Housing programs: eligible entities.

(1) Existing law sets forth the general responsibilities and roles of the Business, Consumer Services and Housing Agency, the Department of Housing and Community Development, and the California Housing Finance Agency in carrying out state housing policies and programs. Existing law defines various terms for these purposes, including, but not limited to, the terms "local agency," "local public entity," and "nonprofit housing sponsor." This bill would expand those definitions, as applicable, to include a duly constituted governing body of an Indian reservation or rancheria, or a tribally designated housing entity, as specified. (2) Existing law, the Building Homes and Jobs Act, establishes the Building Homes and Jobs Trust Fund in the State Treasury and, upon appropriation by the Legislature, allocates a specified percentage of the moneys in that fund that are collected on and after January 1, 2019, to local governments, as defined. Existing law provides that the moneys in the fund allocated to local governments may be expended for, among other things, the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing, as specified. This bill would expand the definition of "local government," under these provisions, to include the duly constituted governing body of an Indian reservation or rancheria. (3) Existing law authorizes the Department of Housing and Community Development to provide comprehensive technical assistance to tribal housing authorities, housing sponsors, and governmental agencies on reservations, rancherias, and on public domain to facilitate the planning and orderly development of suitable, decent, safe, and sanitary housing for American Indians residing in these areas. This bill would instead require the department to provide the above-described technical assistance. The bill would name this provision the G. David Singleton California Indian Assistance Program. This bill would authorize the Department of Housing and Community Development to modify or waive various requirements of any state financing being provided to a housing development by the department in specified situations, if tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure would cause a violation or not satisfy the requirements for the financing. (4) Existing law creates the Joe Serna, Jr. Farmworker Housing Grant Program, and within it, the Joe Serna, Jr. Farmworker Housing Grant Fund, a continuously appropriated fund, to fund the activities of the grant program, which include providing grants or loans to local public entities, nonprofit corporations, limited liability companies, and limited partnerships for the construction, rehabilitation, or acquisition of farmworker housing, as specified. This bill would define the term "local public entity" for these purposes, to include the duly constituted governing body of an Indian reservation or rancheria or a tribally designated housing entity, as specified. The bill would additionally define the term "nonprofit corporations" to include a tribally designated housing entity, as specified. By expanding the purposes for which the moneys in the Joe Serna, Jr. Farmworker Housing Grant Fund may be used, this bill would make an appropriation. (5) Existing law establishes the Predevelopment Loan Program, under the administration of the Department of Housing and Community Development, to make predevelopment loans and land purchase loans to eligible sponsors, defined to include local governmental agencies and nonprofit corporations, for use in developing assisted housing for occupancy primarily by persons of low income. Existing law establishes the Predevelopment Loan Fund, a continuously appropriated fund, as a revolving loan fund to be used for purposes of the program. This bill would define the term "local governmental agencies" to include the duly constituted governing body of an Indian reservation or rancheria or a tribally designated housing entity. The bill would additionally define the term "nonprofit corporations" to include a tribally designated housing entity, as specified. By expanding the purposes for which the moneys in the Predevelopment Loan Fund may be used, the bill would make an appropriation. (6) Existing law establishes the CalHome Program, administered by the Department of Housing and Community Development, to enable low- and very low income households to become or remain homeowners. Existing law requires the department to provide funds appropriated for purposes of the program to local public agencies or nonprofit corporations as grants for programs that assist individual households or as loans that assist specified housing development projects. Existing law requires that certain moneys be deposited in the Self-Help Housing Fund, a continuously appropriated fund, for purposes of the CalHome Program. The Housing and Emergency Shelter Trust Fund Act of 2006 and the Veterans and Affordable Housing Bond Act of 2018 each make certain funds derived from the proceeds of general obligation bonds issued and sold pursuant to those acts available for purposes of the CalHome Program. This bill would define the terms "local public agency" or "local government agencies" to include the duly constituted governing body of an Indian reservation or rancheria or a tribally designated housing entity, as specified, for purposes of the CalHome Program. The bill would also define the term "nonprofit corporations" to include a tribally designated housing entity, as specified, for purposes of the CalHome Program. By expanding the purposes for which various continuously appropriated funds may be used, the bill would make an appropriation. (7) Existing law establishes the Housing Rehabilitation Loan Fund, which is continuously appropriated to the Department of Housing and Community Development for, among other things, making deferred payment rehabilitation loans to specified sponsors, including a local public entity certified by the department as qualified to own, manage, or rehabilitate a rental housing development, for financing all or a portion of the cost of rehabilitating existing housing to meet prescribed rehabilitation standards. This bill would define the term "local public entity" for purposes of these provisions to include a tribally designated housing entity. By expanding the entities that may receive funds pursuant to these provisions, this bill would make an appropriation. (8) Existing law establishes the Local Housing Trust Fund Matching Grant Program for the purpose of supporting local housing trust funds dedicated to the creation or preservation of affordable housing. The Housing and Emergency Shelter Trust Fund Act of 2002 and the Veterans and Affordable Housing Bond Act of 2018 each make certain funds derived from the proceeds of general obligation bonds issued and sold under those acts available to be used for specified grants under the program. Existing law authorizes the use of that allocation of funds for matching grants under the program available to cities and counties, or a city and county, and existing charitable nonprofit organizations that have created, funded, and operated housing trust funds prior to January 1, 2003, and to new local housing trusts created after January 1, 2003, that provide low-income housing assistance. This bill would authorize the duly constituted governing body of an Indian reservation or rancheria to receive matching grants, as specified. The bill would specify that certain requirements do not apply to a duly constituted governing body of an Indian reservation or rancheria or a tribally designated housing entity. (9) Existing law establishes the Infill Incentive Grant Program of 2007, which requires the Department of Housing and Community Development, upon appropriation by the Legislature of the funds in the Regional Planning, Housing, and Infill Incentive Account, created within the Housing and Emergency Shelter Trust Fund of 2006, for certain purposes, to establish and administer a competitive grant program to allocate those funds to selected capital improvements projects related to qualifying infill projects or qualifying infill areas, as defined. Existing law defines the term "eligible applicant" for these purposes. The Housing and Emergency Shelter Trust Fund Act of 2006 and the Veterans and Affordable Housing Bond Act of 2018 each make certain funds derived from the proceeds of general obligation bonds issued and sold pursuant to those acts available for purposes of the program. This bill would expand the definition of "eligible applicant" to mean the duly constituted governing body of an Indian reservation or rancheria that has housing jurisdiction over a qualifying infill area, or a tribally designated housing entity that is the developer of a qualifying infill project, as specified. The bill would specify that certain requirements do not apply to a duly constituted governing body of an Indian reservation or rancheria or a tribally designated housing entity, as specified.