may designate an amount not to exceed 1.5 percent of funds appropriated for use pursuant to this section for the purposes of curing or averting a default on the terms of any loan or other obligation by the recipient of financial assistance, or bidding at any foreclosure sale where the default or foreclosure sale would jeopardize the department’s security in the rental housing development assisted pursuant to this part. The funds so designated shall be known as the “default reserve.” (d) The department may use default reserve funds made available pursuant to this section to repair or maintain any rental housing development assisted pursuant to this part that was acquired to protect the department’s security interest. (e) The payment or advance of funds by the department pursuant to this section shall be exclusively within the department’s discretion, and no person shall be deemed to have any entitlement to the payment or advance of those funds. The amount of any funds expended by the department for the purposes of curing or averting a default shall be added to the loan amount secured by the rental housing development and shall be payable to the department upon demand. (f) All moneys set aside for the default reserve by the department pursuant to this section shall be deposited in the Transit-Oriented Development Implementation Fund established by Section 53561, and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department for the purposes of the default reserve set forth above in this section. (g) This section shall become operative on January 1, 2022. (Repealed (in Sec. 15) and added by Stats. 2020, Ch. 192, Sec. 16. (AB 434) Effective January 1, 2021. Section operative January 1, 2022, by its own provisions.)
  158. 53567.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. )

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    This section limits negative action by the department against certain owners or management agents in Los Angeles when an unhoused tenant later fails income checks, if listed cure, posting, and verification conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. ) ## 53567. (a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met: (A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation. (B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility. (2) For purposes of this subdivision, “negative actions” include, but are not limited to, both of the following: (A) Issuing negative points on a current or future application. (B) Imposing a financial penalty. (b) If an agreement between the owner or management agent and the authority or the department restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met: (1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations. (2) The tenant self-certified household income at no more than 30 percent of the area median income. (3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements. (4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit. (5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households. (6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility. (c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development. (2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements. (3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level. (4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income. (d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed. (Added by Stats. 2024, Ch. 491, Sec. 6. (SB 1500) Effective January 1, 2025. Conditionally inoperative on or after July 31, 2025, as prescribed by its own provisions. Conditionally repealed by its own provisions.)
  159. 53568.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. )

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    The Office of Land Use and Climate Innovation must, if appropriations are available and with the Regents’ agreement, contract with the University of California to evaluate TOD Program mitigation measures, and must submit a report to the Legislature by July 1, 2031.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 13. TRANSIT-ORIENTED DEVELOPMENT IMPLEMENTATION PROGRAM [53560 - 53568] ( Part 13 added by Stats. 2006, Ch. 27, Sec. 3. ) ## 53568. (a) The Office of Land Use and Climate Innovation shall, subject to appropriation, and, with the agreement of the Regents of the University of California, contract with the University of California to conduct an evaluation of the mitigation measures used by projects participating in the TOD Implementation Program to reduce vehicle miles traveled. The evaluation shall summarize the different categories of mitigation measures utilized across regions, the types of projects implementing those measures, the estimated annual vehicle miles traveled reductions achieved, total costs to construct or implement the mitigation measures, project-level funding contributions, cost per vehicle miles traveled reduced, and per capita vehicle miles traveled reduction. (b) The evaluation shall also assess how the mitigation measures used under the Transit-Oriented Development Implementation Program complement other vehicle miles traveled mitigation options and strategies. (c) The Office of Land Use and Climate Innovation shall complete this evaluation and submit, in compliance with Section 9795 of the Government Code, a report to the Legislature on or before July 1, 2031. (Added by Stats. 2025, Ch. 22, Sec. 56. (AB 130) Effective June 30, 2025.)
  160. 53570.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. )

    Verify source ↗

    This section says the part may be cited as the Teacher Housing Act of 2016.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. ) ## 53570. This part may be cited as the Teacher Housing Act of 2016. (Added by Stats. 2016, Ch. 732, Sec. 2. (SB 1413) Effective January 1, 2017.)
  161. 53571.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. )

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    Programs under this part must be limited to teachers, school district employees, and nonprofit organization employees, with a right of first refusal for those groups to occupy the housing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. ) ## 53571. (a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers, school district employees, and nonprofit organization employees to allow teachers, school district employees, and nonprofit organization employees to access and maintain housing stability. (b) A program established under this part shall be restricted to teachers, school district employees, and nonprofit organization employees, except that a school district may allow local public employees or other members of the public to occupy housing created through this part, subject to applicable laws and regulations. (c) A school district shall retain the right to prioritize school district employees over local public employees or other members of the public to occupy housing. (d) A program established under this part shall provide teachers, school district employees, and nonprofit organization employees with a right of first refusal to occupy housing acquired, constructed, rehabilitated, or preserved under this part. Teachers or school district employees shall be prioritized before nonprofit organization employees. (e) The amendments made to this section by the act adding this subdivision shall only apply to housing made available or a contract for housing entered into, amended, or extended under this part on or after January 1, 2025. (Amended by Stats. 2024, Ch. 748, Sec. 1. (AB 2967) Effective January 1, 2025.)
  162. 53572.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the part, including “affordable rental housing,” “local public employees,” “nonprofit organization employee,” “teacher,” and “school district employee.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. ) ## 53572. As used in this part: (a) “Affordable rental housing” means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units. (b) “Local public employees” includes employees of any city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof. (c) “Nonprofit organization employee” includes employees of a nonprofit organization operating early childhood, prekindergarten, or schoolage childcare, classrooms, or programs, or expanded learning classrooms and programs, on school district property with funding from the State Department of Education, the federal Head Start program, or other public funding targeted to children from families of low and moderate income. (d) “Teacher” and “school district employee” mean any person employed by any of the following: (1) A unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive. (2) An elementary school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive. (3) A high school district maintaining grades 9 to 12, inclusive, including, but not limited to, certificated and classified staff. (Amended by Stats. 2024, Ch. 748, Sec. 2. (AB 2967) Effective January 1, 2025.)
  163. 53573.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. )

    Verify source ↗

    A school district may create and run housing programs for teachers, district employees, and nonprofit organization employees who have trouble finding affordable housing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. ) ## 53573. A school district may establish and implement programs that address the housing needs of teachers, school district employees, and nonprofit organization employees who face challenges in securing affordable housing. To the extent feasible, the school district may establish and implement programs that, among other things, do the following: (a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers. (b) Promote public and private partnerships. (c) Foster innovative financing opportunities. (Amended by Stats. 2024, Ch. 748, Sec. 3. (AB 2967) Effective January 1, 2025.)
  164. 53574.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. )

    Verify source ↗

    This section lets school districts and certain developers limit and prioritize occupancy of school-district-owned housing for teachers, school district employees, and nonprofit organization employees.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14. Teacher Housing Act of 2016 [53570 - 53574] ( Part 14 added by Stats. 2016, Ch. 732, Sec. 2. ) ## 53574. This part specifically creates a state policy supporting housing for teachers, school district employees, and nonprofit organization employees, as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits school districts and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to teachers, school district employees, and nonprofit organization employees on land owned by school districts, including permitting school districts and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by school districts to teachers and school district employees of the school district that owns the land, and to nonprofit organization employees, so long as that housing does not violate any other applicable laws. (Amended by Stats. 2024, Ch. 748, Sec. 4. (AB 2967) Effective January 1, 2025.)
  165. 53580.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. )

    Verify source ↗

    This section says Part 14.1 may be cited as the Community College Faculty and Employee Housing Act of 2022.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. ) ## 53580. This part may be cited as the Community College Faculty and Employee Housing Act of 2022. (Added by Stats. 2022, Ch. 640, Sec. 1. (AB 1719) Effective January 1, 2023.)
  166. 53581.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. )

    Verify source ↗

    This section limits housing programs under the part mainly to faculty and community college district employees, but a district may also allow local public employees or other members of the public if allowed by other laws and regulations.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. ) ## 53581. (a) The purpose of this part is also to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for faculty and community college district employees to allow them to access and maintain housing stability. (b) A program established under this part shall be restricted to “faculty or community college district employees,” except that a community college district may allow local public employees or other members of the public to occupy housing created through this part, subject to applicable laws and regulations. (c) A community college district shall retain the right to prioritize community college district employees over local public employees or other members of the public to occupy housing. (Added by Stats. 2022, Ch. 640, Sec. 1. (AB 1719) Effective January 1, 2023.)
  167. 53582.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. )

    Verify source ↗

    This section defines “affordable rental housing,” “faculty or community college district employee,” and “local public employees.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. ) ## 53582. As used in this part: (a) “Affordable rental housing” means a rental housing development, as defined in subdivision (d) of Section 50675.2, with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income, as defined in Section 50093, but neither definition is restrictive to only projects with five or more units. (b) “Faculty or community college district employee” means any person employed by a community college district, including, but not limited to, certificated and classified staff. (c) “Local public employees” includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof. (Added by Stats. 2022, Ch. 640, Sec. 1. (AB 1719) Effective January 1, 2023.)
  168. 53583.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. )

    Verify source ↗

    A community college district may create and run programs to help faculty and employees secure affordable housing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. ) ## 53583. A community college district may establish and implement programs that address the housing needs of faculty and community college district employees who face challenges in securing affordable housing. To the extent feasible, the community college district may establish and implement programs that, among other things, do the following: (a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers. (b) Promote public and private partnerships. (c) Foster innovative financing opportunities. (Added by Stats. 2022, Ch. 640, Sec. 1. (AB 1719) Effective January 1, 2023.)
  169. 53584.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. )

    Verify source ↗

    This section allows certain community college districts and developers to limit occupancy of qualifying housing to faculty and community college district employees.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.1. Community College Faculty and Employee Housing Act of 2022 [53580 - 53584] ( Part 14.1 added by Stats. 2022, Ch. 640, Sec. 1. ) ## 53584. This part specifically creates a state policy supporting housing for faculty and community college district employees as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits community college districts and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to faculty and community college district employees on land owned by community college districts, including permitting community college districts and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by community college districts to faculty and community college district employees of the community college district that owns the land, so long as that housing does not violate any other applicable laws. (Added by Stats. 2022, Ch. 640, Sec. 1. (AB 1719) Effective January 1, 2023.)
  170. 53590.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the Housing for a Healthy California Program.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53590. For purposes of this part, all of the following definitions shall apply: (a) “County” means a county, city and county, or a city collaborating with a county to secure services funding. (b) “Department” means the Department of Housing and Community Development. (c) “Experiencing chronic homelessness” means a person who is chronically homeless, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2018, except that a person who was experiencing chronic homelessness before entering an institution would continue to be defined as experiencing chronic homelessness upon discharge, regardless of length of stay. (d) “Experiencing homelessness” means a person experiencing homelessness, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2018. (e) “Fair market rent” means the rent, including the cost of utilities, as established by the United States Department of Housing and Urban Development pursuant to Parts 888 and 982 of Title 24 of the Code of Federal Regulations, as those parts read on January 1, 2018, for units by number of bedrooms, that must be paid in the market area to rent privately owned, existing, decent, safe, and sanitary rental housing of nonluxury nature with suitable amenities. (f) “Health Home Program” means the Health Home Program established pursuant to Article 3.9 (commencing with Section 14127) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code. (g) “Long-term rental assistance” means a rental subsidy provided to a housing provider, including a developer leasing affordable or supportive housing, private-market landlord, or sponsor master leasing private-market apartments, to assist a tenant to pay the difference between 30 percent of the tenant’s income and fair market rent or reasonable market rent as determined by the grant recipient and approved by the department. (h) “Federal Housing Trust Fund” has the same meaning as the national Housing Trust Fund established pursuant to the Housing and Economic Recovery Act of 2008 (Public Law 110-289), and implementing federal regulations. (i) “Permanent housing” means a housing unit where the landlord does not limit length of stay in the housing unit, the landlord does not restrict the movements of the tenant, and the tenant has a lease and is subject to the rights and responsibilities of tenancy, pursuant to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. (j) “Program” means the Housing for a Healthy California Program created by this part. (k) “Supportive housing” has the same meaning as in Section 50675.14. (l) “Whole Person Care pilot” has the meaning as described in the Medi-Cal 2020 Waiver Special Terms and Conditions (STCs), Sections 110-126, as approved by the federal Centers for Medicare and Medicaid Services on December 30, 2015. (Amended by Stats. 2019, Ch. 620, Sec. 5. (AB 957) Effective October 8, 2019.)
  171. 53591.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    The department must create and run the Housing for a Healthy California Program, award certain grants and loans, collect data, and report and evaluate program results.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53591. The department shall do all of the following: (a) On or before January 1, 2019, establish the Housing for a Healthy California Program to create supportive housing opportunities through either or both of the following: (1) Grants to counties for capital, rental assistance, and operating subsidies. The department shall award grants to counties on a competitive basis pursuant to rating and ranking criteria that include, but are not limited to, points based upon all of the following: (A) Need, which includes consideration of the number of individuals experiencing homelessness and the impact of housing costs in the county. (B) Ability of the county to administer or partner to administer a program offering capital loans, rental assistance, or operating subsidies in supportive housing, based on the county’s proposed use of program funds. Operating subsidies may include operating reserves. (C) The county’s documented partnerships with affordable and supportive housing providers in the county. (D) Demonstrated commitment to address the needs of people experiencing homelessness through existing programs or programs planned to be implemented within 12 months. (E) Preferences or set asides for housing populations established by the department pursuant to Section 53595. (F) Coordination with all of the following: (i) Community-based housing and homeless service providers. (ii) Behavioral health providers. (iii) Safety net providers, including community health centers. (2) Operating reserve grants and capital loans to developers. The department may use existing guidelines in awarding grants and loans to developers. (3) In administering the operating reserve grants and capital loans to developers pursuant to paragraph (2), the department shall do all of the following: (A) Make program funds available at the same time funds, if any, are made available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). (B) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this part in addition to those used in the Multifamily Housing Program. (C) Administer funds subject to this part in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2) to the extent permitted by federal requirements. (D) Only applications serving persons that meet all of the requirements of Section 53595 and any other threshold requirements established by the department, shall be eligible to receive funds pursuant to paragraph (2). (b) Until August 31, 2022, if the department elects to fund operating grants and loans to developers in any year, or before August 31, submit federal Housing Trust Fund allocation plans to the Department of Housing and Urban Development that includes state objectives consistent with the goals of this part. (c) Draft any necessary regulations, guidelines, and notices of funding availability for stakeholder comment. (d) Midyear and annually, collect data from counties and developers awarded grant or loan funds. (e) No later than October 1, 2020, contract with an independent evaluator to analyze data collected pursuant to Section 53593 to determine changes in health care costs and utilization associated with services and housing provided under the program. The department shall provide, on a regular basis as needed, collected data to the evaluator. (f) (1) Report data collected in the department’s annual report due in 2024, as required by Section 50408. (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (g) The department is encouraged to consult with the State Department of Health Care Services where appropriate to carry out the intent of this section. (h) This section shall become operative on January 1, 2022. (Amended by Stats. 2023, Ch. 770, Sec. 21. (AB 1764) Effective January 1, 2024.)
  172. 53592.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    A county may receive a program grant only if it meets this section’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53592. A county shall be eligible for a program grant if the county meets the requirements of this section. Eligibility does not create an entitlement to grant funds and is subject to availability of funds. The county shall meet all of the following requirements: (a) Has identified a source of funding for providing intensive services promoting housing stability. Funding for these services may include, but are not limited to, one or more of the following: (1) County general funds. (2) Whole Person Care pilot program funds, to the extent those funds are available or the Whole Person Care program has been renewed. (3) The Health Home Program. (4) Other county-controlled funding to provide these services to eligible participants. (b) Has designated a process for administering grant funds through agencies administering housing programs. (c) Agrees to collect and report data, as described in Section 53593, to the department. (Amended by Stats. 2019, Ch. 620, Sec. 7. (AB 957) Effective October 8, 2019.)
  173. 53593.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    The department must work with the State Department of Health Care Services to match participant data with Medi-Cal data, and counties or developers receiving grant or loan funds must report specified program data to the department.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53593. (a) The department shall coordinate with the State Department of Health Care Services to match program participant data, consistent with state and federal privacy law, to Medi-Cal data to identify outcomes among participants as well as changes in health care costs and utilization associated with housing and services provided under the program to the extent that information is available, up to 12 months prior to each participant’s move into permanent housing, as well as changes in costs and utilization after each participant’s move into permanent housing. (b) A county or developer awarded grant or loan funds shall, at annual and midyear intervals, report all of the following data to the department: (1) Data specified by the department necessary to measure the costs and outcomes of the program. (2) The number of participants and the type of interventions offered through grant funds. (3) The number of participants living in supportive housing or other permanent housing. (4) To the extent feasible and available, data on the impact of the program on participants’ use of corrections systems and law enforcement resources. (Amended by Stats. 2019, Ch. 620, Sec. 8. (AB 957) Effective October 8, 2019.)
  174. 53594.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    A county must use grants under this part only for the listed housing and program purposes, with caps on rental assistance and administrative costs.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53594. (a) A county shall use grants awarded pursuant to this part for one or more of the following: (1) Long-term rental assistance in an amount the county identifies, but no more than two times the fair market rent for the market area where the county is providing long-term rental assistance. (2) Acquisition funding, new construction, gap funding, or reconstruction and rehabilitation. (3) Project-based operating subsidies. (4) Incentives to landlords to accept rental assistance for program participants, including security deposits and holding fees. (5) Administrative costs, as determined by the department, of no more than 5 percent of the total grant awarded, or a higher amount upon approval by the department. (b) Project based operating subsidies may include either or both of the following: (1) Operating subsidies for periods of up to five years. (2) A capitalized operating reserve for at least 15 years to pay for operating costs of an apartment or apartments receiving capital funding to provide supportive housing to people experiencing homelessness. (Amended by Stats. 2020, Ch. 370, Sec. 208. (SB 1371) Effective January 1, 2021.)
  175. 53595.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    The department must establish rating and ranking criteria for housing that promotes placement for people who meet the listed eligibility conditions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53595. The department shall establish rating and ranking criteria to promote housing for persons who meet all of the following requirements: (a) Is experiencing homelessness or chronic homelessness and a high-cost health user upon initial eligibility. (b) Is a Medi-Cal beneficiary or is eligible for Medi-Cal. (c) Is eligible to receive services under a program providing services promoting housing stability, including, but not limited to, the following: (1) The Whole Person Care pilot program, to the extent the Whole Person Care program is available or has been renewed. (2) The Health Home Program. (3) A locally controlled services program funding or providing services in supportive housing. (d) Is likely to improve their health conditions with supportive housing. (Amended by Stats. 2019, Ch. 620, Sec. 10. (AB 957) Effective October 8, 2019.)
  176. 53596.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    The Legislature must consider the impact of housing and supportive services on utilization and health care costs for eligible participants moved into supportive housing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53596. The Legislature shall consider the impact that housing and supportive services have had in changing utilization and health care costs, as identified in the evaluation described in Section 53591, of moving eligible participants into supportive housing. (Added by Stats. 2017, Ch. 777, Sec. 2. (AB 74) Effective January 1, 2018.)
  177. 53597.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    The department must reimburse the State Department of Health Care Services for the costs of collaborating to match and provide relevant data.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53597. The department shall reimburse the State Department of Health Care Services for the costs of collaborating in matching and providing relevant data. (Added by Stats. 2017, Ch. 777, Sec. 2. (AB 74) Effective January 1, 2018.)
  178. 53598.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    The department may enter into certain contracts to implement this part, and those contracts are exempt from specified Government Code and Public Contract Code requirements and from Department of General Services review or approval.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53598. (a) For purposes of implementing this part, the department may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and shall be exempt from the review or approval of any division of the Department of General Services. (b) Any regulations or guidelines that are adopted, amended, or repealed to implement this part shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2017, Ch. 777, Sec. 2. (AB 74) Effective January 1, 2018.)
  179. 53599.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    The department must carry out this part’s purposes using either or both specified funding sources.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53599. The department shall carry out the purposes of this part with either or both of the following: (a) Revenues appropriated to the department from federal Housing Trust Fund allocations for years 2018 to 2021, inclusive. (b) Any other revenues appropriated to the department that may be allocated for purposes of the program. (Added by Stats. 2017, Ch. 777, Sec. 2. (AB 74) Effective January 1, 2018.)
  180. 53600.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    The department may charge an ongoing monitoring fee for loans it issues directly, and it must deposit loan repayment money into the Housing Rehabilitation Loan Fund.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53600. (a) For loans issued directly by the department, the department may charge an ongoing monitoring fee to cover the costs of project monitoring. (b) All moneys received by the department in repayment of loans made pursuant to this part, including interest and payments in advance in lieu of future interest, shall be deposited into the Housing Rehabilitation Loan Fund established by Section 50661, and, notwithstanding Section 13340 of the Government Code, all such moneys deposited pursuant to this part are continuously appropriated to the department for purposes of the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). (Added by Stats. 2018, Ch. 455, Sec. 1. (SB 877) Effective September 17, 2018.)
  181. 53601.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. )

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    In limited Los Angeles housing cases, the department may not take negative actions against an owner or management agent if specified cure, posting, and coordination conditions are met; tenants can be treated as satisfying the program income rules under listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.2. Housing for a Healthy California Program [53590 - 53601] ( Part 14.2 added by Stats. 2017, Ch. 777, Sec. 2. ) ## 53601. (a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met: (A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation. (B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility. (2) For purposes of this subdivision, “negative actions” include, but are not limited to, both of the following: (A) Issuing negative points on a current or future application. (B) Imposing a financial penalty. (b) If an agreement between the owner or management agent and the authority or the department restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met: (1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations. (2) The tenant self-certified household income at no more than 30 percent of the area median income. (3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements. (4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit. (5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households. (6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility. (c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development. (2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements. (3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level. (4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income. (d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed. (Added by Stats. 2024, Ch. 491, Sec. 7. (SB 1500) Effective January 1, 2025. Conditionally inoperative on or after July 31, 2025, as prescribed by its own provisions. Conditionally repealed by its own provisions.)
  182. 53610.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. )

    Verify source ↗

    This part may be cited as the California State University Faculty and Employee Housing Act of 2024.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. ) ## 53610. This part may be cited as the California State University Faculty and Employee Housing Act of 2024. (Added by Stats. 2024, Ch. 558, Sec. 1. (AB 2005) Effective January 1, 2025.)
  183. 53611.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. )

    Verify source ↗

    This section says the housing program is mainly for faculty and California State University employees, but a CSU campus may let local public employees or other members of the public live in the housing, and may prioritize CSU employees.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. ) ## 53611. (a) The purpose of this part is to facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for faculty and California State University employees to allow them to access and maintain housing stability. (b) A program established under this part shall be restricted to faculty or California State University employees, except that a California State University campus may allow local public employees or other members of the public to occupy housing created through this part, subject to applicable laws and regulations. (c) A California State University campus may prioritize California State University employees over local public employees or other members of the public to occupy housing. (Added by Stats. 2024, Ch. 558, Sec. 1. (AB 2005) Effective January 1, 2025.)
  184. 53612.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the part, including “affordable rental housing,” “auxiliary organization,” “faculty or California State University employee,” “local public employees,” “persons and families of low or moderate income,” and “rental housing development.”

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. ) ## 53612. As used in this part: (a) “Affordable rental housing” means a rental housing development with a majority of its rents restricted to levels that are affordable to persons and families of low or moderate income. (b) “Auxiliary organization” has the same meaning as defined in Section 89901 of the Education Code. (c) “Faculty or California State University employee” means any person employed by a California State University campus, including, but not limited to, faculty and staff. (d) “Local public employees” includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof. (e) “Persons and families of low or moderate income” has the same meaning as defined in Section 50093. (f) “Rental housing development” means a structure or set of structures with common financing, ownership, and management with one or more dwelling units, including efficiency units. No more than one of the dwelling units may be occupied as a primary residence by a person or household who is the owner of the structure or structures. (Added by Stats. 2024, Ch. 558, Sec. 1. (AB 2005) Effective January 1, 2025.)
  185. 53613.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. )

    Verify source ↗

    The California State University and its campuses may create and run housing programs for faculty and employees who have trouble finding affordable housing.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. ) ## 53613. The California State University may establish and implement programs that address the housing needs of faculty or California State University employees who face challenges in securing affordable housing. To the extent feasible, a California State University campus may establish and implement programs that, among other things, do any of the following: (a) Leverage federal, state, and local public, private, and nonprofit programs and fiscal resources available to housing developers. (b) Promote public and private partnerships. (c) Foster innovative financing opportunities. (Added by Stats. 2024, Ch. 558, Sec. 1. (AB 2005) Effective January 1, 2025.)
  186. 53614.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. )

    Verify source ↗

    This section supports housing for California State University faculty and employees and allows CSU-related actors to limit occupancy to those groups on certain CSU-owned lands, if other applicable laws are not violated.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 14.3. California State University Faculty and Employee Housing Act of 2024 [53610 - 53614] ( Part 14.3 added by Stats. 2024, Ch. 558, Sec. 1. ) ## 53614. This part specifically creates a state policy supporting housing for faculty or California State University campus employees as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits the California State University and developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to faculty or California State University employees on land owned by the Trustees of the California State University or a California State University auxiliary organization, including permitting California State University campuses and developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy on land owned by the Trustees of the California State University or a California State University auxiliary organization to faculty or California State University employees of the California State University, so long as that housing does not violate any other applicable laws. (Added by Stats. 2024, Ch. 558, Sec. 1. (AB 2005) Effective January 1, 2025.)
  187. 5400.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Rights of Way for Sewers and Drainage [5400- 5400.] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A county board of supervisors may vacate or abandon sewer or drainage easements if it determines they are no longer needed for public use.

    ## Health and Safety Code - HSC ## DIVISION 5. SANITATION [4600 - 6127] ( Division 5 enacted by Stats. 1939, Ch. 60. ) ## PART 3. COMMUNITY FACILITIES [4600 - 6127] ( Heading of Part 3 amended by Stats. 1970, Ch. 420. ) ## CHAPTER 6. General Provisions with Respect to Sewers [5400 - 5474.10] ( Chapter 6 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Rights of Way for Sewers and Drainage [5400- 5400.] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 5400. The board of supervisors of a county may vacate or abandon easements for sewage or drainage purposes whenever it determines that they are no longer required for public use. (Enacted by Stats. 1939, Ch. 60.)
  188. 54000.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 1. General Provisions [54000 - 54004] ( Chapter 1 added by Stats. 2017, Ch. 365, Sec. 3. )

    Verify source ↗

    This section says the part may be cited as the Veterans and Affordable Housing Bond Act of 2018.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 1. General Provisions [54000 - 54004] ( Chapter 1 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54000. Together with Article 5z (commencing with Section 998.600) of Chapter 6 of Division 4 of the Military and Veterans Code, this part shall be known, and may be cited, as the Veterans and Affordable Housing Bond Act of 2018. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  189. 54002.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 1. General Provisions [54000 - 54004] ( Chapter 1 added by Stats. 2017, Ch. 365, Sec. 3. )

    Verify source ↗

    This section defines “Board,” “Committee,” and “Fund” for this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 1. General Provisions [54000 - 54004] ( Chapter 1 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54002. As used in this part, the following terms have the following meanings: (a) “Board” means the Department of Housing and Community Development for programs administered by the department, and the California Housing Finance Agency for programs administered by the agency. (b) “Committee” means the Housing Finance Committee created pursuant to Section 53524 and continued in existence pursuant to Sections 53548 and 54014. (c) “Fund” means the Affordable Housing Bond Act Trust Fund of 2018 created pursuant to Section 54006. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  190. 54004.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 1. General Provisions [54000 - 54004] ( Chapter 1 added by Stats. 2017, Ch. 365, Sec. 3. )

    Verify source ↗

    This part becomes operative only if voters adopt it at the November 6, 2018 statewide general election.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 1. General Provisions [54000 - 54004] ( Chapter 1 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54004. This part shall only become operative upon adoption by the voters at the November 6, 2018, statewide general election. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  191. 54006.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program [54006 - 54009] ( Chapter 2 added by Stats. 2017, Ch. 365, Sec. 3. )

    Verify source ↗

    This section creates the Affordable Housing Bond Act Trust Fund of 2018 and directs bond proceeds into several housing funds and programs with specified uses.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program [54006 - 54009] ( Chapter 2 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54006. The Affordable Housing Bond Act Trust Fund of 2018 is hereby created within the State Treasury. It is the intent of the Legislature that the proceeds of bonds (exclusive of refunding bonds issued pursuant to Section 54026) be deposited in the fund and used to fund the housing-related programs described in this chapter. The proceeds of bonds issued and sold pursuant to this part for the purposes specified in this chapter shall be allocated in the following manner: (a) One billion five hundred million dollars ($1,500,000,000) to be deposited in the Housing Rehabilitation Loan Fund established pursuant to Section 50661. The moneys in the fund shall be used for the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, to be expended to assist in the new construction, rehabilitation, and preservation of permanent and transitional rental housing for persons with incomes of up to 60 percent of the area median income (AMI). These funds may also be used to provide technical assistance pursuant to Section 54007. (b) One hundred fifty million dollars ($150,000,000) to be deposited into the Transit-Oriented Development Implementation Fund, established pursuant to Section 53561, for expenditure, upon appropriation by the Legislature, pursuant to the Transit-Oriented Development Implementation Program authorized by Part 13 (commencing with Section 53560) to provide local assistance to cities, counties, cities and counties, transit agencies, and developers for the purpose of developing or facilitating the development of higher density uses within close proximity to transit stations that will increase public transit ridership. These funds may also be expended for any authorized purpose of this program and for state incentive programs, including loans and grants, within the department. Any funds not encumbered for the purposes of this subdivision by November 6, 2028, shall revert for general use in the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, unless the Department of Housing and Community Development determines that funds should revert sooner due to diminished demand. (c) Three hundred million dollars ($300,000,000) to be deposited in the Regional Planning, Housing, and Infill Incentive Account, which is hereby created within the fund. Moneys in the account shall be available, upon appropriation by the Legislature, pursuant to the Infill Incentive Grant Program of 2007 established by Section 53545.13 for infill incentive grants to assist in the new construction and rehabilitation of infrastructure that supports high-density affordable and mixed-income housing in locations designated as infill, including, but not limited to, any of the following: (1) Park creation, development, or rehabilitation to encourage infill development. (2) Water, sewer, or other public infrastructure costs associated with infill development. (3) Transportation improvements related to infill development projects. (4) Traffic mitigation. These funds may also be expended for any authorized purpose of this program. Any funds not encumbered for the purposes of this subdivision by November 6, 2028, shall revert for general use in the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, unless the Department of Housing and Community Development determines that funds should revert sooner due to diminished demand. (d) One hundred fifty million dollars ($150,000,000) to be transferred to the Self-Help Housing Fund established pursuant to Section 50697.1. Notwithstanding Section 13340 of the Government Code and Section 50697.1, these funds are hereby continuously appropriated to the Department of Housing and Community Development without regard to fiscal years, which funds shall be transferred by the department to the California Housing Finance Agency for purposes of the home purchase assistance program established pursuant to Chapter 6.8 (commencing with Section 51341) of Part 3. (e) Three hundred million dollars ($300,000,000) to be deposited in the Joe Serna, Jr. Farmworker Housing Grant Fund, established pursuant to Section 50517.5, to fund grants or loans, or both, for local public entities, nonprofit corporations, limited liability companies, and limited partnerships, for the construction or rehabilitation of housing for agricultural employees and their families or for the acquisition of manufactured housing as part of a program to address and remedy the impacts of current and potential displacement of farmworker families from existing labor camps, mobilehome parks, or other housing. These funds may also be expended for any authorized purpose of this program. These funds may also be used to provide technical assistance pursuant to Section 54007. Any funds not encumbered for the purposes of this subdivision by November 6, 2028, shall revert for general use in the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, unless the Department of Housing and Community Development determines that funds should revert sooner due to diminished demand. (f) Three hundred million dollars ($300,000,000) to be deposited in the Affordable Housing Innovation Fund established pursuant to subparagraph (F) of paragraph (1) of subdivision (a) of Section 53545. Moneys in the fund shall be available, upon appropriation by the Legislature, pursuant to the Local Housing Trust Fund Matching Grant Program established by Section 50842.2 to fund competitive grants or loans to local housing trust funds that develop, own, lend, or invest in affordable housing and used to create pilot programs to demonstrate innovative, cost-saving approaches to creating or preserving affordable housing. Local housing trust funds shall be derived on an ongoing basis from private contribution or governmental sources that are not otherwise restricted in use for housing programs. These funds may also be expended for any authorized purpose of this program. Any funds not encumbered for the purposes of this subdivision by November 6, 2028, shall revert for general use in the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, unless the Department of Housing and Community Development determines that funds should revert sooner due to diminished demand. (g) Three hundred million dollars ($300,000,000) to be deposited in the Self-Help Housing Fund established pursuant to Section 50697.1. The moneys in the fund shall be available for the CalHome Program authorized by Chapter 6 (commencing with Section 50650) of Part 2, to provide direct, forgivable loans to assist development projects involving multiple home ownership units, including single-family subdivisions, for self-help mortgage assistance programs, and for manufactured homes. These funds may also be expended for any authorized purpose of this program. At least thirty million dollars ($30,000,000) of the amount deposited in the Self-Help Housing Fund shall be used to provide grants or forgivable loans to assist in the rehabilitation or replacement, or both, of existing mobilehomes located in a mobilehome or manufactured home community. These funds may also be used to provide technical assistance pursuant to Section 54007. Any funds not encumbered for the purposes of this subdivision by November 6, 2028, shall revert for general use in the Multifamily Housing Program authorized by Chapter 6.7 (commencing with Section 50675) of Part 2, unless the Department of Housing and Community Development determines that funds should revert sooner due to diminished demand. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  192. 54007.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program [54006 - 54009] ( Chapter 2 added by Stats. 2017, Ch. 365, Sec. 3. )

    Verify source ↗

    The Department of Housing and Community Development may provide technical assistance for certain affordable housing programs, but it must use allocated bond proceeds and stay within total and annual dollar caps.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program [54006 - 54009] ( Chapter 2 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54007. (a) (1) Notwithstanding any other provision of this part, the Department of Housing and Community Development may provide technical assistance to eligible counties and eligible cities, or developers of affordable housing within eligible counties and eligible cities, to facilitate the construction of housing for the target populations for the following programs funded pursuant to this part: (A) The Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2). (B) The Joe Serna, Jr. Farmworker Housing Grant Program (Chapter 3.2 (commencing with Section 50515.2) of Part 2). (C) The CalHome Program (Chapter 6 (commencing with Section 50650) of Part 2). (2) Technical assistance pursuant to this section shall be provided using the bond proceeds allocated pursuant to Section 54006 to the program for which the technical assistance is provided. (3) The Department of Housing and Community Development shall not provide more than three hundred sixty thousand dollars ($360,000) total in technical assistance pursuant to this section, and an eligible county or eligible city shall not receive more than thirty thousand dollars ($30,000) in technical assistance annually. (b) For purposes of this section, the following definitions shall apply: (1) “Eligible city” means a city that is located within a county with a population of 150,000 residents or fewer. (2) “Eligible county” means a county with a population of 150,000 residents or fewer. (3) “Technical assistance” includes engineering assistance and environmental review related to an affordable housing project and reimbursement of administrative costs related to developing a grant proposal. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  193. 54008.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program [54006 - 54009] ( Chapter 2 added by Stats. 2017, Ch. 365, Sec. 3. )

    Verify source ↗

    The Legislature may amend related laws and this chapter to improve program effectiveness or reallocate bond proceeds for affordable housing goals.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program [54006 - 54009] ( Chapter 2 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54008. (a) The Legislature may, from time to time, amend any law related to programs to which funds are, or have been, allocated pursuant to this chapter for the purposes of improving the efficiency and effectiveness of those programs or to further the goals of those programs. (b) The Legislature may amend this chapter to reallocate the proceeds of bonds issued and sold pursuant to this part among the programs to which funds are to be allocated pursuant to this chapter as necessary to effectively promote the development of affordable housing in this state. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  194. 54009.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program [54006 - 54009] ( Chapter 2 added by Stats. 2017, Ch. 365, Sec. 3. )

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    Bond-funded programs must prefer certain projects when allocating financial support, including public works and projects paying all construction workers at least the general prevailing wage.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 2. Affordable Housing Bond Act Trust Fund of 2018 and Program [54006 - 54009] ( Chapter 2 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54009. Programs funded with bond proceeds shall, when allocating financial support, give preference to projects that are “public works” for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and other projects on which all construction workers will be paid at least the general prevailing rate of per diem wages as determined by the Director of Industrial Relations. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  195. 54010.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    This section authorizes issuing and selling up to $3 billion in bonds, except refunding bonds under Section 54026.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54010. Bonds in the total amount of three billion dollars ($3,000,000,000), exclusive of refunding bonds issued pursuant to Section 54026, or so much thereof as is necessary as determined by the committee, are hereby authorized to be issued and sold for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. All bonds herein authorized which have been duly issued, sold, and delivered as provided herein shall constitute valid and binding general obligations of the state, and the full faith and credit of the state is hereby pledged for the punctual payment of both principal of and interest on those bonds when due. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  196. 54012.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    The bonds authorized by this part must follow the State General Obligation Bond Law, except for specified exceptions.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54012. The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), except subdivisions (a) and (b) of Section 16727 of the Government Code, and all of the provisions of that law as amended from time to time apply to the bonds and to this part, except as provided in Section 54028, and are hereby incorporated in this part as though set forth in full in this part. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  197. 54014.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    This section keeps the committee in existence for bond issuance and allows the Department of Housing and Community Development to adopt administrative guidelines for its financing programs.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54014. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this part, the committee is continued in existence. For the purposes of this part, the Housing Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. (b) The Department of Housing and Community Development may adopt guidelines establishing requirements for administration of its financing programs. The guidelines shall not constitute rules, regulations, orders, or standards of general application and are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) For the purposes of the State General Obligation Bond Law, the Department of Housing and Community Development is designated the “board” for programs administered by the department, and the California Housing Finance Agency is the “board” for programs administered by the agency. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  198. 54016.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    When the board requests it and says funds are needed for this part, the committee must decide whether bonds should be issued and, if so, how many.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54016. Upon request of the board stating that funds are needed for purposes of this part, the committee shall determine whether or not it is necessary or desirable to issue bonds, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and are not required to be sold at any one time. Bonds may bear interest subject to federal income tax. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  199. 54018.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    State revenue officers must take all necessary steps to collect an additional annual sum to pay bond principal and interest.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54018. There shall be collected annually, in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collections of state revenues to do or perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)
  200. 54020.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. )

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    This section appropriates money from the General Fund in the State Treasury for the purposes of this part.

    ## Health and Safety Code - HSC ## DIVISION 31. HOUSING AND HOME FINANCE [50000 - 54913] ( Division 31 repealed and added by Stats. 1977, Ch. 610. ) ## PART 16. Veterans and Affordable Housing Bond Act of 2018 [54000 - 54034] ( Part 16 added by Stats. 2017, Ch. 365, Sec. 3. ) ## CHAPTER 3. Fiscal Provisions [54010 - 54034] ( Chapter 3 added by Stats. 2017, Ch. 365, Sec. 3. ) ## 54020. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this part, an amount that will equal the total of both of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this part, as the principal and interest become due and payable. (b) The sum which is necessary to carry out Section 54024, appropriated without regard to fiscal years. (Added by Stats. 2017, Ch. 365, Sec. 3. Approved in Proposition 1 at the November 6, 2018, election; effective November 7, 2018.)

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