AB 175 California Assembly · 2021-2022 Regular Session

Housing: mortgages and deeds of trust: use of state property: surplus land disposal: financing programs.

Summary
(1) Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. Existing law prescribes the dates when a trustee's sale is deemed final if specified payments are made and, in this regard, a trustee's sale is deemed final upon the acceptance of the last and highest bid and is deemed perfected as of 8 a.m. on the actual date of sale if the trustee's deed is recorded within 18 calendar days after the sale, except as specified. This bill would extend the date in the above-described condition relating to the recording of the trustee's deed to 21 calendar days. The bill would require this change to become operative on January 1, 2022. (2) Existing law, until January 1, 2026, prescribes a process in connection with a trustee's sale of property under a power of sale contained in a deed of trust or mortgage on real property containing one to 4 residential units that determines when the trustee's sale is deemed final, depending on different factors. Under existing law, in this regard, if a prospective owner-occupant, as defined, is the last highest bidder, the date upon which specified conditions required of the bidder for the trustee sale to become final is met, and the trustee must require the respective owner-occupant to submit a specified affidavit. If an eligible tenant buyer or eligible bidder, as those terms are defined, submits to the trustee either a bid, as prescribed, or a nonbinding written notice of intent to place a bid, the trustee sale becomes final after 15 days. Existing law requires the bid or written notice of intent to place a bid to be sent to the trustee in certain ways and received no later than 15 days after the trustee sale. Additionally, the trustee sale may become final based upon the date a representative of all eligible tenant buyers submits to the trustee a bid in an amount equal to the last and highest bid at the trustee's sale in the form of payment, as specified, and satisfies other conditions, including receipt by the trustee no later than 45 days after the trustee sale. Finally, the trustee sale may become final 45 days after an eligible bidder, as defined, submits to the trustee a bid in an amount that exceeds the last and highest bid at the trustee's sale in form of payment, as specified. This bill would revise the above-described process, operative until January 1, 2026, for finalizing the trustee sale. In this regard, the bill would provide that certain information to be submitted to a trustee be provided as an affidavit or declaration given under penalty of perjury, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program. The bill would authorize the trustee to reasonably rely on such an affidavit or declaration. The bill would impose additional limits on who may be a prospective owner-occupant for these purposes. The bill would prescribe requirements regarding the times by which bids are required to be received and the information that is to accompany them. The bill would specify a limit on the information that a trustee is able to provide to eligible bidders or to persons considering whether to submit a bid or notice of intent to bid. The bill would also extend the date that the trustee's sale is deemed perfected, if an eligible bidder submits a written notice of intent to bid, based on the recording of the trustee's deed, as described above, from 48 days to 60 days. The bill would require these changes to become operative on January 1, 2022. (3) Existing law creates the California Exposition and State Fair (Cal Expo) as a separate entity in state government, governed by a board of directors. Existing law authorizes the Cal Expo board of directors to use or manage any of its property for any purpose, with the approval of the Department of General Services. The Bushy Lake Preservation Act requires the Cal Expo board to preserve the Bushy Lake area consistent with the features of a natural preserve, and to manage, or provide, pursuant to an agreement with the American River Parkway Manager, for the management of the Bushy Lake area in accordance with land use designations and policies of the American River Parkway Plan, as defined by the Urban American River Parkway Preservation Act.This bill, among other things, would authorize the Cal Expo board of directors to enter a 5-year agreement with the City of Sacramento (city) and the County of Sacramento (county) for the use of a specified parcel of property, known as Cal Expo Lot Z, for the purposes of providing emergency shelter and other services to individuals experiencing homelessness. The bill would authorize the city and the county to contract with a service provider for this purpose, and would authorize the city and the county to include mental health and substance abuse programs and emergency and interim housing solutions on the Cal Expo Lot Z property. The bill would require the governing bodies of the city and the county to each approve any agreement for the use of the Cal Expo Lot Z property at an open meeting. The bill would require the city and the county to prioritize the provision of emergency shelter and services to specified persons illegally camping in areas of the American River Parkway, as specified. This bill would provide that any agreement pursuant these provisions are exempt from the Bushy Lake Preservation Act and the Urban American River Parkway Preservation Act and would require the city and the county to take specified actions when establishing emergency shelter and other services on the Cal Expo Lot Z property. (4) Existing law prescribes requirements for the disposal of surplus land by a local agency, as defined. Existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as they existed on December 31, 2019, without regard to specified amendments that took effect on January 1, 2020, if those dispositions comply with specified requirements. This bill would additionally provide that the surplus land disposal procedures as they existed on December 31, 2019, apply if a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property related to the Metro North Hollywood Joint Development Project, provided that the disposition is completed not later than December 31, 2024. The bill would extend these dates in the event of a judicial challenge to 6 months following the final conclusion of litigation. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. (5) Existing law establishes, among various other programs intended to address homelessness in this state, the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. Existing law provides for the allocation of funding under the program upon appropriation among continuums of care, cities, counties, and tribal applicants in 4 rounds. Under existing law, the Business, Consumer Services, and Housing Agency administers the first round of funding under the program and the Homeless Coordinating and Financing Council administers all subsequent rounds. Existing law requires that not more than 2%, or $20,000,000, of the amount of round 3 program funds be available to tribal applicants, as defined, and allocated in accordance with specified requirements. Existing law requires a tribal applicant seeking an allocation of these funds to submit an application to the council no later than June 30, 2023, as provided, and that any funds available for tribal applicants that are unallocated as of July 1, 2025, be allocated as bonus awards to other eligible applicants, as provided. This bill would instead require a tribal applicant seeking an allocation of these funds to submit an application to the council, as described above, no later than June 30, 2022. The bill would also instead require that funds available to tribal applicants be allocated as bonus awards, as described above, if those funds are unallocated as of July 1, 2024. Upon appropriation, existing law requires the council to allocate $1,000,000,000 in the 2021–22 fiscal year for round 3 of the program, and $1,000,000,000 in the 2022–23 fiscal year for round 4 of the program. Existing law requires an applicant seeking an allocation of round 3 program funds to submit a standard agreement, which is due within 30 days after the date the council makes that standard agreement available, as provided. Existing law requires the council to allocate 20% of the eligible city's, county's, or continuum of care's total allocation of round 3 program funds upon receipt of the standard agreement from the applicant. To receive the balance of its round 3 program allocation, the applicant is required by existing law to submit an application by June 30, 2022. Existing law requires that an applicant seeking an allocation of round 4 program funds submit an application within 60 days from the date the council makes the application available, as provided. For round 3 program allocations, existing law requires that priority for initial funds be for systems improvement, including capacity building and workforce development for the jurisdiction's administering staff and providers and improving coordinated entry systems to eliminate racial bias or to create a youth-specific coordinated entry system. Existing law requires that the application for the balance of round 3 program funds include, among other things, a narrative that includes specified information. Existing law requires that the narrative include an outline of proposed uses of funds requested and an explanation of how the proposed use of funds will complement the funds and equitably close the gaps identified in the application as provided. Existing law requires that the narrative include specific and quantifiable systems improvements, including, among other things, capacity building and workforce development for the jurisdiction's administering staff and providers, including technical assistance to culturally specific providers, and improving coordinated entry systems to eliminate racial bias or to create a youth-specific coordinated entry system. Existing law also requires that the application for the balance of round 3 program funds establish outcome goals that prevent and reduce homelessness over a 3-year period, as specified. This bill would, instead, require that initial round 3 program funds used for capacity building the and workforce development be for service providers within the jurisdiction, including removing barriers to contracting with culturally specific service providers and building capacity of providers to administer culturally specific services. This bill would also, instead, provide that initial round 3 program funds used for systems improvement may be used for improving coordinated entry systems to strengthen coordinated entry systems to eliminate racial bias, to create a youth-specific coordinated entry system or youth-specific coordinated entry access points, or to improve the coordinated entry assessment tool to ensure that it contemplates the specific needs of youth experiencing homelessness. The bill would similarly revise the required specific and quantifiable systems improvements included in the narrative of an application for the balance of round 3 program funds, to require that these improvements include (A) capacity building and workforce development for service providers within the jurisdiction, as provided, and (B) improving coordinated entry systems to strengthen coordinated entry systems to eliminate racial bias, to create a youth-specific coordinated entry system or youth-specific coordinated entry access points, or to improve the coordinated entry assessment tool to ensure that it contemplates the specific needs of youth experiencing homelessness. The bill would also, instead, require that the outline of proposed uses included in the narrative of an application, as described above, contain an explanation of how the proposed use of funds will complement existing local, state, and federal funds and equitably close the gaps identified in the application. The bill would also, instead, require that the outcome goals in an application for the balance of round 3 program funds prevent and reduce homelessness from July 1, 2021, through June 30, 2024. For round 4 program allocations, existing law requires that the application include new outcome goals that are specific, ambitious, achievable, and quantifiable to prevent and reduce homelessness over a 3-year period, as specified. Existing law also requires that the application include a narrative, similar to the application for the balance of round 3 program funds, as described above. Existing law requires that the narrative include an outline of proposed uses of funds requested and an explanation of how the proposed use of funds will complement the funds and equitably close the gaps identified in the application as provided. Existing law also requires that the narrative include specific and quantifiable systems improvements, including, among other things, capacity building and workforce development for the jurisdiction's administering staff and providers, including technical assistance to culturally specific providers. This bill would, instead, require that the outcome goals in an application for round 4 program funds prevent and reduce homelessness from July 1, 2022, through June 30, 2025. The bill would also, instead, require the outline of proposed uses included in the narrative of an application for round 4 program funds to contain an explanation of how the proposed use of funds will complement existing local, state, and federal funds and equitably close the gaps identified in the application. The bill would also revise the required specific and quantifiable systems improvements included in the narrative of the application to, instead, include capacity building and workforce development for service providers within the jurisdiction, including removing barriers to contracting with culturally specific service providers and building capacity of providers to administer culturally specific services This bill would make various technical changes to round 3 and round 4 of the Homeless Housing, Assistance, and Prevention program. (6) Existing law establishes the Regional Early Action Planning Grants Program of 2021 for the purpose of providing regions with funding, including grants, for transformative planning and implementation activities, as defined. Existing law requires the Department of Housing and Community Development to develop and administer the program, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, and to distribute funds to specified eligible entities, upon appropriation, in accordance with specified requirements. Existing law requires that moneys appropriated for purposes of the program be allocated only to specified entities before any suballocation to other eligible entities. Under existing law, until December 31, 2022, an eligible entity may request an allocation of funds under the program by submitting an application that includes specified information, including, among other things, an allocation budget for the funds provided to it and an explanation of how the proposed uses will meet the definition of transformative planning and implementation activities. This bill would additionally require that the application for an allocation of funds under the program include an explanation of how proposed uses will advance equity by benefiting disadvantaged and historically underserved communities. Existing law requires that 85% of the amount appropriated for purposes of the program be available to specified regional entities, including, among others, the Metropolitan Transportation Commission and the Southern California Association of Governments. Existing law, commencing January 1, 2022, authorizes these specified regional entities to request up to 10% of the funding available to an entity under the program in advance of a full request to develop and accelerate the implementation of certain application requirements. This bill would expand the scope of regional entities eligible for the 85% of moneys appropriated for the program and to request up to 10% of their allocation, as described above, to include, among others, the Santa Barbara County Association of Governments, the Shasta County Regional Transportation Agency, and the Tahoe Regional Planning Agency. Existing law requires that 5% of the amount appropriated for purposes of the program be available to specified regional entities. Existing law authorizes the department to develop a streamlined application procedure that accounts for the limited resources generally among these regional entities. This bill would, instead, require that the 5% of moneys appropriated for the program and streamlined application process, as described above, be available to eligible entities located within specified counties. Existing law requires that a recipient of funds under the program expend those funds no later than June 30, 2024. Existing law also requires a recipient to submit annual reports to the department and to submit a final report no later than June 30, 2025, as provided. This bill would, instead, require that a recipient of funds under the program obligate those funds no later than June 30, 2024, and expend those funds no later than June 30, 2026. The bill would also extend the deadline to submit a final report under the program from June 30, 2025, to June 30, 2026. (7) This bill would appropriate $30,000,000, available for encumberance or expenditure through June 30, 2024, from the Labor and Workforce Development Fund for support of the Department of Industrial Relations for strategic enforcement focused on construction, alteration, and repair projects for publicly funded residential projects, including the Multifamily Housing Program. (8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Bill status signed all 5 stages cleared
Introduction
Jan 2021
Committee Review
Sep 2021
Assembly Passage
Feb 2021
Senate Passage
Sep 2021
Signed into Law
Sep 2021
Introduced Jan 8, 2021 Signed Sep 23, 2021
Floor votes · Senate Sep 9, 2021 · Assembly Feb 25, 2021

How they voted

280
Passed · 9 other
Total votes 37
Sep 9, 2021
D Democratic29
27 Yea 2
93% Yea
R Republican8
1 Yea 7
12% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
26
Key actions
6
Committee
5
Amendments
4
Sep 23, 2021
Signed into law
Approved by the Governor.
legislature
Sep 9, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3055.).
lower
Sep 9, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 9, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 0. Page 2578.).
upper
Sep 7, 2021
Upper · Passed
From committee: Do pass. (Ayes 13. Noes 0.) (September 7).
upper
Sep 5, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.
upper
Mar 11, 2021
Committee
Referred to Com. on B. & F.R.
upper
Feb 25, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 18. Page 499.)
lower
Feb 18, 2021
Committee
Re-referred to Com. on BUDGET.
lower
Feb 17, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.
lower
Jan 28, 2021
Committee
Referred to Com. on BUDGET.
lower
Jan 9, 2021
Lower · Passed
From printer. May be heard in committee February 9.
lower
Jan 8, 2021
Introduced
Introduced. To print.
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.