Bill Text: CA SB679 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Los Angeles County: affordable housing.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Passed) 2022-09-28 - Chaptered by Secretary of State. Chapter 661, Statutes of 2022. [SB679 Detail]

Download: California-2021-SB679-Amended.html

Amended  IN  Assembly  August 23, 2021
Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  April 19, 2021
Amended  IN  Senate  April 05, 2021
Amended  IN  Senate  March 22, 2021
Amended  IN  Senate  March 09, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 679

Introduced by Senator Kamlager
(Principal coauthor: Assembly Member Bloom)
(Coauthors: Senators Allen, Bradford, Durazo, Gonzalez, Hertzberg, Leyva, and Stern)
(Coauthors: Assembly Members Bryan, Carrillo, Friedman, Gipson, Holden, and Nazarian Nazarian, and Luz Rivas)

February 19, 2021

An act to add Title 6.9 (commencing with Section 64700) to the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 679, as amended, Kamlager. Los Angeles County: affordable housing.
Existing law provides for the establishment of various special districts that may support and finance housing development, including affordable housing special beneficiary districts that are authorized to promote affordable housing development with certain property tax revenues that a city or county would otherwise be entitled to receive.
Existing law, the San Francisco Bay Area Regional Housing Finance Act, establishes the Bay Area Housing Finance Authority to raise, administer, and allocate funding for affordable housing in the San Francisco Bay area, as defined, and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production.
This bill, the Los Angeles County Regional Housing Finance Act, would establish the Los Angeles County Affordable Housing Solutions Agency and would state that the agency’s purpose is to increase the supply of affordable housing in Los Angeles County by providing for significantly enhanced funding and technical assistance at a regional level for renter protections, affordable housing preservation, and new affordable housing production, as specified. The bill would require a board composed of 19 voting members and one nonvoting member from Los Angeles County, as specified, to govern the agency.
This bill would permit the board to determine its organizational structure and to delegate specified powers. The bill would require the board to form an oversight committee composed of 9 11 members and one nonvoting member to assist in the development of funding guidelines, implementation of agency programs, and approval of an expenditure plan, as specified. The bill would exempt the agency from the requirements of the Surplus Land Act. The bill would require the board to provide for regular audits of the agency’s accounts and records, including an independent financial and performance audit for bonds secured by ad valorem property taxes, and provide for financial reports. The bill would include findings that the provisions proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities within Los Angeles County, including charter cities.
This bill would authorize the agency to, among other things, raise and allocate new revenue, incur and issue bonds and other indebtedness, and place on the ballot in Los Angeles County and County, including all of its incorporated cities funding measures, in accordance with applicable constitutional and statutory requirements, to raise and allocate funds to the county, the cities in the county, and other public agencies and affordable housing projects within its jurisdiction for purposes of preserving and enhancing existing housing, funding renter protection programs, and financing new construction of housing developments, as specified.
In this regard, the bill would authorize the entity, among other things, to impose various special taxes, including a parcel tax and a documentary transfer tax, within its jurisdiction, and to issue general obligation bonds secured by the levy of ad valorem property taxes, in accordance with applicable constitutional requirements, and revenue bonds payable from the revenues of the agency, other than revenues generated from ad valorem property taxes. The bill would require that revenue generated by the agency pursuant to these provisions be used for specified housing purposes and would require the agency to distribute those funds in accordance with specified requirements, including the adoption of a regional expenditure an annual plan by the board. This bill would require that revenue be allocated according to a geographic distribution schedule, as specified.

Existing law defines “public works,” for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law further requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a willful violation of this requirement.

This bill would require that any construction project receiving funding under these provisions constitute a public work for which prevailing wages are required to be paid. Because the willful violation of prevailing wage requirements when engaged in these public works projects would result in the imposition of misdemeanor penalties, this bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for Los Angeles County.
By adding to the duties of local officials with respect to elections procedures for revenue measures on behalf of the agency, this bill would impose a state-mandated local program.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Title 6.9 (commencing with Section 64700) is added to the Government Code, to read:

TITLE 6.9. Los Angeles County Affordable Housing Solutions Agency

PART 1. Formation of the Los Angeles County Affordable Housing Solutions Agency and General Powers

CHAPTER  1. General Provisions

64700.
 This title shall be known, and may be cited, as the Los Angeles County Regional Housing Finance Act.

64701.
 The Legislature finds and declares the following:
(a) Los Angeles County is facing the most significant housing crisis in the region’s history, as tens of thousands of residents are living in overcrowded housing, being pushed out of their homes, spending hours driving every day to and from work, one paycheck away from an eviction, or experiencing homelessness.
(b) The impacts of Los Angeles County’s affordable housing crisis are disproportionately being borne by people of color, including Black, Latino, Asian and Pacific Islander Americans, and low-income residents.
(c) Women of color face an even greater burden due to systemic barriers, including wage discrimination, unsafe transit options, and lack of access to affordable childcare.
(d) Los Angeles County faces this crisis because, as a region, it has failed to produce enough housing at all income levels, particularly at the lowest levels of affordability, preserve affordable housing, protect existing residents from displacement, and address the housing issue throughout the county in a comprehensive fashion.
(e) Housing costs have dramatically outpaced wage growth. An average two-bedroom apartment in Los Angeles County requires a household income of forty-one dollars and ninety-six cents ($41.96) per hour.
(f) The housing crisis in Los Angeles County is regional in nature and too great to be addressed individually by the county’s 88 incorporated cities on their own, existing municipality-specific programming would benefit from a regional agency that could supplement the programming with additional supports and services, especially in the context of ambitious Regional Housing Needs Assessments goals – 341,000 affordable units in the sixth cycle, which the county as a whole is on track to produce 25,000.
(g) Seventy-nine percent of extremely low income households in Los Angeles County are paying more than half of their income on housing costs compared to just 3 percent of moderate-income households.
(h) However, the current process is anything but regional; instead each city and the county is each responsible for their own decisions around housing financing and renter protection programs.
(i) Based on the most recent regional housing needs assessment cycle, Los Angeles County faces an annual gap of 39,375 units between what is being created and what is needed to achieve the sixth cycle affordable housing countywide goals.
(j) A multistakeholder countywide agency is necessary to help address the affordable housing crisis in Los Angeles County by delivering supplementing resources and technical assistance at a regional scale, including:
(1) Generating new dedicated regional funding for critical capital and other supports for affordable housing developments across Los Angeles County. County to supplement, rather than supplant, existing funding.
(2) Providing staff support to local jurisdictions that require capacity or technical assistance to expedite the preservation and production of housing.
(3) Funding renter programs and services, such as emergency rental assistance and access to counsel, thereby relieving local jurisdictions of this cost and responsibility and supporting a unified countywide approach. counsel.
(4) Assembling parcels, acquiring land, and supporting community land trusts for the purpose of building affordable housing.
(5) Monitoring and reporting on progress at a regional scale.

64702.
 For purposes of this title:
(a) “Agency” means the Los Angeles County Affordable Housing Solutions Agency established pursuant to Section 64710.
(b) “Board” means the governing board of the Los Angeles County Affordable Housing Solutions Agency.
(c) “Los Angeles County” means the entire area within the territorial boundary of the County of Los Angeles.

64703.
 The Legislature finds and declares that providing a regional financing mechanism for affordable housing development, preservation, and renter protections in Los Angeles County, as described in this section and Section 64701, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this title applies to all cities within Los Angeles County, including charter cities.

CHAPTER  2. The Los Angeles County Affordable Housing Solutions Agency and Governing Board

64710.
 (a) The Los Angeles County Affordable Housing Solutions Agency is hereby established with jurisdiction extending throughout Los Angeles County. County, except that the agency shall only have jurisdiction to act in a supplemental capacity when a municipality has, as of January 1, 2022, an existing program that provides similar supports and services, and in no circumstances shall any functions of existing programs be transferred to or undertaken by the agency, nor shall the agency perform or undertake any functions related to supports and services provided to people experiencing homelessness, unless such supports and services are explicitly authorized by this chapter or are directly related to the provision of other supports and services authorized explicitly by this chapter.
(b) The formation and jurisdictional boundaries of the agency are not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5).
(c) The agency’s purpose is to increase the supply of affordable housing in Los Angeles County by providing for significantly enhanced funding and technical assistance at a regional level for renter protections, affordable housing preservation, and new affordable housing production of 100 percent affordable housing for households earning 80 percent of the appropriate area median income or below, with financing priority on the lowest levels of affordability.
(d) It is the intent of the Legislature that the The agency shall complement and supplement existing efforts by cities, counties, districts, and other local, regional, and state entities, related to addressing the goals described in this title.

64711.
 (a) The agency shall be governed by a board of directors composed of 19 voting members and one nonvoting member, as follows:
(1) Five members of the Los Angeles County Board of Supervisors. If the number of members of the Los Angeles County Board of Supervisors is increased, the agency shall, within 60 days of the increase, submit a plan to the Legislature for revising the composition of the agency.

(2)The mayor of the City of Los Angeles.

(3)The mayor of the City of Long Beach or the vice mayor of the City of Long Beach, as determined by the mayor of the City of Long Beach.

(4)One member of the public appointed by the chair of the Los Angeles County Board of Supervisors with demonstrated experience in affordable housing or renter protection policies or personal experience with housing instability, as selected from the candidates list prepared by the agency chief executive officer.

(5)Four members of the public appointed by the mayor of the City of Los Angeles, at least two being nonelected officials. The nonelected officials shall be selected from the candidates list prepared by the agency chief executive office.

(2) (A) The mayor of the City of Los Angeles.
(B) Three members appointed by the mayor of the City of Los Angeles, each of whom shall be either a member of the Los Angeles City Council or a housing expert or advocate.
(C) One member who is a city council member or a housing expert or advocate appointed by the President of the Los Angeles City Council.
(3) The mayor of the City of Long Beach or the vice mayor of the City of Long Beach, as determined by the mayor of the City of Long Beach.

(6)

(4) (A) Five Four members, each of whom shall be a mayor or a member of a city council, appointed by the Los Angeles County City Selection Committee. One member shall be from any sector and represent a city of less than 50,000 residents.
(B) For purposes of the selection of the remaining four members, members appointed pursuant to subparagraph (A), Los Angeles County, excluding the City of Los Angeles and City of Long Beach, shall be divided into the following four sectors:
(i) The North County and San Fernando Valley sector.
(ii) The Southwest Corridor sector.
(iii) The San Gabriel Valley sector.
(iv) The Southeast sector.
(C) The League of California Cities, Los Angeles Chapter and the League of California Cities, Los Angeles County Division, shall define the sectors. Every city within a sector shall be entitled to vote to select a candidate from that sector for consideration for appointment by the Los Angeles County City Selection Committee. A city’s vote shall be weighted in the same proportion that its population bears to the total population of all cities within the sector.
(D) The members appointed pursuant to this subdivision shall be appointed by the Los Angeles County City Selection Committee upon an affirmative vote of its members that represent a majority of the population of all cities within the county, excluding the City of Los Angeles and the City of Long Beach.
(E) The members selected by the city selection committee shall serve four-year terms with no limitation on the number of terms that may be served by any individual. The city selection committee may shorten the initial four-year term for one or more of the members for the purpose of ensuring that the members will serve staggered terms.

(7)The chair of the citizens’ oversight committee created by Section 64718.

(8)One member appointed by the San Gabriel Valley Council of Governments.

(5) (A) (i) The interim chair of the citizens’ oversight committee created by Section 64718.
(ii) The interim chair shall be selected by the three members described in subparagraph (A) of paragraph (6) and then submitted to the full board for approval.
(iii) The interim chair shall have lived or experienced homelessness or housing instability.
(B) The chair of the citizens’ oversight committee created by Section 64718 after the chair is elected pursuant to Section 64718.1, at which time the chair shall replace the interim chair described in subparagraph (A).
(6) (A) Until permanent expert members are selected, three members as follows:
(i) One member with expertise in affordable housing production, who shall be a designee from the Southern California Association of Non Profit Housing.
(ii) One member with expertise in affordable housing preservation, who shall be a designee from the Los Angeles Community Land Trust Coalition.
(iii) One member with expertise in renter protection and support, who shall be a designee from the steering committee for Stay Housed L.A. County.
(B) (i) The chief executive officer of the agency shall facilitate a selection process that results in three members as follows:
(I) One member with clear and demonstrated expertise in affordable housing production, including, but not limited to, affordable housing project finance and development.
(II) One member with clear and demonstrated expertise in affordable housing preservation, including, but not limited to, naturally occurring affordable housing, expiring affordability covenants, community land trusts, or related affordable housing preservation strategies.
(III) One member with clear and demonstrated expertise in renter protection and support, including, but not limited to, experience in advocating for or enforcing tenants’ rights.
(ii) (I) The chief executive officer of the agency shall create three lists, one for each subclause in clause (i), each with at least five candidates who satisfy the criteria of that subclause.
(II) Members of the public shall be entitled to submit their names for consideration or to nominate other persons for consideration by the chief executive officer of the agency for inclusion in the candidates list required by subclause (I).
(III) The candidates required by subclause (I) shall be subject to the agency’s conflict-of-interest policies.
(iii) The members described in clause (i) shall be selected by a vote of the 15 elected members of the board described in paragraphs (1) to (4), inclusive, from the lists created pursuant to this clause.

(9)

(7) The Executive Director of the Southern California Association of Regional Governments shall be a nonvoting member.
(b) If the population of the City of Los Angeles, at any time, becomes less than 35 percent of the combined population of all cities in the county, the position of one of the two public three members appointed pursuant to subparagraph (B) of paragraph (5) (2) of subdivision (a), as determined by the mayor of the City of Los Angeles by lot, shall be vacated, and the vacant position shall be filled by appointment by the city selection committee pursuant to paragraph (6) (4) of subdivision (a) from a city not represented by any other member appointed pursuant to paragraph (6) (4) of subdivision (a).
(c) The board members specified in paragraphs (1) to (9), (4), inclusive, of subdivision (a) may each appoint an alternate member to the agency to represent, at a meeting of the agency, a regular member it has appointed, but only if the regular member cannot attend the meeting.
(d) For purposes of this section, an alternate member shall be:
(1) In the case of the member of the City Council of the City of Los Angeles appointed by the mayor of the City of Los Angeles, any person appointed by the mayor with the consent of the city council. If the alternate member is a member of the city council, then consent of that city council is not necessary.
(2) In the case of any public members, any persons designated by the appointing member. member so long as that person is a resident of Los Angeles County.

(e)The chief executive officer shall prepare a list for any board members that have the responsibility to appoint other board members. The list shall include qualified individuals with demonstrated experience in affordable housing or renter protections policies or personal experience with housing instability. The goal is that board members have expertise in renter protections and support, affordable housing preservation, and affordable housing production.

(f)

(e) The board shall designate a chair, vice chair, and second vice chair, as well as establish guidelines for designation process and the length of term. term of each office.

(g)

(f) (1) A member of the board may receive a per diem for each board meeting that the member attends. The board shall set the amount of that per diem for a member’s attendance, but that amount shall not exceed one hundred dollars ($100) per meeting. A member shall not receive a payment for more than two meetings in a calendar month.
(2) A board member may waive a payment of per diem authorized by this subdivision.
(3) Out-of-state travel and conference travel shall be compensated by the board member’s home city or county.
(h) In addition to the requirements under subdivision (i), the agency shall engage in public participation processes, which shall include the following:
(1) Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, including, but not limited to, affordable housing and homelessness advocates, nonprofit developers, neighborhood and community groups, environmental advocates, equity organizations, home builder representatives, and business organizations.
(2) Holding at least one public meeting regarding any relevant plan or proposals being considered by the agency. The agency shall hold any such meeting at a time and a location convenient for members of the public. The agency shall require proactive community engagement related to any project or development funded by the agency, in advance of any public meeting or notice of impending action, with a focus on residents of an impacted building and immediately adjacent residents. The agency shall give public notice, through posting on the internet, of any plans or projects funded directly by the agency or by any eligible jurisdiction, at least 30 days in advance of that action. The agency shall place each plan or proposal under consideration on a meeting agenda of the board for discussion at least 30 days before the board takes action. staff may hold a public meeting where deemed appropriate, at a time and a location convenient for members of the public for any project that receives funding from the agency either through the agency itself or a local jurisdiction. The board may choose to hold a public meeting to discuss a project or development when appropriate.
(3) A process for enabling members of the public to provide a single an annual written request to receive agency notices, information, and updates.
(i) (1) Members of the board are subject to Article 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5.
(2) The agency shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).

64711.1.
 Notwithstanding paragraph (5) of subdivision (a) of Section 64711, if a member appointed by the mayor of the City of Los Angeles is not a member of the city council of that city, the person appointed may serve for 60 days without consent of the city council.

64711.2.
 Every member of the board is subject to Section 87100. 87200.

64711.3.
 (a) Except as provided in subdivision (b), each member of the board shall serve a term of four years or until a successor is appointed and qualified. A member may be removed at the pleasure of the appointing entities described in subdivision (a) of Section 64711. A member may that is not an elected official shall only be reappointed for one additional term.
(b) The membership of any member serving on the agency as a result of holding another public office shall terminate when the member ceases holding the other public office.

64711.4.
 (a)  The board shall appoint a full-time chief executive officer who shall act for the agency under its direction and perform those duties delegated by the agency.
(b) The chief executive officer shall be appointed to a renewable term of four years and shall be removed from office only upon the occurrence of one or both of the following:
(1) A two-thirds majority of the members of the agency board votes for removal.
(2) The board determines that the chief executive officer violates a federal or state law, regulation, local ordinance, or policy or practice of the agency, relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions.
(c) The agency shall appoint a general counsel, inspector general, and board secretary.

64711.5.
 (a) The board shall appoint an inspector general to a renewable term of office of four years. The inspector general shall be removed from office only if either or both of the following occur: by a two-thirds vote of the members of the board if the board determines that the inspector general violates a federal or state law or regulation, a local ordinance, or a policy or practice of the agency, relative to ethical practices, including, but not limited to, acceptance of gifts or contributions.

(1)A two-thirds majority of the members of the board votes for removal.

(2)The inspector general violates a federal or state law or regulation, a local ordinance, or a policy or practice of the agency, relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions.

(b) The inspector general shall, at a noticed public hearing of the agency, report quarterly on the expenditures of the agency for travel, meals and refreshments, private club dues, membership fees and other charges, and any other expenditures specified by the agency.
(c) Any investigatory file compiled by the inspector general is an investigatory file compiled by a local law enforcement agency subject to disclosure pursuant to subdivision (f) of Section 6254.

64712.
 (a) The agency may determine its organizational structure, which may include, but is not limited to, the establishment of departments, divisions, subsidiary units, or similar entities. Any department, division, subsidiary unit, or similar entity established by the agency shall be referred to in this chapter as an “organizational unit.”
(b) The board may administratively delegate to an organizational unit or to its chief executive officer any powers and duties it deems appropriate. Powers and duties that may be delegated to an organizational unit include, but are not limited to, the following:
(1) Approval of contracts, except the final approval of labor contracts, beyond a certain amount set by the board. contracts up to authority limits established by the board, except that final approval of labor contracts shall require board approval.
(2) Hearing and resolving bid protests.

64713.
 (a) In light of the purpose of the agency, it the agency shall be exempt from Chapter 5 (commencing with Section 54220) of Part 1 of Division 2 of Title 5.
(b) Notwithstanding subdivision (a), the agency shall be deemed a local public entity, as defined in Section 50079 of the Health and Safety Code, for the purposes of receiving notice of the disposing of surplus land by a local agency, pursuant to paragraph (1) of subdivision (a) of Section 54222.

64714.
 The members of the board shall be appointed by April 1, 2022. The agency shall have no powers, duties, or responsibilities until April 1, 2022.

64715.
 A member of the board shall exercise independent judgment on behalf of the interests of the residents, the property owners, and the public of Los Angeles County in furthering the intent and purposes of this title.

64716.
 (a) The board shall hold its first meeting at a time and place within Los Angeles County fixed by the Los Angeles County Clerk, as a ministerial duty.
(b) After the first meeting described in subdivision (a), the board shall hold meetings at times and places determined by the board.

64717.
 (a) The board may make and enforce rules and regulations necessary for governing the board, the preservation of order, and the transaction of business.
(b) In exercising the powers and duties conferred on the agency by this title, the board may act by ordinance or resolution. ordinance, resolution, or minute action.

64717.5.
 (a) Five years after the voters approve an initial ballot measure pursuant to Section 64721, the board shall review the implementation of the measure. The review shall include the following:

(a)

(1) An analysis of the expenditures to date.

(b)

(2) The number of affordable housing units produced and preserved at different household income levels.

(c)

(3) The tenant protection services provided, and the role of the agency.
(b) No earlier than five years after approval of a funding measure under Chapter 2 (commencing with Section 64810) and subject to consultation with the agreement of the citizens’ oversight committee by a two-thirds vote, the board may change any of the minimum requirements in subdivision (d) of Section 64830 if the board adopts a finding that both allocated funding has been unspent in a given category across multiple years and the region’s needs in a given category differ from those requirements. The board is required to approve the finding by a two-thirds vote. Approval of the finding shall be subject to the public participation requirements provided in subdivision (h) of Section 64711.
(c) (1) The board shall, after the citizens’ oversight committee approves the annual expenditure plan, adopt the annual expenditure plan for the use of housing revenue by July 1 of each year, except the board shall select the deadline to adopt the first annual expenditure plan. To support long-term planning, the annual expenditure plan may cover multiple years, as determined by the board. In the event any of the planned annual expenditures do not correspond to actual expenditures that meet the minimum annual expenditure requirements set forth in this chapter, the board shall ensure subsequent expenditure plans account for previous underspending so that the average spending over at least a three-year budget period achieves the minimum annual expenditure set forth in this chapter.
(2) The annual expenditure plan shall set forth the share of revenue and estimated funding amount to be spent on each of the categories established in subdivision (d) of Section 64830, indicate the household income levels to be served within each category of expenditures, and estimate the number of affordable housing units to be built or preserved and the number of tenants to be protected. To the extent feasible, the annual expenditure plan shall include a description of any specific project or program proposed to receive funding, including the location, amount of funding, and anticipated outcomes.

64718.
 (a) The board shall form a citizens’ oversight committee that adheres to the guiding principles of ensuring that the region produce enough housing at all income levels, particularly at the lowest levels of affordability, while preserving affordable housing, and protecting residents from displacement. The committee shall be composed of nine 11 voting members and 1 nonvoting member with knowledge and experience in the areas of affordable housing finance and development, or tenant protection, and or housing preservation. The citizens’ oversight committee shall assist meet as necessary and provide substantial assistance in the development of funding guidelines and the overall implementation of agency programs. The committee shall have a vote to approve the annual organizational expenditure plan prior to approval by the board pursuant to subdivision (e) of Section 64830. The committee shall report directly to the board and the public. Consistent with the provisions of this chapter, the committee shall provide consultation and make recommendations to the board. The committee shall meet as often as is necessary to fulfill its roles and responsibilities.
(b) Committee members shall carry out the responsibilities laid out in this section and play a valuable and constructive role in the ongoing improvement and enhancement of the agency. Committee members will offer their unique knowledge and experience in the areas of affordable housing finance and development, tenant protection, and housing preservation. The committee members shall meet the following requirements:

(1)At least two committee members shall have substantial knowledge and experience in tenant protections.

(2)At least two committee members shall have substantial knowledge and experience in housing finance, development, and preservation.

(3)

(1) All members shall reside in Los Angeles County.

(4)

(2) All members shall be subject to conflict-of-interest provisions. No person currently serving as an elected or appointed city, county, special district, state, or federal public officeholder officeholder, or currently employed by a city or county agency, shall be eligible for membership on the committee.
(3) In addition to all conflict-of-interest provisions all members shall be required to divest of any investments from which their participation on the committee may further their personal or institutional financial interests.
(c) A person may apply to the office of the inspector general to become a member of the committee. The office of the inspector general shall select the members of the committee by October 1, 2022. a date set by the board. The committee shall have at least one member representing each of the following professions or areas of expertise, except as provided in subdivision (d):
(1) A professional from person with experience in the field of municipal or public finance or and budgeting with a minimum of 10 five years of relevant experience. experience in that field.
(2) A housing development professional with a minimum of 10 years of experience person with experience in senior-level decision making in affordable housing development, preservation, and operations. operations and with a minimum of five years of relevant experience in that field.
(3) A person with experience in housing finance professional and with a minimum of 10 five years of experience. experience in that field.
(4) A A person with experience in tenant rights professional with a minimum of 10 years of experience. organizing or advocacy and with a minimum of five years of experience in that field.
(5) A professional with a minimum of 10 years of experience in housing seniors or people with disabilities. person with experience in housing seniors or people with disabilities and with a minimum of five years of experience in that field.
(6) A professional with a minimum of 10 years of experience in advancing fair housing rights. person with experience as a legal expert advancing or enforcing fair housing policies on behalf of a community-based organization and with a minimum of five years of experience in that field.
(7) A professional person with demonstrated experience of 10 years or more in the management of large-scale housing construction projects and associated labor practices. practices and with a minimum of five years of experience in that field.
(8) Two persons A person with lived experience of 10 years or more as a low- or moderate-income tenant or 3 years or more (minimum five years) experiencing homelessness. homelessness (minimum one year).
(9) A person with lived experience as a low- or moderate-income tenant (minimum five years) or experiencing homelessness (minimum one year).
(10) A recognized representative of employees at the Los Angeles Homeless Services Authority.
(11) A person with experience in managing, forming, serving, or operating community land trusts or community development corporations and with a minimum of five years of experience in that field.
(12) A young person between 18 and 24 years of age with demonstrated lived experience of homelessness, experience as a low- or moderate-income tenant, or demonstrated experience as an organizer or advocate for tenant rights with community based organizations, who shall be a nonvoting member.
(d) If, after making a good faith effort to select individuals who meet the requirements of subdivision (c), the office of the inspector general is unable to identify individuals who meet the requirements of subdivision (c), then no more than two members from one or more of the remaining areas of expertise may be selected. selected, except in the case of paragraphs (8) and (9) of subdivision (c), which positions shall remain vacant until filled.
(e) A committee member may be removed from their position if a majority of the committee members votes for removal upon finding that the committee member has violated a federal or state law, a regulation, a local ordinance, or a policy or practice of the agency, relative to ethical practices.

64718.1.
 (a) The members of the citizens’ oversight committee shall elect a chair and vice chair at the first official meeting of the citizens’ oversight committee. The committee members shall be subject to the agency’s conflict-of-interest policies. The members shall have no legal action pending against the agency and are prohibited from acting in any commercial activity directly or indirectly involving the agency, such as being a consultant to the agency or to any party with pending legal actions against the agency during their committee tenure. Committee members shall not have direct commercial interest or employment with any public or private entity that receives funds authorized by this title.

(b)The committee members shall be subject to agency’s conflict-of-interest policies. The members shall have no legal action pending against the agency and are prohibited from acting in any commercial activity directly or indirectly involving the agency, such as being a consultant to agency or to any party with pending legal actions against the agency during their tenure on this committee. Committee members shall not have direct commercial interest or employment with any public or private entity that receives funds authorized by this title.

(c)

(b) The committee members shall receive a reasonable stipend as compensation, which shall be set by the office of the inspector general and shall be subject to board approval. A member may choose to waive this stipend in its entirety.
(d)Each member of the committee shall serve for a term of five years, and until a successor is appointed, except that initial appointments may be staggered with terms of three years. A committee member may be removed at any time by the appointing authority. Term limits for committee members will be staggered to prevent significant turnover at any one time. There shall be no limit to the number of terms that a committee member may serve. years as proposed by the inspector general.
(c) A committee member shall serve no more than two terms on the committee.

(e)

(d) Any member may, at any time, resign from the committee upon written notice delivered to the agency. Acceptance of any public office, the filing of intent to seek public office, including a filing under Section 85200, or change of residence to outside Los Angeles County shall constitute a member’s automatic resignation.
(e) The members shall elect a chair and vice chair at the first meeting of the citizens’ oversight committee. The chair and vice chair shall each serve a renewable one-year term for as long as the chair or vice chair is eligible to serve on the commission.

64718.2.
 The committee shall, at a minimum, meet on a quarterly basis to carry out its responsibilities and is hereby charged with the following responsibilities:
(a) The committee will shall have the annual responsibility to consider and approve the annual expenditure plan pursuant to subdivision (e) of Section 64830 as a precondition to approval by the full board of directors.
(b) The agency Each recipient of revenue under this title shall contract for an annual audit, to be completed within six months after the end of the fiscal year being audited, for the purpose of determining compliance by the agency recipient with the provisions of this title relating to the receipt and expenditure of revenues during the fiscal year. At least one representative of the committee will be involved in the solicitation and selection process of the auditors. Selection of the auditors will follow the board-approved procurement and solicitation policies. The committee shall review the results of the audit performed and make findings as to whether agency is in compliance with the terms of the bill. Such findings shall include a determination as to whether recipients of revenues allocated and funds were expended have complied with this bill and any additional guidelines developed by the agency. The audit should include a determination as to whether revenue recipients have complied with this title and any additional guidelines developed by the agency. The committee shall prepare an annual report on the results of the annual audit, any findings made, and report the comments to the agency board. The audit shall be required by any contract between the agency and any recipient. The board may establish standards for these audits, and the committee may provide input on the standards for recipients that are not public agencies. Audits of public agencies shall comply with generally applicable standards. The committee shall review the results of the audits and prepare an annual report on the audits.

(c)The committee shall review the comprehensive program assessment of the expenditure plan every five years and make findings and recommendations for improving the program. The results of this assessment will be presented to the board.

(d)

(c) The agency, led by the Office of the Inspector General, General and in partnership with the Citizens Oversight Committee, shall conduct a comprehensive review of all projects and programs implemented under the expenditure plan every five years. The review shall evaluate project and program performance and make recommendations to improve plan performance, based on current practices, best practices, and organizational changes that could improve coordination.

(e)

(d) The agency shall establish an internet website dedicated to the oversight of this title. The internet website shall include all pertinent information for the public. the agency’s periodic financial reports and its current adopted plans required by this title. The committee shall review all audits and hold an annual public hearing to report on the results of the audits. All audit reports, findings, and recommendations shall be made accessible to the public on the internet website prior to the public hearing and upon request.

(f)

(e) The committee may review all of the following, in its discretion:
(1) For each agency area of focus, the efficiency and effectiveness of the agency’s use of funds.
(2) For local direct allocations of funding, funding pursuant to subdivision (b) of Section 64830.5, the programmed revenues and uses for each local jurisdiction.
(3) The percentage of the expenditure plan expenditures compared to project milestone completion.

CHAPTER  3. Powers of the Los Angeles County Affordable Housing Solutions Agency

64720.
 In implementing this title, the agency may do all of the following:
(a) Place on the ballot in Los Angeles County and County, including all of its incorporated cities cities, funding measures, in accordance with applicable constitutional and statutory requirements, to raise and allocate funds to Los Angeles County, the cities in Los Angeles County, and other public agencies and affordable housing projects within its jurisdiction for purposes of preserving and enhancing existing housing, funding renter protection programs, and financing new construction of housing developments that are 100 percent affordable to households earning 80 percent of the relevant area median income or below, with a priority on the lowest levels of affordability.
(b) Apply for and receive grants from federal and state agencies.
(c) Incur and issue indebtedness and assess fees on the purchaser of any debt issuance and agency loan products for reinvestment of those fees and loan repayments in affordable housing production and preservation in accordance with applicable constitutional requirements.
(d) Incur debt and issue bonds and otherwise incur liabilities or obligations in accordance with Article 2 (commencing with Section 64820) of Chapter 2 of Part 2, and in accordance with applicable constitutional requirements.
(e) Solicit and accept gifts, fees, grants, and other allocations from public and private entities.
(f) Deposit or invest moneys of the agency in banks or financial institutions in the state.
(g) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(h) Engage counsel and other professional services.
(i) Enter into and perform all necessary contracts.
(j) Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).
(k) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties.
(l) Assemble parcels and lease, purchase, or otherwise acquire land for housing development. Sell or dispose of land or assets consistent with the agency’s purpose and eligible activities or where a parcel under the agency’s control is deemed to be inappropriate for housing development.
(m) Collect data on housing production and monitor progress on meeting regional and state housing goals.
(n) Provide support and technical assistance to local governments in relation to producing and preserving affordable housing.
(o) Provide public information about the agency’s housing programs and policies.
(p) Act in compliance with the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584)) of Chapter 5 of Division 7 of Title 1.
(q) Allocate and deploy capital and generated fees or income in the form of grants, loans, equity, interest rate subsidies, and other financing tools to the cities and other public agencies within the Los Angeles County area, and private affordable housing developers to finance affordable housing development, preserve and enhance existing affordable housing, and fund tenant protection programs, pursuant to this title, in accordance with applicable constitutional requirements.
(r) Collaborate with staff employed by the Los Angeles Metropolitan Transportation Authority with shared planning and services.
(s) Any other express or implied powers necessary to carry out the intent and purposes of this title.

64720.5.

(a)Any construction project receiving funding or financing from the agency, or from a measure proposed by the agency pursuant to subdivision (a) of Section 64720, or from a joint powers authority of which the agency is a member, shall constitute a public work for which prevailing wages shall be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(b)As a condition of providing funding or financing for a construction project, the agency and any joint powers authority of which the agency is a member, shall obtain an enforceable commitment from the recipient that all contractors and subcontractors at every tier performing work on the project shall use a skilled and trained workforce to perform all work on the project that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

(c)A public agency that uses funding from the agency, or from a measure proposed by the agency pursuant to subdivision (a) of Section 64720, to provide funding or financing for a construction project, shall require the developer or direct contractor to provide an enforceable commitment to the public agency that all contractors and subcontractors at every tier performing work on the project shall use a skilled and trained workforce to perform all work on the project that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

(d)

Subdivisions (b) and (c) shall not apply if all contractors and subcontractors at every tier performing work on the project are bound by a project labor agreement to use a skilled and trained workforce to perform the work. For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

64721.
 (a) If the agency or a qualified voter initiative proposes a measure pursuant to subdivision (a) of Section 64720 that will generate revenues, the board of supervisors of Los Angeles County shall call a special election on the measure. The special election shall be consolidated with the next regularly scheduled a statewide election and the measure shall be submitted to the voters of Los Angeles County.
(b) (1) For the purpose of placement of a measure on the ballot, the agency is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the agency or by a qualified voter initiative that requires voter approval shall be submitted to the voters of Los Angeles County, as determined by the agency, in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.
(2) Because the agency has no revenues as of the operative date of this section, the appropriations limit for the agency shall be originally established based on receipts from the initial measure that would generate revenues for the agency pursuant to subdivision (a), and that establishment of an appropriations limit shall not be deemed a change in an appropriations limit for purposes of Section 4 of Article XIII B of the California Constitution.
(c) (1) Notwithstanding Section 10520 of the Elections Code, for any election at which the agency or a qualified voter initiative proposes a measure pursuant to subdivision (a) of Section 64720 that would generate revenues, the agency shall reimburse Los Angeles County for the incremental costs incurred by the county elections official related to submitting the measure to the voters with any eligible funds transferred to the agency.
(2) For purposes of this subdivision, “incremental costs” include all of the following:
(A) The cost to prepare, review, and revise the impartial analysis of the measure.
(B) The cost to prepare a translation of ballot materials into a language other than English by the county.
(C) The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in Los Angeles County, including both of the following:
(i) The printing and mailing of ballot materials.
(ii) The canvass of the vote regarding the measure pursuant to Division 15 (commencing with Section 15000) of the Elections Code.
(d) Notwithstanding Section 9313 of the Elections Code, the legal counsel for the board shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the board shall be subject to review and revision by the county counsel.
(e) The summary of the regional annual expenditure plan shall be prepared by the board and include all of the following:
(1) A description of the purpose and goals of the measure.
(2) A description of the categories of eligible expenditures to be funded.
(3) An estimate of the number of affordable housing units to be built or preserved by household income category served, and a description of any specific projects planned to be funded.
(4) An estimate of minimum funding levels to be provided to different expenditure categories.
(5) An overview of decisionmaking and oversight provisions applicable to the funds.
(f) The county elections official for Los Angeles County shall serve as the elections official of the agency for purposes of administering the ballot measure process and any election for the purposes set forth in this chapter. In the alternative, the board, at its discretion, may appoint an elections official to administer any election for the purposes set forth in this chapter. If the board appoints an elections official, the board may authorize that elections official to retain the services of the elections official of Los Angeles County to administer the ballot measure process and any election, and the elections official of Los Angeles County shall perform those services.

64722.
 The board and the agency shall not do either of the following:
(a) Regulate or enforce local land use decisions.
(b) Acquire property by eminent domain.

CHAPTER  4. Financial Provisions

64730.
 The board shall provide for regular audits of the agency’s accounts and records, shall maintain accounting records, and shall report accounting transactions in accordance with generally accepted accounting principles adopted by the Governmental Accounting Standards Board of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller.

64731.
 The board shall provide for annual financial reports. The board shall make copies of the annual financial reports available to the public.

PART 2. Financing Activities of the Los Angeles County Affordable Housing Solutions Agency

CHAPTER  1. General Provisions

64800.
 (a) The agency agency, either directly or through qualified voter initiative, may raise and allocate new revenue through all of the following funding mechanisms:
(1) Special taxes, subject to voter approval, as provided in Article 1 (commencing with Section 64810) of Chapter 2, as follows:
(A) A parcel tax, as provided in Section 64810.
(B) A gross receipts business license tax, as provided in Section 64811.
(C) A documentary transfer tax, as provided in Section 64813.
(2) The issuance of bonds, including, but not limited to, general obligation bonds, revenue bonds, mortgage revenue bonds, and private activity bonds as provided in Article 2 (commencing with Section 64820) of Chapter 2, in accordance with applicable constitutional requirements.
(b) It is the intent of the Legislature that the funding measures authorized by this subdivision distribute the responsibility for addressing the affordable housing needs of the region across commercial developers, taxpayers, and property owners within the region.

CHAPTER  2. Revenue
Article  1. Special Taxes

64810.
 (a) Subject to Section 4 of Article XIII A of the California Constitution, and qualified voter initiative, or approval by the board before the agency takes action to approve the placement of a measure on the ballot, board, the agency may impose, by resolution, resolution or by ordinance, a parcel tax within the Los Angeles County area pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 64721, and any other applicable procedures provided procedures applicable by law.
(b) (1) For purposes of this section, “parcel tax” means a special tax imposed upon a parcel of real property at a rate that is determined without regard to that property’s value and that applies uniformly to all taxpayers or all real property within the jurisdiction of the local government. “Parcel tax” does not include a tax imposed on a particular class of property or taxpayers. A tax applies uniformly for purposes of this subdivision if a common measure and rate of tax are applied to all property zones or used for residential purposes notwithstanding that a different measure and rate of tax are applied to all property zoned or used for nonresidential purposes.
(2) A tax applies uniformly for the purposes of this subdivision if a common measure and rate of tax is applied to all property zoned or used for residential purposes notwithstanding that a different measure and rate of tax is applied to all property zoned or used for nonresidential purposes.
(c) The agency shall provide notice of any parcel tax imposed pursuant to this section in the manner specified in Section 54930.
(d) Thereafter, the amount of the lien tax shall be collected at the same time, and in the same manner, as ordinary city taxes the ad valorem taxes on real property authorized by Section 1 of Article XIII   A of the California Constitution are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city those taxes. All laws applicable to the levy, collection, and enforcement of city taxes and county taxes the ad valorem taxes on real property authorized by Section 1 of Article XIII   A of the California Constitution are hereby made applicable to the special assessment taxes.

64811.
 (a) (1) The agency may impose, subject to approval by the board before the agency takes action to approve the placement of a measure on the ballot, by resolution, resolution or by ordinance, or via action by the designated elections official, a special tax, measured by gross receipts, for the privilege of engaging in any kind of lawful business transacted in the Los Angeles County area pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 64721, and any other applicable procedures provided by law.
(2) The resolution imposing a special tax pursuant to this subdivision may provide for the following:
(A) Variable rates based on the business sector of each person subject to the tax.
(B) Exemptions for small businesses.
(C) Collection of the tax by suit or otherwise.
(b) If the agency levies a special tax pursuant to subdivision (a) upon a business operating both within and outside the agency’s taxing jurisdiction, the agency shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction.
(c) A special tax levied pursuant to subdivision (a) shall not apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyman, Christian Science practitioner, rabbi, or leader of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section.

64812.
 Taxes levied pursuant to Section 64811 shall be collected in the following manner:
(a) County tax collectors The county tax collector shall be responsible for collecting the tax revenue.

(b)The county levying the tax shall prepare a tax return.

(c)

(b) The county shall create policies and procedures necessary to collect tax revenue, including, but not limited to, policies that achieve both of the following:
(1) Ensure adequate enforcement of taxes levied pursuant to Section 64811.
(2) Provide subjects of a tax with an opportunity to appeal the amount of tax owed.

64813.
 Subject to Section 4 of Article XIII A of the California Constitution, and approval by the board before the agency takes action to approve the placement of a measure on the ballot, the agency may impose, by resolution, either the designated elections official or the board may act by resolution or by ordinance to place a measure on the ballot seeking voter approval of a special documentary transfer tax within the Los Angeles County area, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code, and any other applicable procedures provided by law. provided, however, that the agency’s tax shall be in addition to any city or county tax under that section and not subject to the limit provided in Section 11911 of the Revenue and Taxation Code.

64814.
 All special taxes levied pursuant to this article shall be administered in the following manner:
(a) Taxes collected shall be deposited in a separate fund, which shall be established in the treasury of the county and used only as prescribed by this section.
(b) The county shall transfer moneys intended for regional projects pursuant to Section 64830 from the fund to the agency periodically as promptly as feasible. The transmittals shall be made at least twice in each calendar quarter.

Article  2. Bonds

64820.
 The board may, by majority vote, initiate proceedings to issue general obligation bonds pursuant to this chapter by adopting a resolution or ordinance stating its intent to issue the bonds.

64821.
 (a) The agency may incur general obligation bonded indebtedness, secured by the agency, with approval of two-thirds of the voters, may levy of ad valorem property taxes, taxes to secure debt pursuant to paragraph (2) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, for the acquisition or improvement of real property or for funding or refunding of any outstanding indebtedness in connection with the acquisition or improvement of that real property. Constitution.
(b) For purposes of incurring general obligation bonded indebtedness pursuant to this subdivision, the agency shall comply with the requirements of Chapter 3 (commencing with Section 53400) of Part 1 of Division 2 of Title 5.

64822.
 (a) (1) For purposes of this section, “agency revenues” includes, without limitation, revenues generated by any special tax, fee, or charge imposed by the agency, other than ad valorem property taxes.
(2) The agency may issue revenue bonds, payable from agency revenues, in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5), for the purposes set forth in this title and in any resolution adopted by the agency, board, or measure adopted by voters, in connection with the generation of agency revenues or imposition of those special taxes, fees, or other charges. For purposes of issuing revenue bonds pursuant to this section, the special taxes, fees, or other charges described in the previous sentence shall constitute an “enterprise” within the meaning of Section 54309.
(3) To exercise the powers described in this section, the agency shall ensure that any regional annual expenditure plan summary prepared pursuant to Section 64721 related to voter approval of a special tax under this title notifies the voters that proceeds from the special tax may be used as payment for revenue bonds.
(4) For purposes of this section, the agency shall be deemed to be a local agency within the meaning of Section 54307. Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 and the limitations on the rate of interest set forth in subdivision (b) of Section 54402 do does not apply to the issuance and sale of bonds pursuant to this section. Instead, the agency shall authorize the issuance of bonds by resolution at any time, and from time to time, which shall specify all of the following:
(A) The purposes for which the bonds are to be issued.
(B) The maximum principal amount of the bonds.
(C) The maximum term for the bonds.
(D) (i) The maximum rate of interest to be payable upon the bonds, which shall not exceed the maximum rate permitted for bonds of the agency by Section 53531 or any other applicable provisions of law.
(ii) In the case of bonds bearing a variable interest rate, the variable rate shall not, on any day, exceed the maximum rate permitted for bonds of the agency by Section 53531 or any other applicable provisions of law. However, the variable interest rate may, on any day, exceed that maximum rate in clause (i), if the interest paid on the bonds from their date of original issuance to that day does not exceed the total interest that would have been permitted if the bonds had borne interest at all times from the date of issuance to that day at the maximum rate permitted from time to time by Section 53531 or any other applicable provisions of law.
(E) The maximum original issue premium or discount on the sale of the bonds.
(F) The denomination or denominations of the revenue bonds, which shall not be less than five thousand dollars ($5,000).
(b) The resolution may also contain any other matters authorized by this chapter or any other law.
(c) The revenue bonds may be sold at public or private sale or on a negotiated sale basis and at the prices, above or below par, as determined by the board.
(d) The revenue bonds, or each series thereof, shall be dated and numbered consecutively and shall be signed by the executive director of the agency, whose signature may be printed, lithographed, or mechanically reproduced. If any officer whose signature appears on the revenue bonds ceases to be that officer before the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office.
(e) This section provides a complete, additional, and alternative method or the issuance of revenue bonds by the agency. An issuance does not need to comply with the procedures specified elsewhere in this article or other laws, but shall instead be issued in accordance with the procedures specified in this article. shall, if bonds are issued pursuant to this article, be issued in accordance with this article.

64822.5.
 The agency may issue mortgage revenue bonds pursuant to Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code, and other applicable law.

64822.7.
 The agency may issue private activity bonds pursuant to Chapter 11.8 (commencing with Section 8869.80) of Division 1 of Title 2, and other applicable law. the Tax Reform Act of 1986 (Public Law 99-514) and Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009, as it read prior to repeal (26 U.S.C. Secs. 54a and 1400U-1).

64823.
 (a) The agency or any person executing the bonds issued pursuant to this title shall not be personally liable on the bonds by reason of their issuance.
(b) The bonds and other obligations of the agency are not a debt of any city or Los Angeles County, or any of its affiliated entities, or of the state or of any of its political subdivisions, other than the agency, and neither a city or county nor the state or any of its political subdivisions, other than the agency, shall be liable on the bonds, and the bonds or obligations shall be payable exclusively from funds or properties of the agency, as specified in the applicable bond or other security document. debt instrument. Bonds issued pursuant to this title shall contain a statement to this effect on their face.
(c) If the signature of any member of the agency or staff member of the agency appears on bonds issued pursuant to this title, and that individual ceases to be a member of the agency or staff member of the agency before delivery of the bonds, that member’s signature shall be as effective as if the member had remained in office.

64824.
 (a) Every two years after the issuance of bonds pursuant to this section, the agency shall contract for an independent financial and performance audit. The audit shall be conducted according to guidelines established by the Controller. A copy of the completed audit shall be provided to the Controller, the Director of Finance, and the Joint Legislative Budget Committee.
(b) Upon the request of the Governor or the Legislature, the Bureau of State Audits may conduct a financial and performance audit of the agency. The results of any audit shall be provided to the board, the Controller, the Director of Finance, and the Joint Legislative Budget Committee.

64825.
 Bonds issued pursuant to this article are fully negotiable.

64826.
 Any action to determine the validity or adoption of any tax, fee, or other charge provided for in, or the validity of bonds issued pursuant to, this title, or any of the proceedings, contracts, agreements, or other arrangements or matters entered into, shall be commenced within 60 days from date of the election or the adoption of the resolution approving those matters, as applicable, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. After that date, the adoption of that tax, fee, or other charge, the issuance of the bonds, and all proceedings in relation thereto, shall be held valid and incontestable in every respect.

CHAPTER  3. Expenditures

64830.
 (a) Revenue generated pursuant to this part shall be used for the construction of new affordable housing, affordable housing preservation, tenant protection programs, planning and technical assistance related to affordable housing, and for other purposes, as provided for in this section.
(b) For purposes of this section, “regional housing revenues” are those revenues generated pursuant to this Chapter 2 (commencing with Section 64810).
(c) The allocation of regional housing revenues to projects and programs shall be approved by the board.
(d) Subject to funding eligibility and adjustment pursuant to paragraph (4), subdivision (b) of Section 64717.5, the agency shall distribute regional housing revenue in the form of a grant, loan, or other financing tool pursuant to subdivision (q) of Section 64720 in a manner that achieves the following minimum shares over five-year periods commencing after revenue is approved by voters as follows: in the annual expenditure plan:
(1) A minimum of 50 40 percent of the annual programmatic budget, excluding any bond indebtedness, shall be spent on affordable housing creation, preservation, and ownership as follows:
(A) The following conditions shall apply with regard to affordable housing creation:
(i) Funding pursuant to this subparagraph may be used for the following purposes, including, but not limited to, land acquisition, housing acquisition, financing, and ownership programs, including the agency serving as a single source of financing as appropriate. appropriate, and project-based rental assistance contracts with no time limit that are restricted to the support of extremely low income households.
(ii) Financing for any development costs associated with a project or funding grant that is for housing that is 100 percent affordable, which means restricted to any household that earns less than 80 percent of the area median income (AMI). An eligible project may also include a subset of at least 50 units, or 50 percent of the total units, whichever is greater, in a larger development that includes units targeted up to 120 percent of AMI, in which case the agency may only fund units that are designated for extremely low and very low income households, and agency funds shall not be used in connection with any unit that is income restricted due to development incentives, density bonuses, or similar programs.

(iii)In any funded development or affordable housing grant, at least 25 percent of the units in an awarded project or grant shall be reserved for extremely low income households that fall within zero percent to 30 percent of the AMI.

(iv)In any funded development or affordable housing grant, at least 25 percent of the units in an awarded project or grant shall be reserved for very low income households that fall within 30 percent to 50 percent of the AMI or lower.

(I) For each of the eligible jurisdictions, as defined in paragraph (1) of subdivision (a) of Section 64830.5, 25 percent of all funded units shall be reserved for extremely low income households, defined as a household earning 0 to 30 percent of area median income (AMI), and 25 percent shall be reserved for very low income households, defined as a household earning 30 to 50 percent of AMI, over any two-year period, with regular monitoring by the citizens’ oversight committee and board of units funded and constructed during that two-year period.
(II) For each project, 10 percent of the units in the project shall be reserved for extremely low income households and 10 percent of the units shall be reserved for very low income households.
(B) The following conditions shall apply with regard to affordable housing preservation:
(i) Funding pursuant to this subparagraph for preservation programs may be used to acquire, rehabilitate, and preserve existing housing units for affordability, as well as housing from the private market, including residential hotels, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, in order to prevent the loss of affordability as well as expand permanent affordability. Funding pursuant to this subparagraph for preservation programs may be used to acquire, rehabilitate, place affordability restrictions on, and preserve existing housing units, housing from the private market, and units in residential hotels as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code for affordability, in order to prevent the loss of affordability and expand permanent affordability. Funding provided pursuant to this subparagraph shall be subject to both of the following conditions:
(I) Existing residents of buildings acquired for the purpose of affordable housing preservation shall not be permanently displaced, even if the resident’s household income exceeds the moderate-income limits in Section 50093 of the Health and Safety Code.
(II) Buildings acquired for the purpose of affordable housing preservation shall achieve 100 percent occupancy by extremely low and or very low income households over time through unit turnover.

(ii)Community land trusts, and other similar structures, are an eligible use pursuant to this subparagraph.

Grants, loans or other financing provided to Community land trusts and other similarly structured nonprofit entities to acquire, rehabilitate, and preserve existing housing units are an eligible use pursuant to this subparagraph.
Programs to enable low- or moderate-income households to become or remain homeowners, including, but not limited to, below market rate ownership programs, down payment assistance programs, residential rehabilitation loan programs, and grants or loans to assist in the rehabilitation or replacement of existing mobilehomes located in a mobilehome or manufactured home community.

(C)The following conditions shall apply to affordable ownership:

(i)Programs to enable low- or moderate-income households to become or remain homeowners, including, but not limited to, below market rate ownership programs, down payment assistance programs, residential rehabilitation loan programs, and grants or loans to assist in the rehabilitation or replacement of existing mobilehomes located in a mobilehome or manufactured home community.

(ii)Community land trusts, and other similar structures, are an eligible use pursuant to this subparagraph.

(D)

(C) Funding provided pursuant to this paragraph shall be subject to the following conditions in the event that demolition or rehabilitation of housing units is required:
(i) (I) Any funded development or affordable housing grant on any property that includes a parcel or parcels that currently have residential uses, or within the five years preceding the grant have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units with at least the same number of units of equivalent number of bedrooms to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy.
(II) Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915, provided that any dwelling unit that is or was, within the five-year period preceding the grant, subject to a form of rent or price control through a local government’s valid exercise of its police power and that is or was occupied by persons or families above lower income shall be replaced with units made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families.
(ii) If existing residents are required to be relocated due to demolition or rehabilitation needs, the developer is required to provide relocation benefits to the occupants of those housing rental units subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. This clause shall not supersede any provision of a locally adopted ordinance that requires greater relocation assistance to displaced households. The developer shall comply with either the local government requirements for relocation assistance to displaced households or the policy set by the agency for relocation assistance to displaced households, whichever provides a greater benefit to the relocated or displaced households.
(iii) If existing residents occupants that are lower income households are required to be relocated vacate their units due to demolition or rehabilitation needs, the developer shall provide a right of first refusal for a comparable unit available in the new or rehabilitated housing development that is affordable to the household at an affordable rent, as defined in Section 50053 of the Health and Safety Code, or an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code.
(2) (A) At least 30 percent and not more than 40 percent of the total annual programmatic budget, excluding any bond indebtedness, shall be spent on countywide renter protection and support programs.
(B) These programs include any effort that helps low-income renters, defined as a household that earns 80 percent or less of the AMI. area median income (AMI).
(C) Eligible uses of the funds, funds include, but are not limited to, all of the following:
(i) Preeviction and eviction legal services, counseling, advice and consultation, training, renter education and representation, and services to improve habitability that protect against displacement of tenants.
(ii) Providing rental assistance for lower-income lower income households. Rental assistance shall be provided to a specific household for a reasonable amount of time not to exceed six months, and shall be paired with supportive services, such as eviction prevention and defense, to the greatest extent possible.
(iii) Providing relocation assistance for lower-income lower income households beyond what is legally required of landlords according to local or state law.

(iv)Collection and tracking of information related to displacement and displacement risk, rents, and evictions in the region.

(3) Fifteen percent of the total annual programmatic budget shall be allocated as “annual priorities,” and these funds may be used for any eligible activity outlined in this chapter as part of the annual expenditure plan.
(4) At least 5 percent of the total annual programmatic budget, excluding any bond indebtedness, shall be used for technical assistance, research, and policy development. Eligible uses for these funds include, but are not limited to, all of the following:
(A) Collecting and tracking information related to displacement and displacement risk, rents, and evictions in the region.
(B) Drafting model affordable housing land use ordinances that may be adopted by any jurisdiction in Los Angeles County.
(C) Drafting model affordable housing land use ordinances that may be adopted by any jurisdiction in Los Angeles County.

(3)

(5) Not more than 10 percent of the percent of the total annual programmatic budget, excluding any bond indebtedness, shall be used for administrative and operations expenses associated with the agency. the agencies administrative and operations expenses.

(4)No earlier than five years after approval of a funding measure under Chapter 2 (commencing with Section 64810) and subject to consultation with the citizens’ oversight committee, the board may change any of the minimum requirements in paragraph (1) or (2) if the board adopts a finding that the region’s needs in a given category differ from those requirements. The board is required to approve the finding by a two-thirds vote. Approval of the finding shall be subject to the public participation requirements provided in subdivision (h) of Section 64711.

(e)(1)The board shall, in consultation with the citizens’ oversight committee, adopt a regional expenditure plan for the use of housing revenue by July 1 of each year, except the board shall select the deadline to adopt the first regional expenditure plan. The regional expenditure plan may cover multiple years, as determined by the board.

(2)The regional expenditure plan shall set forth the share of revenue and estimated funding amount to be spent on each of the categories established in subdivision (d), indicate the household income levels to be served within each category of expenditures, and estimate the number of affordable housing units to be built or preserved and the number of tenants to be protected. To the extent feasible, the regional expenditure plan shall include a description of any specific project or program proposed to receive funding, including the location, amount of funding, and anticipated outcomes.

(3)The regional expenditure plan shall include the following information for any specific project that has received an allocation of regional housing revenue during the prior year:

(A)Whether the project proponent has requested a building permit for the project, and if so, the date when it was requested.

(B)Whether the project proponent is eligible to request a building permit for the project, and if so, the date when it became eligible.

(C)Whether the project proponent has obtained final approval or certification that the housing development is habitable, such as a certificate of occupancy, and if so, the date when it was obtained.

(f)(1)Funds allocated to a city pursuant to paragraph (4) of subdivision (d) shall be committed to a specific project within five years of receipt.

(2)Once committed to a specific project, funds shall remain available for expenditure for an additional five years, unless an extension is authorized pursuant to paragraph (3).

(3)If the funds have not been expended within five years of receipt as required in paragraph (2), the city shall show that it has made adequate progress towards completing the project. If the county finds that the city has made adequate progress, the county shall authorize an additional 24 months to grant entitlements to the remainder of the project. If the county does not find that the city has made adequate progress, the funds shall be transferred to the county. The county shall hold the funds until the city submits a plan satisfactory to the county to move forward with the project or allocate funds to another qualified project consistent with the city’s expenditure plan.

(4)For purposes of this subdivision, “adequate progress” means the project has received the land use approvals or entitlements necessary for at least 75 percent of the project’s units.

64830.5.
 (a) Revenue generated pursuant to this part shall be allocated according to the following geographic distribution schedule:(1) In this subdivision, “eligible jurisdictions” shall mean the following jurisdictions:
(A) The councils of governments in Los Angeles County, excluding the jurisdictions described in subparagraphs (B) through (E), inclusive.
(i) Funds, or a portion of the funds, provided to the San Gabriel Valley Council of Governments may be allocated by the council to the San Gabriel Valley Regional Housing Trust, and the trust shall use the funds pursuant to the same requirements as funding provided to the councils of governments.
(ii) A council of government that creates and operates a regional housing trust that is consistent with the San Gabriel Valley Regional Housing Trust model shall be eligible to receive a direct allocation.
(B) The City of Los Angeles.
(C) The City of Long Beach.
(D) The City of Glendale.
(E) The unincorporated areas of Los Angeles County.
(2) Revenue generated pursuant to this part shall be allocated according to the following geographic distribution schedule:

(1)

(A) (i) Seventy percent of annual funding for the purpose of renter protections and support affordable housing preservation, affordable housing production, and long-term rental assistance shall be allocated, on a per low-income renter household basis, into the following six allocation categories, an affordable regional housing needs assessment goal basis to the eligible jurisdictions, provided that the allocation is consistent with the eligible uses of the funding set forth in paragraph (2) of subdivision (d) of Section 64830: 64830.

(A)The councils of governments in Los Angeles County.

(B)The City of Los Angeles.

(C)The City of Long Beach.

(D)The City of Santa Clarita.

(E)The City of Glendale.

(F)The unincorporated areas of Los Angeles County.

(2)The agency shall have the discretion to fund any programs operated by any governmental or nonprofit entity that are consistent with the eligible uses outlined for renter protections and support. Direct unrestricted allocations are not permitted to any governmental entity.

(3)Thirty percent of annual funding for the purpose of renter protections and support shall be allocated by the agency consistent with the guiding principles of the agency and the eligible uses outlined in Section 64830.

(4)Seventy percent of annual funding shall be allocated based on approved affordable housing very low income and low-income regional housing needs assessment goals into the following six allocation categories, consistent with the eligible uses of funding as outlined in paragraph (1) of subdivision (d) of Section 64830:

(A)The councils of governments in Los Angeles County.

(B)The City of Los Angeles.

(C)The City of Long Beach.

(D)The City of Santa Clarita.

(E)The City of Glendale.

(F)The unincorporated areas of Los Angeles County.

(5)Thirty percent of annual funding within this category shall be allocated on an at-large basis by the citizens’ oversight committee and board consistent with the guiding principles for all agency investments. At least 10 percent of this amount shall be distributed to cities with less than 50,000 residents through a competitive grant program administered by the board.

(ii) (I) Thirty percent of annual funding for the purpose of affordable housing preservation, affordable housing production, and long-term rental assistance, with no time limit, shall be allocated by the agency to the eligible jurisdictions consistent with the guiding principles of the agency and the eligible uses outlined in Section 64830.
(II) At least 5 percent of funds allocated pursuant to subclause (I) shall be used for technical assistance grants to cities with a population under 50,000.
(iii) If an eligible jurisdiction is found to be out of compliance with affordability targets at the end of a two-year period, the board may take any of the following actions:
(I) Limit the funding for the jurisdiction to extremely low and very low income housing units only until compliance is reestablished.
(II) Require the funding allocated to the jurisdiction to be administered by the agency instead of the jurisdiction.
(III) Increase funding incentives as needed to meet project and programmatic targets.
(iv) (I) Any eligible jurisdiction may receive a direct allocation of all or part of the jurisdiction’s funding described in this subparagraph if all of the following conditions are met:
(ia) The jurisdiction agrees to adopt and adhere to agency financing policies and guidelines, including public engagement and notice provisions outlined in this chapter.
(ib) All funded projects are in compliance with the agency’s eligible uses and affordability requirements.
(ic) The jurisdiction agrees to allocate its funding within 12 months through administrative processes without being subject to additional legislative process.
(id) The jurisdiction is in compliance with Affirmatively Furthering Fair Housing in California guidelines.
(II) (ia) Once committed to a specific project, funds shall remain available for expenditure for an additional five years, unless an extension is authorized pursuant to sub-subclause (ib).
(ib) If the funds have not been expended within five years of receipt as required in sub-subclause (ia), the jurisdiction shall show that it has made adequate progress towards completing the project. If the agency finds that the city has made adequate progress, the agency shall authorize an additional 24 months to grant entitlements to the remainder of the project. If the agency does not find that the city has made adequate progress, the funds shall be transferred to the agency. The agency shall hold the funds until the city submits a plan satisfactory to the agency to move forward with the project or allocate funds to another qualified project consistent with the jurisdiction’s expenditure plan.
(ic) For purposes of this subclause, “adequate progress” means the project has received the land use approvals or entitlements necessary for at least 75 percent of the project’s units.
(B) (i) Seventy percent of annual funding for the purpose of renter protections and support shall be allocated to the eligible jurisdictions, provided that the allocation is consistent with the eligible uses of the funding set forth in paragraph (2) of subdivision (d) of Section 64830.
(ii) (I) Thirty percent of annual funding for the purpose of renter protections and support shall be allocated by the agency to the eligible jurisdictions consistent with the guiding principles of the agency and the eligible uses outlined in Section 64830.
(II) At least 5 percent of funds allocated pursuant to subclause (I) shall be used for technical assistance grants to cities with a population under 50,000.
(iii) The agency shall have the discretion to fund any programs operated by any governmental or nonprofit entity that are consistent with the eligible uses outlined for renter protections and support. Direct unrestricted allocations are not permitted to any governmental entity.
(C) (i) Seventy percent of annual funding for the purpose of technical assistance, research, and policy development shall be allocated, on a per low-income renter household basis, to the eligible jurisdictions, provided that the allocation is consistent with the eligible uses of the funding set forth in paragraph (2) of subdivision (d) of Section 64830.
(ii) (I) Thirty percent of annual funding for the purpose of technical assistance, research, and policy development shall be allocated by the agency on an at-large basis consistent with the guiding principles of the agency and the eligible uses outlined in Section 64830, subject to both of the following conditions:
(II) At least 5 percent of funds allocated pursuant to subclause (I) shall be used for technical assistance grants to cities with a population under 50,000.
(III) The agency shall create a list of consultants who shall be available to provide technical assistance, research, and policy development to these cities consistent with this subclause. Cities with a population under 50,000 shall be entitled to a 10 percent administrative cost reimbursement as part of this application cost.
(b) Councils of governments in Los Angeles County shall be subject to the following requirements:
(1) Funds allocated to a council of governments shall be administered by the agency in collaboration with the council receiving funding.
(2) Cities Each city within each council of governments are entitled to a pro-rata allocation, or other similar allocation method determined through collaboration between the agency and the applicable council of governments, of very low incoming and low-income affordable housing units under Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7. government may have its own set aside, which shall be proportional to its respective affordable housing needs assessment goal. The council of government and its members may develop policies to allocate set-aside funds.

(3)At least 5 percent of funds allocated to councils of governments shall be used for technical assistance grants to cities with a population under 50,000.

(4)

(3) Funds, or a portion of the funds, provided to the San Gabriel Valley Council of Governments may be allocated by the council to the San Gabriel Valley Regional Housing Trust, and the trust shall use the funds pursuant to the same requirements as funding provided to the councils of governments.
(c) Cities receiving a direct allocation shall be subject to the following requirements:
(1) The City of Los Angeles shall have its own set aside proportional to its respective affordable housing needs assessment goal, subject to a 50-percent limit on total funding that is set aside for councils of governments, cities, and unincorporated communities.
(2) The City of Long Beach shall have its own set aside proportional to its respective affordable housing needs assessment goal.
(d) Unincorporated areas The unincorporated area of Los Angeles County shall have its own set aside, which shall be proportional to its respective affordable housing needs assessment goal.
(e) The following factors shall be considered for at-large funding allocations:
(1) Whether the allocation affirmatively furthers fair housing.
(2) The allocation’s effect on displacement indicators.
(3) The allocation’s effect on rent-burdened populations.
(4) Whether the allocation serves populations with disabilities.

64831.
 The board shall monitor expenditures in coordination with local jurisdictions. At least once every five years, the monitoring shall include a review of revenues allocated to cities. The board may adopt guidelines applicable to those funds as deemed necessary to ensure they are spent in a timely manner consistent with the goals of this chapter.

64832.
 To ensure oversight and accountability, the agency shall prepare and submit an annual report to the Legislature, in conformance with Sections 9795 and 53411 on allocations and expenditures under its control, and those controlled by counties the county or a city pursuant to subdivision (d) of Section 64830. The report shall include a description of projects funded and their status, the households served by income level, and the extent to which the minimum targets in subdivision (d) of Section 64830 were achieved.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the uniquely severe shortage of available funding and resources for the development and preservation of affordable housing and the particularly acute nature of the housing crisis within Los Angeles County.
SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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