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HomeMy WebLinkAbout2022-07-14; SB 1105 (Hueso) SD REEF Affordable Housing Finance Agency (Districts - All); Haber, JasonTo the members of the: CITY COUNCIL Dat9Jit-/22cA /cc ~ / CM_ACMLo"cM (3)_t/_ July 14, 2022 Council Memorandum To: Honorable Mayor Hall an bers of the City Council From: Jason Haber, lntergover-.D/1"11111• Affairs Director Via: Scott Chadwick, City Mai,a~W!,J~ {city of Carlsbad Memo ID# 2022080 Re: Senate Bill 1105 (Hueso : San Diego Regional Equitable and Environmentally Friendly Affordable Housing Finance Agency (Districts -All) This memorandum provides an update on State Senator Ben Hueso's Senate Bill 1105 (Attachment A), which would establish a regional housing finance agency in the San Diego region. The purpose of the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Finance Agency (SD REEF) would be to increase the supply of equitable and environmentally friendly housing in the County of San Diego by providing for significantly enhanced funding and technical assistance across the regional level for equitable and environmentally friendly housing projects and programs, equitable housing preservation, and rental protection programs. Proposed Governance and Voting Structure The SD REEF would be governed by a six-member board comprised of primary or alternate members of the SAN DAG Board of Directors: one representative from the City of San Diego, County of San Diego, and each of the SAN DAG subregions. To act on any item, the affirmative vote of the majority of the members of the board present would be required. However, after a vote of the members is taken, a weighted vote may be called by the members of any two jurisdictions. For the weighted vote, the bill establishes a population-based apportionment formula that allocates a maximum of 50 of the 100 total available votes to any subregion that has 50% or more of the total population of the San Diego County region. The board must also form an advisory committee, composed of up to 18 voting members and one non-voting member, who have specified knowledge and experience in specified areas of affordable housing finance and development, preservation, or rental protections. Raising and Allocating Revenues SB 1105 would authorize the SD REEF to incur and issue indebtedness, place various measures on the ballot in the County of San Diego and its incorporated cities to raise and allocate funds, and to issue general obligation bonds secured by the levy of ad valorem property taxes, revenue City Manager's Office Intergovernmental Affairs City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2820 t Council Memo -Senate Bill 1105 (Hueso): SD REEF Affordable Housing Finance Agency July 14, 2022 Page 2 bonds, mortgage revenue bonds, and private activity bonds for purposes of producing and preserving equitable and environmentally friendly housing and supporting rental protection activities. Among the funding measures, SB 1105 would authorize the SD REEF to impose a parcel tax, a gross receipts business license tax, a special business tax, special taxes on real property, and a commercial linkage fee. SB 1105 would also authorize local jurisdictions within San Diego County to impose a special documentary transfer tax and authorize those local jurisdictions to remit proceeds of the tax to the SD REEF to support the purposes of the agency. SB 1105 establishes a complex set of requirements regarding how the funding can be spent, the conditions of eligibility and prioritization for receiving funds, as well as a variety of criteria regarding the use of matching funds, use of public lands, proximity to transit, schools, and amenities, and environmental criteria. A recent bill amendment provides that the portion of the area of the region to which each funding mechanism would apply shall be determined by the SD REEF board, or by a qualified voter initiative, before the electors vote on the measure. If the portion of the region is determined by the SD REEF, then the agency shall provide written notification to each jurisdiction and tribal nation within the applicable portion. Each jurisdiction and tribal nation may opt out of the revenue measure by submitting a resolution to the SD REEF within 60 days of the notice. Wage and Labor Standards SB 1105 would require a development proponent for a project funded by the SD REEF to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages. SB 1105 would require a development proponent to certify to the SD REEF that those standards will be met in project construction. SB 1105 would prohibit the SD REEF from placing a measure on the ballot to raise revenue unless the SD REEF has entered into a countywide project labor agreement with the San Diego County Building and Construction Trades Council. The labor provisions of SB 1105 would not apply to new construction or preservation projects in which the project contains four units or fewer. State Mandates By expanding the crime of perjury (related to the enforcement of wage and labor standards), and by adding to the duties of local officials with respect to elections procedures for revenue measures on behalf of the SD REEF, SB 1105 would impose a state-mandated local program. Council Memo -Senate Bill 1105 (Hueso): SD REEF Affordable Housing Finance Agency July 14, 2022 Page 3 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. SB 1105 would provide that, with regard to the mandate associated with expanding the crime of perjury, no reimbursement to local agencies is required. With regard to any other mandates, SB 1105 would provide that, if the Commission on State Mandates determines that SB 1105 contains costs mandated by the State, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. City of Carlsbad -Opposition to SB 1105 At the City Council Legislative Subcommittee's meeting on April 29, 2022, the Legislative Subcommittee passed a motion to take an opposed position on SB 1105 and submit a letter of opposition. In opposing SB 1105, the Legislative Subcommittee raised concerns about the State's proposal to establish a locally redundant and costly bureaucracy that would operate without direct accountability to the voters of San Diego County. Opposition to SB 1105 is consistent with the adopted 2022 City of Carlsbad Legislative Platform, in that, one of the guiding principles outlined in the adopted 2022 City of Carlsbad Legislative Platform is to preserve local control. The platform states that "the city supports the broadest authority for our citizens and the City Council to make decisions and provide public services locally. As cities are voluntarily created by the residents of a community to provide local self-government and to make decisions at the local level to best meet the diverse needs of the community, the city opposes preemption of local control." Furthermore, the platform calls for the city to oppose measures that would impose mandates for which there is no guarantee of local reimbursement or offsetting benefits. The platform also states that the city supports efforts to develop financial support and incentives (tax benefits, grants, loans) for programs which provide adequate, affordable housing (home ownership and/or rental opportunities) for all economic segments of the community. As noted in the city's May 31, 2022, letter of opposition (Attachment B), unlike with SANDAG, Carlsbad is not guaranteed any representation in the new SD REEF. Yet, the SD REEF would be empowered to impose taxes and fees on Carlsbad residents and businesses. In addition, there is no requirement for the SD REEF to use the funds it receives from Carlsbad's residents and businesses to produce affordable housing in Carlsbad. The letter states that although the city's biggest challenge remains the lack of financial resources to ensure that assigned moderate, low and very low-income units actually get built, the city does not believe the proposed legislation will help the city to do so. Council Memo-Senate Bill 1105 (Hueso): SD REEF Affordable Housing Finance Agency July 14, 2022 Page 4 State Legislative Policy Committee Analysis A recent analysis prepared by the Assembly Housing Committee staff consultant raises the following policy considerations: a) Parallel Oversight. This bill creates [SD REEF} and establishes [SD REEF's] governance structure, which includes a board of directors that includes six primary members and alternates appointed by elected officials. The governance structure also includes an 18 member advisory committee appointed by the board of directors. The legislation spells out in great detail the type of experience each member of the advisory committee should possess. A large advisory body can provide for a diversity of opinion that is valuable to the board of directors; however, a large body can also prove unruly. The presence of two oversight bodies can also create confusion for [SD REEF] staff. If the board of directors and the advisory committee adopt conflicting positions on policy issues, what direction should {SD REEF} staff follow? Is it better to create a single oversight body that is slightly larger rather than create two distinct oversight bodies? Further, there is nothing in statute that would prevent the [SD REEF] board from appointing individual staff advisors or creating an advisory body as it sees fit. Is it necessary to oblige [SD REEF] to appoint an advisory body? b) Exhaustive Detail. This bill includes a tremendous level of detail regarding [SD REEF's] governance procedures. For example, the bill specifies that the chair or vice-chair of the [SD REEF] board of directors shall send a letter to a board members' appointing body if that body's appointed board member is absent at three meetings during their term. While board members should participate in board meetings, is it necessary to specify in statute how the [SD REEF] chair and vice-chair should complain about truant board members? Ultimately, the author may wish to consider if the overall level of detail included in the bill will make it difficult for {SD REEF} to implement its mission. c) Duplicative Authority. Many of the tools that the bill contemplates for [SD REEF] including special taxes and bonds, are tools that the county and its cities already have. SB 1105 creates another regional body on top of the work that cities, the county, and other local agencies are already doing. While it is clear that the San Diego region has not met its regional housing needs, is creating another agency to tackle these problems the best approach? Would a regional board provide the same level of access and accountability as individual city councils and the county's board of supervisors? Existing law already provides San Diego County and its cities with the ability to create a regional JPA to exercise powers these local governments share. JPA Law is flexible: local agencies can come together to form an agreement of their own design to carry out any power common to each of its members. Agreements specify a JPA's mission, structure, governing board, each member's financial obligations, and provisions for members to enter and exit the JPA, among other items. As such, local agencies do not need legislative Council Memo -Senate Bill 1105 (Hueso): SD REEF Affordable Housing Finance Agency July 14, 2022 Page 5 authority for a JPA, unless it requires powers not common to all its members, or when statutory certainty and specificity is preferable to the agreement's details. On the one hand, coming to agreement on a JPA can take time, especially when it involves San Diego County and all 18 cities in the county. On the other hand, the JPA route puts the final decision in the hands of local decision makers, not legislators in Sacramento. An analysis prepared by the Assembly Housing and Community Development Committee consultant raises the following concerns and questions regarding whether the SD REEF is set up for success: Because housing markets are regional, and do not end at jurisdictional boundaries, a regional approach to housing would likely be beneficial to lower and middle income households in San Diego County. However, it is not clear that the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency, as proposed to be created by this bill, would be best way to address San Diego County's housing in a regional way. One concern is that this bill would create an entirely new and independent governing body in San Diego County that duplicates the powers and covers the same geography as already vested in the San Diego County Board of Supervisors. By contrast, BAH FA, which this bill emulates, was necessary because it created a fundraising and revenue sharing mechanism that did not previously exist for the nine-county Bay Area region. The author and the committee may wish to consider whether the interests of lower income and middle-income households in San Diego County would be better served by the existing body -which would still maintain its powers even with the creation of the Agency established by this bill. Another concern is around the governance structure. BAH FA is effectively governed by both the Metropolitan Transportation Commission {MTC} and the Association of Bay Area Governments {ABAG) -two long-standing and large bodies, mostly consisting of local elected officials, that already serve multiple functions in the Bay Area, including regional planning and transportation funding. By contrast, the Agency created by this bill would be governed by a new body of only six members, all of whom would be appointed to serve on the Board of the Agency. While these Board members will all have to be members of SAN DAG, the author and the committee may wish to consider if the lower income and middle income households in San Diego County would be better served by having their interests represented by the existing County Board of Supervisors, whose members are directly elected by the public, or by SAN DAG, the long-standing regional planning and transportation funding agency whose 21-member voting body already represents the breadth of San Diego County. A third concern is around the complexity of the expenditures requirements for the bill. The bill includes substantial parameters around how the funding can be spent. The bill also Council Memo -Senate Bill 1105 (Hueso): SD REEF Affordable Housing Finance Agency July 14, 2022 Page 6 establishes funding criteria that regarding use of matching funds, use of public lands, proximity to transit, schools, and amenities, and environmental criteria. While all laudable goals, it may be better to enable the Agency to establish more of its own parameters, so that it need not seek state legislation if and when some of the proposed parameters prove infeasible to implement. A final concern is around support for this body. BAH FA was essentially created by MTC and ABAG, with the legislature adopting via AB 1487 the governance structure, powers, and expenditure plans that had been overwhelmingly approved by these two bodies. By contrast, it is unclear what the local buy-in has been or which stakeholders have been engaged in the determining how the funds will be allocated in this bill. At this point, neither the County nor SANDAG has taken an official position on this bill. It is opposed by the San Diego Housing Federation, which represents affordable housing developers in San Diego County. By contrast, BAHFA was sponsored by the Non-Profit Housing Association of Northern California, which represents affordable housing developers, and by Enterprise Community Partners, a social and racial equity and justice organization. The author and the committee may wish to consider how to ensure broader support for the Agency and whether to wait until such time to move forward this bill. Such a decision could be influenced by the fact that likely the first opportunity for the Agency to raise revenue would be at the November 2024 general election. Current Status SB 1105 was passed by the California State Senate, Assembly Local Government and the Assembly Housing and Community Development Committees and is awaiting action by the Assembly Appropriations Committee upon the conclusion of the Legislature's summer recess in early August. Attachments: A. Senate Bill 1105 (Hueso) B. City of Carlsbad Letter of Opposition to SB 1105 cc: Geoff Patnoe, Assistant City Manager Celia Brewer, City Attorney Cindie McMahon, Assistant City Attorney SENATE BILL AMENDED IN ASSEl\1BLY JUNE 30, 2022 AMENDED IN ASSEl\1BLY JUNE 21, 2022 AMENDED IN ASSEl\1BLY JUNE 20, 2022 AMENDED IN SENATE APRIL 25, 2022 AMENDED IN SENATE APRIL 18, 2022 AMENDED IN SENATE MARCH 15, 2022 CALIFORNIA LEGISLATUREa€" 2021a€"2022 REGULAR SESSION Introduced by Senator Hueso February 16, 2022 An act to add Title 6.5 (commencing with Section 62800) to the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST Attachment A NO. 1105 SB 1105, as amended, Hueso. San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency. 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 Agency 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 San Diego Regional Equitable and Environmentally Friendly Housing Act, would establish the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency and would state that the agencya€™s purpose is to increase the supply of equitable and environmentally friendly housing in the County of San Diego by providing for significantly enhanced funding and technical assistance across the regional level for equitable and environmentally friendly housing projects and programs, equitable housing preservation, and rental protection programs, as specified. The bill would require a board composed of 6 voting members who are primary or alternate members of the San Diego Association of Governments, as specified, to govern the agency. This bill would authorize the agency to, among other things, incur and issue indebtedness, place various measures on the ballot in the County of San Diego and its incorporated cities to raise and allocate funds, in accordance with applicable constitutional requirements, and to issue general obligation bonds secured by the levy of ad valorem property taxes, for purposes of producing and preserving equitable and environmentally friendly housing and supporting rental protection activities, as specified. Among the funding measures, the bill would authorize the agency to impose a parcel tax, a gross receipts business license tax, a special business tax, specified special taxes on real property, and a commercial linkage fee, as defined. The bill would also authorize file:///Q:/CITYMGR/1-JASON/Legislalive/Legislative Updates/sb_ 1105_ Bill text.him 1/35 7/13/22, 10:56 AM sb_1105_ Bill text.htm local jurisdictions within San Diego County to impose a special documentary transfer tax, as specified, and authorize those local jurisdictions to remit proceeds of the tax to the agency to support the purposes of the agency. The bill would require that revenue generated by the agency pursuant to these provisions be used for specified housing purposes and require the agency to distribute those funds in accordance with specified requirements and subject to a specified priority. The bill would require the board to provide for regular financial audits of the agencya€™s accounts and records and to provide for financial reports. The bill would require a development proponent for a development funded by the agency pursuant to these provisions to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the agency that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also require prohibit the agency to emer from placing a measure on the ballot to raise revenue for the agency unless the agency has entered into a specific countywide project labor agreement with the San Diego County Building and Construction Trades Coutteil attd the SaH Diego Ilousi-n.g Federntim, before plaeiHg a measure OH the ballot to n1ise revettue for the agettey, Council, as specified. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities in the County of San Diego, including charter cities. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego. 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. Digest Key Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Title 6.5 (commencing with Section 62800) is added to the Government Code, to read: TITLE 6.5. San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 2/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.htm PART 1. Formation of the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency CHAPTER I. General Provisions 62800. This title shall be known, and may be cited, as the San Diego Regional Equitable and Environmentally Friendly Housing Act, or alternatively as the SD REEF Housing Act. 62801. The Legislature finds and declares all of the following: (a) San Diego County faces the most significant housing crisis in the regiona€™s history, as tens of thousands of residents are facing insurmountable housing costs, being pushed out of their homes, spending hours driving every day to and from work, are one paycheck away from an eviction, or experiencing homelessness. (b) San Diego County faces this crisis because, as a region, it has failed to produce enough housing at all income levels, preserve affordable housing, protect residents from displacement, provide adequate housing in close proximity to jobs and transit, and address the housing issue at a regional scale. (c) The region is currently missing nearly 90,000 homes and needs another 90,000 homes to be built by 2030, just to keep pace with population growth. The region is on pace to build half that amount. The regional housing shortage is driving rents and home prices to record highs and puts an entire generation of San Diegans at risk of being left behind. (d) The high cost of housing impacts all San Diegans, including, low-income residents, retirees living on a fixed income, college students, families locked-out of homeownership, people experiencing homelessness, and businesses that struggle to attract and retain a diverse and skilled workforce due to the high cost of living. ( e) San Diegans are increasingly forced to move further and further away, leading to worsening traffic, commute times, carbon pollution, and the acceleration of the climate emergency. (f) The impacts of housing crisis are disproportionately borne by people of color, including Black, Latino, Asian and Pacific Islander Americans, and low-income residents. (g) The housing crisis is fundamentally connected to the climate cns1s. Building equitable, inclusive, and sustainable homes in the right places, near jobs, transit, and amenities is vital to protecting the climate and preserving open spaces and ecosystems. (h) The housing crisis is regional in nature and existing municipality-specific programming would benefit from a regional strategy that could supplement local programming with additional supports and services. (i) San Diego County faces housing needs at all income levels, but the shortfall is most acute among very low, low-, and moderate-income households, hereafter referred to as a€reequitable housing.a€ G) While the sixth cycle calls for regional production of 12,325 equitable housing units per year, actual regional production has averaged just 1,655 equitable housing units per year over the fifth cycle. (k) San Diego County faces an annual funding shortfall of over two billion dollars ($2,000,000,000) in its efforts to address the affordable housing crisis. (l) A multistakeholder countywide agency is necessary to help address the affordable housing crisis in San Diego County by delivering resources and technical assistance at a regional scale, including: (I) Generating new dedicated regional funding for critical capital and other supports for affordable housing developments across San Diego County. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 3/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (2) Providing staff support to local jurisdictions that require capacity or technical assistance to expedite the preservation and production of housing. (3) Funding renter protection programs and services that complement and augment the actions of local jurisdictions. (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. 62so2. For purposes of this title: (a) a.€ceAgencya.€ means the San Diego Regional Equitable and Environmentally Friendly Housing Agency established pursuant to Section 62810. (b) a.€ceBoarda.€ or a.€ceSD REEF boarda.€ means the governing board of the San Diego Regional Equitable and Enviromnentally Friendly Housing Agency. ( c) a.€ceEquitable housing§.€ means housing that is restricted by recorded document to provide an affordable housing cost to very low, low-, or moderate-income households, at or below 120% of the area median income. ( d) a€ceExtremely low income householdsa€ has the same meaning as the term as defined in Section 50106 of the Health and Safety Code. (e) a€ceFirst-time home buyer programs and opportunitiesa.€ means programs that provide grants, loans, financial counseling and coaching, direct subsidy, development subsidy, or other forms of assistance that connect first-time home buying households at or below 120 percent of the area median income with home ownership opportunities and meets all of the following requirements: (1) Properties may include, but are not limited to, single-family residential, townhomes, twin and row homes, condos, co-ops, limited equity cooperatives, and community land trusts. (2) Participating purchasers shall occupy the property as their principal residence. (3) Properties that receive a direct subsidy or development subsidy, such as down payment or closing cost assistance, are subject to both of the following stipulations: (A) A deed restriction or covenant running with the land in perpetuity shall include a resale restriction formula that limits future sales prices to no more than 10 percent annualized appreciation above the purchase price. (B) Temporary subleases shall be prohibited, provided that the agency may make exceptions for military families. (4) All first-time home buyer projects funded under this title shall achieve an income average across the project of not more than 120 percent of the area median income. (f) a€ceLower income householdsa€ has the same meaning as that term is defined in Section 50079.5 of the Health and Safety Code. (g) a€ceLow-or moderate-income householdsa€ means persons and families whose income does not exceed 135 percent of the area median income. (h) a.€ceSan Diego Countya€ means the entire area within the territorial boundary of the County of San Diego. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 4/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (i) a€reSANDAGa€ means the San Diego Association of Governments. (j) a€reVery low income householdsa€ has the same meaning as the term as defined in Section 50105 of the Health and Safety Code. 62803. The Legislature finds and declares that providing a regional financing mechanism for affordable equitable housing development, preservation, and renter protections in San Diego County, as described in this section and Section 62801 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 San Diego County, including charter cities. CHAPTER 2. The San Diego Regional Equitable and Environmentally Friendly Housing Agency and Governing Board 62810. (a) The San Diego Regional Equitable and Environmentally Friendly Housing Agency is hereby established with jurisdiction extending throughout San Diego County. (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 purpose of the agency is to increase the supply of equitable and environmentally friendly housing in San Diego County by providing for significantly enhanced funding and technical assistance across the region for equitable and environmentally friendly housing activities that include new production, preservation, and rental protection. The agencya€™s housing activities shall be guided by all of the following principles: (1) Supporting the broad range of housing needs that reflect the diversity of San Diego County, from extremely low income to workforce housing and middle-income housing, at or below 135 percent of the area median income. (2) Advancing sustainability by supporting the production of equitable housing near transit, jobs, and amenities and including resilient and sustainable building design features. (3) Fostering livable and equitable communities that encourage mixed-uses, mixed-income, walkable; bikeable, age-friendly development patterns with proximity to transit, jobs, open spaces, schools and amenities. ( 4) Advancing equity in the built environment by fostering inclusion, diversity, and affirmatively furthering fair housing. (5) Supporting good jobs for working families with fair wages and strong worker protections. ( d) 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. 62811. (a) The agency shall be governed by a board of directors composed of six voting members, who shall all be SANDAG primary or alternate members. Each member shall represent one subregion for a total of six subregions. The jurisdictions in each subregion shall be consistent with Section 132350.2 of the Public Utilities Code. The six members shall consist of the following: (1) A primary and alternate member appointed by the Mayor of the City of San Diego, to represent the subregion of the City of San Diego. (2) A primary and alternate member appointed by the San Diego County Board of Supervisors, to represent the subregion of the County of San Diego. file:///Q:/CITYMGR/1-JASON/Legislalive/Legislalive Updates/sb_ 1105_ Bill text.him 5/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (3) (A) A total of four members representing each of the four remaining subregions of east county, north county coastal, north county inland, and south county. (B) For purposes of selecting the four members under this paragraph, each city within a subregion shall be entitled to vote to select a candidate for consideration and appointment. (b) Six alternate members may be chosen in the same manner as the six voting members selected pursuant to subdivision (a). (c) (1) The board may consist of the following ex officio members if appropriate to roles and responsibilities of the board, as determined by the board: (A) The SANDAG Board Chair, First Vice Chair, and Second Vice Chair. (B) Directors of housing authorities located within San Diego County. (2) All ex officio members shall be nonvoting members. ( d) (1) The governing body of each appointing entity shall make their appointments to the SD REEF board annually by January 10, and as necessary when vacancies occur. Each member agency shall confirm the appointment of its primary and alternate SD REEF board members by sending a written letter to the clerk of the board. Appointments shall go into effect immediately following approval by the member agencya€™s governing body. (2) The SANDAG chair shall provide notice requesting that SANDAG board members from each of the subregions appoint an SD REEF board member or alternate, as authorized. Each subregion shall ensure that the clerk of the board is notified of the date, time, and location for that subregiona€™s meeting. A majority of the primary members present at the subregion meeting shall make a selection. An alternate member may vote in the absence of the primary member. Appointments shall be made by January 31 or as vacancies occur. Appointments shall go into effect immediately upon approval by the subregion. (3) In addition to the voting members, all ex officio organizations will make an annual appointment by January 31. If any organization with ex officio representation fails to make an appointment, the current representative shall continue to serve until a replacement appointment is made by their respective organization. (e) (1) The chair and vice chair shall be elected by the SD REEF board in February or as vacancies occur. The chair and vice chair can be primary or alternate members of the SAND AG board but must be primary members of the SD REEF board. (2) The appointments shall go into effect immediately. (f) (1) SANDAG board alternates selected to chair the SD REEF board are strongly encouraged to attend all SANDAG board meetings, to represent SD REEF, and provide information to the SANDAG board concerning actions taken. (2) If an organization with voting rights or a subregion is unrepresented at three committee meetings during the term, the chair or vice chair shall send a letter to the applicable appointing body or group. (3) In order to ensure a quorum, full participation, fairness, and comprehensive knowledge of the items discussed at meetings, members who are eligible for compensation for attendance shall be present for at least one-half of the time set for the meeting or the duration of the meeting, whichever is less, in order to be eligible for compensation under subdivision (g). (g) Primary members of the board shall be compensated one hundred dollars ($100) per meeting, adjusted periodically as the board directs to keep pace with inflation. A member may waive a payment of per diem file:///Q:/CITYMGR/1-JASON/Legislalive/Legislative Updates/sb_ 1105_ Bill text.him 6/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him authorized by this subdivision. Out-of-state travel and conference travel shall be compensated by the board membera.€™s home city or county. (h) Parliamentary procedure at all meetings shall be governed by Roberta.€™s Rules of Order, Newly Revised. (i) (1) A majority of the voting members constitute a quorum for the transaction of business. In order to act on any item, the affirmative vote of the majority of the members of the board present is required. However, after a vote of the members is taken, a weighted vote may be called by the members of any two jurisdictions. (2) For the weighted vote, there shall be a total of 100 votes. Each subregional representative shall have that number of votes determined by the apportionment formula established by this paragraph, provided that each subregional representative shall have at least one vote, no subregional representative shall have more than 50 votes, and there shall be no fractional votes. (A) If any subregion has 50 percent or more of the total population of the San Diego County region, 50 votes shall be allocated to that subregion and subparagraph (B) shall apply. (B) Total the population of the remaining subregions determined in subparagraph (A) and compute the percentage of this total for each subregion. Each percentage derived above by 50 shall be multiplied to determine fractional shares and fractions that are less than one shall be boosted to one and the whole number. (i) If the calculation pursuant to this subparagraph is 50, all fractions shall be dropped and the whole numbers shall be the votes for each subregion. (ii) If the calculation pursuant to this subparagraph is less than 50, the remaining vote or votes shall be allocated one each to the subregion that has the highest fraction, excepting those whose vote was increased to one pursuant to this subparagraph. (iii) If the calculation pursuant to this subparagraph is more than 50, the excess vote or votes shall be taken one each from the subregion with the lowest fraction. a.€,In no case shall a vote be reduced to less than one. (C) If no subregion has 50 percent or more of the total population of the San Diego County region, the total population of each subregion shall be calculated and the percentage that each subregion has of the total population of the San Diego County region. Fractions that are less than one shall be boosted to one and the whole number. (i) If the calculation pursuant to this subparagraph is 100, all fractions shall be dropped and the whole numbers shall be the votes for each subregion. (ii) If the calculation pursuant to this subparagraph is less than 100, the remaining vote or votes shall be allocated one each to the subregion that has the highest fraction excepting those whose vote was increased to one pursuant to this subparagraph. (iii) If the calculation pursuant to this subparagraph is more than 100, the excess vote or votes shall be taken one each from the subregion with the lowest fraction. a.€,In no case shall a vote be reduced to less than one. (3) When a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote. (4) Approval under the weighted vote procedure requires the vote of not less than two members and not less than 51 percent of the total weighted vote to supersede the original action of the board. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 7/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (5) For purposes of this subdivision, the population of the subregion of the County of San Diego shall be the population in the unincorporated area of the county. (6) The weighted vote formula established under this subdivision shall be recalculated on July 1 of each year. G) 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 (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Refonn Act of 1974 (Title 9 (commencing with Section 81000)). 62811.1. Every member of the board shall be subject to Article 2 ( commencing with Section 87200) of Chapter 7 of Title 9. 62811.2. (a) Except as provided in subdivision (b) and ( c ), 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 68211. (b) The membership of any member serving on the agency as a result of holding another public office shall tenninate when the member ceases holding the other public office. ( c) The initial four-year term for one or more of the members may be shortened for the purpose of ensuring that the members will serve staggered terms. 62811.3. (a) The board may appoint a chief executive officer, general counsel, board secretary, or any other officers as deemed necessary who shall act for the agency under its direction and perform those duties delegated by the board. If the agency reaches an agreement with SANDAG to utilize its staff pursuant to Section 62813, appointments shall be made from existing SANDAG staff. (b) Any officers may 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 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. 62811.4. (a) The board shall appoint an inspector general to a renewable term of office of four years. The inspector general may be removed from office 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. (b) The inspector general shall, at a noticed public hearing of the agency, report quarterly on the impact or cost- effectiveness of investments and projects, and on expenditures of the agency for travel, meals and refreshments, and any other expenditures specified by the agency. · 62812. (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 a€reorganizational unit.a€ (b) The board may delegate to an organizational unit or to its officers 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 up to authority limits established by the board, except that final approval of labor contracts shall require board approval. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 8/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (2) Hearing and resolving bid protests. (c) Notwithstanding the above, if the agency reaches agreement with SANDAG to utilize its staff pursuant to Section 62813, the agency shall utilize the policies established by SANDAG for its operations. 62812.s. 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. 62813. The members of the board shall be appointed by April 1, 2023. The agency shall have no powers, duties, or responsibilities until all board members are appointed and one of the following occurs: (a) The agency receives dedicated funding from the state or local agencies. (b) The agency reaches an agreement with SANDAG to utilize their staff with the understanding that additional staff with expertise in affordable housing finance will be needed to administer the funding authorized in this chapter. ( c) Voters approve a measure for the agency to generate revenue pursuant to this title. 62814. A member of the board shall exercise independent judgment on behalf of the interests of the residents, the property owners, and the public of San Diego County in furthering the intent and purposes of this title. 62815. (a) The board shall hold its first meeting at a time and place within San Diego County fixed by the chair of the board. (b) After the first meeting described in subdivision (a), the board shall hold meetings at times and places determined by the board. 62816. (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, resolution, or minute action. 62817. (a) The board shall form an advisory committee that adheres to the guiding principles of ensuring that the region produce enough equitable and environmentally friendly housing, while preserving equitable housing, and providing rental protections. The committee shall be composed of up to 18 voting members with knowledge and experience in the areas of affordable housing finance and development, or housing preservation, or rental protections. The advisory committee shall meet as necessary and provide substantial assistance and feedback in the development of the annual expenditure plan, performance monitoring, and the overall implementation of agency programs. The advisory committee shall report directly to the board and the public. Consistent with the provisions of this chapter, the advisory committee shall provide consultation and make recommendations to the board. The advisory committee shall meet as often as is necessary to fulfill its roles and responsibilities. The board may add additional seats to the advisory committee at its discretion. (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 shall offer their unique knowledge and experience in the areas of affordable housing finance and development, rental protection, and housing preservation. The committee members shall meet both of the following requirements: ( 1) Reside in San Diego County. (2) Be subject to conflict-of-interest provisions. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 9/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him ( c) A person may apply to the Office of the Inspector General or any SD REEF board member to become a member of the committee. The board shall select the members of the committee every two years, at a date set with 90 daysa€™ notice by the chair of the board. The committee seats shall be flexible with preferences for each of the following professions or areas of expertise: (1) A flexible seat for a person with relevant experience in housing. (2) A person with experience in senior-level decision making in affordable housing development, preservation, and operations and with a minimum of five years of relevant experience in that field. (3) A person with experience in housing finance and with a minimum of five years of experience in that field. (4) A person with experience in labor organizing or advocacy with a minimum of five years of experience in that field. (5) A person with experience in environmental sustainability including organizing, advocacy, or policymaking with a minimum of five years of experience in that field. (6) A person with experience in the housing challenges facing older adults or people with disabilities and with a minimum of five years of experience in that field. (7) A person with experience in the housing challenges facing workforce and middle-income households with a minimum of five years of experience in that field. (8) A person with experience in the housing challenges facing communities of color or cultural communities with a minimum of five years of experience in that field. (9) A 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. (10) A person with experience in academic research, think tanks, or policymaking with a focus on housing policy and practice and a minimum of 10 years of experience in that field. (11) A person with lived experience as a low-or moderate-income tenant, with a minimum of five years in the field, or experiencing homelessness, with a minimum of five years in the field. (12) A young person between 18 and 24 years of age with demonstrated lived experience of homelessness, or lived experience as a low-or moderate-income tenant, or demonstrated experience as an organizer or advocate around housing affordability challenges with community-based organizations. (13) A person with relevant experience in the intersection of housing and education issues, with a minimum of five years of experience in that field. (14) Two people with relevant experience in the intersection of housing and health issues, with a minimum of five years of experience in that field. (15) A person with relevant experience as a local employer facing workforce housing challenges, with a minimum of five years of experience in that field. (16) A person with relevant experience as a private sector mixed-income housing developer, with a minimum of five years of experience in that field. (17) A person over the age of 55 with demonstrated lived experience of the housing challenges facing older adults. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 10/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him ( d) A committee member may be removed from their position by the inspector general or 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. 62818.1. (a) The members of the advisory committee shall be subject to the agencyaE™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. (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. Each member of the committee shall serve for a term of three years, and until a successor is appointed, except that initial appointments may be staggered with terms of two years as proposed by the inspector general. ( c) A committee member shall serve no more than three terms on the committee. ( d) Any member may, at any time, resign from the committee upon written notice delivered to the agency. Change of residence to outside San Diego County shall constitute a memberaE™s automatic resignation. ( e) The members shall elect a chair and vice chair at the first meeting of the advisory 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 committee. 62818.2. (a) The advisory committee shall meet as necessary to fulfill their roles and responsibilities. (b) The agency, led by the Office of the Inspector General and in partnership with the advisory committee, shall conduct a biennial performance review of all projects and programs implemented under the expenditure plan. The review shall evaluate project and program performance, outcome metrics, and make recommendations to improve plan performance, based on current practices and best practices, and organizational changes that could improve coordination. 62819. The agency shall engage in public participation processes, which shall include the following: (a) 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, labor representatives, environmental stakeholders, nonprofit developers, neighborhood and community groups, environmental advocates, equity organizations, home builder representatives, and business organizations. (b) 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. The agency shall give public notice, through posting on the internet, for the final adoption of the annual funding plan. The board may choose to hold a public meeting to discuss a project or development when appropriate. ( c) A process for enabling members of the public to provide an annual written request to receive agency notices, information, updates, reports, and performance data. CHAPTER 3. Powers of the San Diego Regional Equitable and Environmentally Friendly Housing Agency 62820. In implementing this title, the agency may do all of the following: (a) Place on the ballot in San Diego County, including all its incorporated cities funding measures, in accordance with applicable constitutional and statutory requirements, to raise and allocate funds to the County of San Diego, the cities in San Diego County, and other public agencies and equitable housing projects within its jurisdiction file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 11/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him for purposes of producing and preserving equitable and environmentally friendly housing and supporting rental protection activities. (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, issue bonds, and otherwise incur liabilities or obligations in accordance with Article 3 ( commencing with Section 62870) 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. (i) 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. (1) Utilize SANDAG staff if agreed upon by SAND AG. (m) Assemble parcels and lease, purchase, or otherwise acquire land for housing development. (n) Sell or dispose of land or assets or enter into ground lease agreements, consistent with the agencya€™s purpose and eligible activities or where a parcel under the agencya€™s control is deemed to be inappropriate for housing development. ( o) Collect data on housing production and monitor progress on meeting regional and state housing goals. (p) Provide public information about the agencya€™s housing programs and policies. ( q) Allocate and deploy capital and generated fees, revenue, or income in the form of grants, loans, equity, interest rate subsidies, credit enhancements, loan guarantees, and other financing tools to San Diego County, cities within San Diego County, public agencies within San Diego County, and to equitable housing projects to supp01i the production and preservation of equitable and environmentally friendly housing, and rental protection programs, in accordance with applicable constitutional and statutory requirements. (r) Establish and modify the terms of potential capital investments deployed by the agency, including waiving or forgiving interest or principal payments. (s)Colleet data Oft housing produetioft Md monitor progress Oft meeting regiorial aftd state h:ousiftg goals. ft) file:I//Q:/CITYMGR/1-JASON/Legislalive/Legislative Updates/sb_ 1105_ Bill text.him 12/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (s) Provide support and technical assistance to local governments in relation to producing and preserving equitable housing and providing rental protections. (t) Provide the public with information about the agencya€™s housing programs and policies. (u) 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). The agency shall be deemed a a€celocal agencya€ for purposes of the Marks-Roos Local Bond Pooling Act of 1985. (v) Any other express or implied powers necessary to carry out the intent and purposes of this title. 62821. (a) If the agency or a qualified voter initiative proposes a measure pursuant to subdivision (a) of Section 62820 that will generate revenues, the San Diego County Board of Supervisors shall call a special election on the measure. The special election shall be consolidated with a statewide election and the measure shall be submitted to the voters of San Diego 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 a qualified voter initiative that requires voter approval shall be submitted to the voters of San Diego 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 Xllla€%oB 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 62820 that would generate revenues, the agency shall reimburse the County of San Diego 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, a€ceincremental costsa€ 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 San Diego 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. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 13/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him ( e) The summary of the annual expenditure plan shall be prepared by the board and include all of the following: (I) 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 equitable and environmentally friendly 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 San Diego 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 San Diego County to administer the ballot measure process and any election, and the elections official of San Diego County shall perform those services. 62822. 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 and Performance Review 62830. The board shall provide for regular financial audits of the agencyaE™s accounts and records, and, 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. The board shall provide for regular performance and impact audits of the agencyaE™s account and records. 62831. The board shall provide for annual financial and performance reports with significant input from the inspector general and the advisory committee. The board shall make copies of the annual financial report and annual performance reports available to the public. PART 2. Activities of the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency CHAPTER 1. General Provisions 62850. (a) The agency, either directly or through qualified voter initiative, may raise and allocate new regional housing revenue through all of the following funding mechanisms: (I) Special taxes, subject to voter approval, as provided in Article I ( commencing with Section 62851) of Chapter 2, as follows: (A) A parcel tax, as provided in Section 62851. (B) A gross receipts business license tax, as provided in Section 62852. (C) A special business tax, as provided in Section 62653. file:I//Q:/CITYMGR/1-JASON/Legislative/Legislalive Updates/sb_ 1105_ Bill text.him 14/35 7/13/22, 10:56AM sb_ 1105_ Bill text.htm (D) A special tax on vacant real property, as provided in Section 62854. (E) A special tax on real property, as provided in Section 62856. (F) A commercial linkage fee, as provided in Article 2 ( commencing with Section 62860) of Chapter 2. (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 3 (commencing with Section 62870) of Chapter 2, in accordance with applicable constitutional requirements. (b) One or more local jurisdictions, including the County of San Diego, may either directly or through qualified voter initiative, raise and allocate new regional housing revenue through a documentary transfer tax, as provided in Section 62855. ( c) Except as otherwise provided in this subdivision, all regional housing revenue mechanisms may be applicable to the entirety of, or a portion of, San Diego County. ( l) The portion of the area of the region to which each funding mechanism would apply shall be determined by the board, or by the qualified voter initiative, before the electors vote on the measure. If the portion of the region is determined by the agency, then the agency shall provide written notification to each jurisdiction and tribal nation within the applicable portion. Each jurisdiction and tribal nation may opt out of the revenue measure by submitting a resolution to the agency within 60 days of the notice. (2) The incorporated area of each city shall be either wholly included within that portion or wholly excluded from that portion. (3) The entire unincorporated area of the County of San Diego shall either be wholly included within that portion or wholly excluded from that portion. with the exception of tribal nations. Each tribal nation may opt out of a revenue measure, as described in paragraph (1). (4) For each regional housing revenue mechanism, the portion of the region that the revenue mechanism applies shall match the portion of the region to which funds are eligible to be deployed. ( 5) If the revenue mechanism is applicable to a portion of the region, then only the voters within that portion shall vote on the measure. (d) Notwithstanding subparagraph (c), in the event that one or more local jurisdictions or tribal nations enact housing revenue mechanisms that apply to one or more local jurisdictions or tribal nations, the agency may enter into an agreement to administer such funds on behalf of the local jurisdictions. CHAPTER 2. Revenue Article 1. Special Taxes 62851. (a) Subject to Section 4 of Article XIIIa€%oA of the California Constitution, qualified voter initiative, or approval by the board, the agency may impose, by resolution or by ordinance, a parcel tax within San Diego County 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 62821, and any other procedures applicable by law. (b) For purposes of this section, a€reparcel taxa€ means a special tax imposed upon a parcel of real property at a rate that is determined without regard to that propertya€™s assessed value and that applies to all taxpayers or all real property within the jurisdiction of the local government. a€reParcel taxa€ does not include a tax imposed on a particular class of property or taxpayers. file:I//Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.htm 15/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.htm ( 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 tax shall be collected at the same time, and in the same manner, as the ad valorem taxes on real property authorized by Section 1 of Article XIIIa€%oA of the California Constitution are collected, and shall be subject to the same penalties and interest and to the same procedure for foreclosure and sale in case of delinquency as provided for those taxes. All laws applicable to the levy, collection, and enforcement of the ad valorem taxes on real property authorized by Section 1 of Article XIIIa€%oA of the California Constitution are hereby made applicable to the taxes imposed under this section. 62852. (a) (1) The agency may impose, subject to approval by the board by resolution or by ordinance before the agency takes action to approve the placement of a measure on the ballot, or action of the elections official, including by qualified voter initiative, a special tax, measured by gross receipts, for the privilege of engaging in any kind of lawful business transacted in San Diego County 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 62821, 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. (D) Any other details the agency may establish that are within the scope of a charter citya€™s power. (b) If the agency levies a special tax pursuant to subdivision (a) upon a business operating both within and outside the agencya€™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 50l(c)(3) of the Internal Revenue Code or a successor to that section. ( d) Taxes levied pursuant to this section shall be collected in the following manner: (1) The local jurisdiction or the county tax collector shall be responsible for collecting the tax revenue. Local jurisdictions can recover their administrative costs by charging a fee to the agency. (2) The local jurisdiction or the county shall create policies and procedures necessary to collect tax revenue, including, but not limited to, policies that achieve both of the following: (A) Ensure adequate enforcement of the taxes levied pursuant to this section. (B) Provide subjects of a tax with an opportunity to appeal. 62853. (a) (1) The agency may impose, either directly or through qualified voter initiative, a special tax measured by the number of employees employed by the taxpayer for the privilege of engaging in any kind of lawful business activity transacted in San Diego County 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 62821, and any other applicable procedures provided by law. file:I//Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.htm 16/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.htm (2) The resolution imposing a special tax pursuant to this subdivision may provide for 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 agencya.€™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 50l(c)(3) of the Internal Revenue Code or a successor to that section. ( d) Taxes levied pursuant to this section shall be collected consistent with subdivision ( d) of Section 65 852. 62854. (a) Subject to Section 4 of Article XIlla.€%oA of the California Constitution, the agency may impose, either directly or through qualified voter initiative, a special tax on vacant real property that is vacant for a substantial portion of the calendar year. The tax rate shall not exceed six thousand dollars ($6,000) annually for vacant residential, nonresidential, and undeveloped properties with annual inflation adjustments with the consumer price index. (b) For the purposes of this section, a parcel of real property shall be deemed a.€revacanta.€ and subject to the tax imposed if the parcel is not in use for a substantial portion of the calendar year. A property shall not be deemed vacant if it is in use at least 50 days during a calendar year. ( c) The agency, either directly or through qualified voter initiative, may create categorical exemptions that include, but are not limited to, the following: (1) An owner who qualifies as a.€revery low income,a.€ as that term is defined by the United States Department of Housing and Urban Development. (2) An owner for whom the payment of the tax imposed would be a financial hardship due to specific factual circumstances. (3) An owner whose property is vacant as a result of a demonstrable hardship that is unrelated to the ownera.€™s personal finances. (4) An owner who can demonstrate that exceptional specific circumstances prevent the use or development of the property. (5) An owner of a property that is under active construction. To qualify for this exemption, an owner must call for inspections of the construction with sufficient frequency to keep the building permit or permits active. (6) An owner of property for which an active building permit application is being processed by a local jurisdiction. (7) An owner who is 65 years of age or older and who qualifies as a.€relow income,a.€ as that term is defined by the United States Department of Housing and Urban Development. (8) An owner who, regardless of age, receives Supplemental Security Income for a disability or Social Security Disability Insurance benefits, and whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services. (9) An owner that is a nonprofit organization or entity owned or controlled by a nonprofit organization. file:I//Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 17/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (10) An owner of a parcel included in a substantially complete application for planning approvals that has not yet received approval. An owner of a parcel for which a project with development entitlements has been approved but needing time for completion may apply for and receive an administrative two-year exemption. (11) Properties located in environmentally sensitive areas including, but not limited to, open space, parks or preserves, and undevelopable natural areas. ( d) The San Diego County Treasurer-Tax Collector shall establish a methodology for determining and identifying the use and vacancy status of each parcel of real property in the County of San Diego. ( e) The San Diego County Treasurer-Tax Collector shall establish the procedures and guidelines for owners to apply for, and grant, the exemptions identified in this section. Owners who claim an exemption may be required to submit information annually to substantiate their continuing qualification for the exemption. (f) Revenues collected by the San Diego County Treasurer-Tax Collector shall be remitted to the agency to serve as program revenue. 62855. (a) Subject to Section 4 of Article Xllla€%oA of the California Constitution, one or more local jurisdictions within the County of San Diego, including the County of San Diego, may impose by resolution or by ordinance before the local jurisdictions take action to approve the placement of a measure on the ballot or by action of the elections official, including by a qualified voter initiative, a special documentary transfer tax pursuant to Part 6. 7 ( commencing with Section 11901) of Division 2 of the Revenue and Taxation Code provided, however, that the tax shall be in addition to any city or county tax under that section and not subject to the limits provided in Section 11911 of the Revenue and Taxation Code. (b) A special documentary tax may be applicable to the entirety of, or any portion of, San Diego County. (1) The portion of the area of the region to which the tax would apply shall be determined by the local jurisdictions, including the County of San Diego, or by the qualified voter initiative, before the electors vote on the measure. If the portion of the region is determined by the County of San Diego, then the county shall provide written notification to each jurisdiction and tribal nation within the applicable portion. Each jurisdiction and tribal nation may opt out of the tax measure by submitting a resolution to the County of San Diego within 60 days of the notice. (2) The incorporated area of each city shall be either wholly included within that portion or wholly excluded from that portion. (3) The entire unincorporated area of the County of San Diego shall either be wholly included within that portion or wholly excluded from that portion with the exception of tribal nations, provided, however, that each tribal nation may opt out of a revenue measure as described in paragraph (1) of subdivision ( c) of Section 62850. (4) If the tax is applicable to a portion of the region, then only the voters within that portion shall vote on the measure. (5) The portion of the region that the tax applies shall match the portion of the region to which funds are eligible to be deployed. ( c) The special documentary transfer tax may be a series of tiered rates that respond to changes in assessed unimproved land between property purchase and sale. ( d) The tax shall be collected by the San Diego County Treasurer-Tax Collector and remitted to the agency. 62856. (a) Subject to Section 4 of Article Xllla€ %0 A of the California Constitution, the agency may impose, subject to approval by the board by resolution or ordinance before the agency takes action to approve the placement of a measure on the ballot, including by action of the elections official or a qualified voter initiative, a file:I//Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 18/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him special parcel tax on a property owner, and related affiliates, that own a rental housing portfolio that exceeds 500 units. (b) The special tax may have graduated tax rates with incrementally higher rates applying for larger portfolios. ( c) The special tax shall be assessed annually and include exemptions for nonprofit entities and affordable housing operators. ( d) The special tax shall be administered by the San Diego County Treasurer-Tax Collector. ( e) The San Diego County Treasurer-Tax Collector shall establish procedures and guidelines for exemptions for low-income persons, nonprofit entities, and affordable housing operators. (f) The San Diego County Treasurer-Tax Collector shall remit collected tax funds to the agency to serve as program revenue. (g) The San Diego County Treasurer-Tax Collector shall establish guidelines and procedures for appeals. 62857. 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 pursuant to this chapter 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. Commercial Linkage Fee 62860. As used in this article: (a) a€reCommercial development projecta€ means any project involving the issuance of a permit by an underlying land use jurisdiction for construction, not including remodeling of an existing property, that is undertaken within San Diego County for the development of land for commercial use, but does not include any project involving solely a permit to operate. (b) a€reCommercial linkage feea€ means a monetary exaction, other than a tax or special assessment, established for a broad class of projects by legislation of general applicability that is charged to an applicant in connection with the approval of a commercial development project by an underlying land use jurisdiction to address the need for additional housing development necessitated by that commercial development project, as determined pursuant to the nexus study undertaken pursuant to subdivision (b) of Section 62861. (c) a€reUnderlying land use jurisdictiona€ means any of the following entities, as applicable, that has jurisdiction over the approval of a commercial development project: (1) The County of San Diego. (2) Incorporated cities located within the territorial boundaries of the County of San Diego, including all of the following and any city incorporated after the effective date of this section: (A) The City of Carlsbad. (B) The City of Chula Vista. (C) The City of Coronado. (D) The City of Del Mar. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 19/35 7/13/22, 10:56 AM (E) The City of El Cajon. (F) The City of Encinitas. (G) The City of Escondido. (H) The City of Imperial Beach. (I) The City of La Mesa. (J) The City of Lemon Grove. (K) The City of National City. (L) The City of Oceanside. (M) The City of Poway. (N) The City of San Diego. (0) The City of San Marcos. (P) The City of Santee. (Q) The City of Solana Beach. (R) The City of Vista. sb_ 1105_ Bill text.him 62861. (a) (1) The board may establish, increase, or impose a commercial linkage fee, in an amount not to exceed ten dollars ($10) per square foot, within San Diego County by enactment of a resolution, in accordance with the requirements of this article, that is in addition to any fee, as defined in Section 66000, that is levied by an underlying land use jurisdiction. (2) The fee shall be adjusted on July 1 of each year, in accordance with the California Construction Cost Index. The annual adjustment may increase the fee to be greater than the ten-dollar ($10) maximum imposed by paragraph (1 ). (3) (A) The board may establish, increase, or impose a commercial linkage fee pursuant to this article by a resolution that provides for a fee assessed on commercial development projects within San Diego County. (B) A resolution establishing or revising the fee shall provide that the amount of the fee required to be paid shall be reduced by the amount that the applicant is required to pay, if any, for a commercial linkage fee for affordable housing imposed by the relevant underlying land use jurisdiction. (4) The board shall not establish a commercial linkage fee pursuant to paragraph (1) until the voters approve a parcel tax pursuant to Section 62851 or a general obligation bond pursuant to Section 62871. (b) Before establishing, increasing, or imposing a commercial linkage fee, the board shall prepare a regional jobs and housing nexus study in order to support the necessity and amount of the fee. The study, or separate study conducted before the establishment of a commercial linkage fee, shall examine the factors listed in paragraph (5) of subdivision ( d), may consider other potential consequences, and shall take into consideration the potential impact of the fee on the creation of high-paying jobs for people without four-year degrees. ( c) Expenditures of proceeds from a commercial linkage fee shall be limited to affordable housing production, preservation, and tenant protection, as described in Section 62880. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 20/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him ( d) In any action to establish, increase, or impose a commercial linkage fee, the board shall do all of the following: (1) Identify the purpose of the commercial linkage fee. (2) Determine how there is a reasonable relationship between the feea€™s use and the type of commercial development project on which the fee is imposed, based on the regional nexus study prepared pursuant to subdivision (b ). (3) Determine how there is a reasonable relationship between the need for housing and the type of commercial development project on which the fee is imposed, based on the regional nexus study prepared pursuant to subdivision (b ). (4) Determine how there is a reasonable relationship between the amount of the fee and the cost of the housing necessitated by the commercial development project that is attributable to the development on which the fee is imposed, based on the regional nexus study prepared pursuant to subdivision (b ). (5) (A) Adopt findings that, based upon the boarda.€™s analysis and the regional nexus study, the commercial linkage fee: (i) Would concentrate jobs near transit. (ii) Would not reduce commercial development and space for jobs, particularly in economically disadvantaged areas. (iii) Would not exacerbate intraregional job-to-housing imbalances. (iv) Would not disincentivize mixed-use development. (B) The board shall provide analysis to support the findings and consider other potential consequences of the fee. ( e) The board and the agency shall suspend the imposition of a commercial linkage fee after two consecutive quarters of negative gross domestic product growth within San Diego County. The fee may be reinstated after two consecutive quarters of positive gross domestic product growth within San Diego County. The board may reinstate the fee by resolution that states the condition in the previous sentence is met but shall not be subject to subdivisions (b ), ( c ), or ( d) of this section. 62862. (a) A commercial linkage fee established, increased, or imposed pursuant to this article shall not exceed the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed, as determined in the regional nexus study pursuant to subdivision (b) of Section 62861 . (b) It is the intent of the Legislature in adding this section to codify existing constitutional and decisional law with respect to the imposition of development fees and monetary exactions on developments by local agencies. This section is declaratory of existing law and shall not be construed or interpreted as creating new law or as modifying or changing existing law. 62863. (a) Before adopting a resolution imposing a new commercial linkage fee or approving an increase in an existing commercial linkage fee pursuant to this article, the board shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. The board shall publish a notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a. (b) Any costs incurred by the board in conducting the hearing required pursuant to subdivision (a) may be recovered as part of the commercial linkage fee that is the subject of the hearing. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 21/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him 62864. (a) Except as otherwise provided in subdivision (c), if the board adopts a resolution or other legislative enactment imposing a new commercial linkage fee or approving an increase in an existing commercial linkage fee and the board adopts a resolution concurring with the establishment, imposition, or increase of the fee consistent with subdivision (a) of Section 62861, each underlying land use jurisdiction shall, as a condition of approving a commercial development project for which it receives an application for a conditional use permit or other discretionary or ministerial approval, require an applicant to pay the amount of commercial linkage fee established, imposed, or increased by the board pursuant to this article. The underlying land use jurisdiction shall provide notice to the applicant that does all of the following: (1) Notifies the applicant that the board has established, increased, or imposed a commercial linkage fee pursuant to this article. (2) States the amount of commercial linkage fee established, increased, or imposed by the board. (3) States that the applicant may protest the commercial linkage fee, as provided in Section 62865, and notifies the applicant that the 90-day period for that protest and the 180-day period for filing an action specified in subdivision ( c) of Section 62865 has begun. (b) Each underlying land use jurisdiction shall collect and, after deduction of any actual and necessary administrative costs incurred by the underlying land use jurisdiction, remit the amount of commercial linkage fee established, increased, or imposed pursuant to this article to the agency. An underlying land use jurisdiction shall remit the amounts required by this subdivision on or before the last day of the month next succeeding each calendar quarterly period. ( c) If any amount of commercial linkage fee increased, or imposed pursuant to this article is found by a final, nonappealable judgment to be invalid pursuant to Section 62865, each underlying land use jurisdiction shall immediately cease collection of the commercial linkage fee. 62865. (a) Any party may protest the imposition of a commercial linkage fee imposed on a commercial development project by the agency pursuant to this article as follows: (1) The party shall pay the total amount of commercial linkage fee required by the resolution enacted pursuant to Section 62861, or post security satisfactory to the agency to ensure payment. (2) Serving a written notice on the board and the legislative body of the relevant underlying land use jurisdiction that contains all of the following information: (A) A statement that the required payment is tendered or will be tendered when due under protest. (B) A statement informing the board and legislative body of the underlying land use jurisdiction of the factual elements of the dispute and each legal theory forming the basis for the protest. (b) Compliance by any party with subdivision (a) shall not be the basis for an underlying land use jurisdiction to withhold approval of any map, plan, permit, zone change, license, or other entitlement, whether discretionary or ministerial, incident to, or necessary for, the commercial development project. This section does not limit the authority of an underlying land use jurisdiction to ensure compliance with all applicable provisions of law in determining whether to approve or disapprove entitlements for a commercial development project. (c) (1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the commercial development project or within 90 days after the date of the imposition of the commercial linkage fee to be imposed on a commercial development project. (2) Any party who files a protest pursuant to subdivision (a) may file an action to attack, review, set aside, void, or annul the imposition of the commercial linkage fee on a commercial development project within 60 days after the delivery of the notice required by subdivision (a) of Section 62864. Thereafter, notwithstanding file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.htm 22/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him any other law, all persons shall be barred from any action or proceeding or any defense of invalidity or unreasonableness of the imposition. Any proceeding brought pursuant to this subdivision shall be brought pursuant to Section 863 of the Code of Civil Procedure and shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain, forcible entry, and unlawful detainer proceedings. (d) (1) If the court grants a judgment to a plaintiff invalidating, as enacted, all or a portion a resolution establishing, increasing, or imposing a commercial linkage fee, the court shall direct the agency to refund the unlawful portion of the payment, plus interest at an annual rate equal to the average rate accrued by the Pooled Money Investment Account during the time elapsed since the payment occurred, or to return the unlawful portion of the exaction imposed. (2) If an action is filed within 120 days of the date at which a resolution to establish or modify a commercial linkage fee to be imposed on a commercial development project takes effect, the portion of the payment or exaction invalidated shall also be returned to any other person who, under protest pursuant to this section and under that invalid portion of that same resolution as enacted, tendered the payment or posted security satisfactory to the agency to ensure payment, or provided for or satisfied the exaction during the period from 90 days before the date of the filing of the action which invalidates the payment or exaction to the date of the entry of the judgment referenced in paragraph (1). ( e) The imposition of a commercial linkage fee occurs, for the purposes of this section, when it is imposed or levied on a specific commercial development project. 62866. (a) In any judicial action or proceeding to validate, attack, review, set aside, void, or annul any resolution providing for the increase or imposition of a commercial linkage fee pursuant to this article in which it is alleged that the fee is a special tax within the meaning of Section 50076, the board and the agency shall have the burden of producing evidence to establish that the commercial linkage fee does not exceed the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed, as determined in the regional nexus study pursuant to subdivision (b) of Section 62861. (b) A party may initiate an action or proceeding pursuant to subdivision (a) only if both of the following requirements are met: (1) The commercial linkage fee was imposed on the party as a condition of project approval, as provided in Section 62864. (2) At least 30 days before initiating the action or proceeding, the party requests that the board and the agency provide a copy of the documents, including, but not limited to, the regional nexus study prepared pursuant to subdivision (b) of Section 62861 , that establish that the commercial linkage fee does not exceed the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed. In accordance with subdivision (b) of Section 6253, the board and the agency may charge a fee for copying the documents requested pursuant to this paragraph. ( c) For purposes of this section, the reasonable costs of providing the housing shall be determined in accordance with fundamental fairness and consistency of method as to the allocation of costs, expenses, revenues, and other items included in that calculation. 62867. (a) Any person may request an audit in order to determine whether any fee or charge levied by the board exceeds the amount necessary to cover the reasonable cost of providing the housing necessitated by the commercial development project for which the commercial linkage fee is imposed, as determined in the regional nexus study pursuant to subdivision (b) of Section 62861. If a person makes that request, the board and the agency may retain an independent auditor to conduct an audit to determine whether the commercial linkage fee is reasonable, but is not required to conduct the audit if an audit has been performed for the same fee within the previous 12 months. file:///Q:/CITYMGR/1-JASON/Legislative/Legislalive Updates/sb_ 1105_ Bill text.him 23/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.htm (b) If an audit pursuant to this section determines that the amount of any commercial linkage fee or charge does not meet the requirements of this article, the board shall adjust the fee accordingly. ( c) The agency shall retain an independent auditor to conduct an audit only if the person who requests the audit deposits with the agency the amount of the boarda€™s reasonable estimate of the cost of the independent audit. At the conclusion of the audit, the agency shall reimburse unused sums, if any, or the requesting person shall pay the agency the excess of the actual cost of the audit over the sum which was deposited. ( d) Any audit conducted by an independent auditor pursuant to this section shall conform to generally accepted auditing standards. 62868. Any action by the board or interested person under this article shall be brought pursuant to Chapter 9 ( commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. Article 3. Bonds 62870. 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. 62871. (a) The agency, with approval of two-thirds of the voters, may levy ad valorem property taxes to secure debt pursuant to paragraph (2) of subdivision (b) of Section 1 of Article Xllla€ %0 A of the California Constitution. (b) For purposes of incurring 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. 62872. (a) (1) For purposes of this section, a€ceagency revenuesa€ 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 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 a€ceenterprisea€ within the meaning of Section 54309. (3) To exercise the powers described in this section, the agency shall ensure that any annual expenditure plan summary prepared pursuant to Section 62821 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 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. file:I//Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.htm 24/35 7/13/22, 10:56 AM sb_1105_ Bill text.him (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 officera€™s signature is as effective as if the officer had remained in office. ( e) This section provides a complete, additional, and alternative method for 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, if bonds are issued pursuant to this article, be issued in accordance with this article. (f) Revenue bond proceeds shall be used to support capital projects and not other agency activities or operating expenses. 62872.S. 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. 62872.7. The agency may issue private activity bonds pursuant to 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-l). 62873. (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 San Diego 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 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 membera€™s signature shall be as effective as if the member had remained in office. 62874. (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. file:I//Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 25/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.htm (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. 62875. Bonds issued pursuant to this article are fully negotiable. 62876. Any action to determine the validity 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 62880. (a) (1) Revenue generated pursuant to this part shall be used to support the construction and preservation of equitable and environmentally friendly housing, rental protection programs, planning, and technical assistance related to equitable housing, and for other purposes, as provided for in this section. (2) Funding that is derived from a bond issued pursuant to Section 62871 shall be expended solely to purchase or improve real property, consistent with paragraph (2) of subdivision (b) of Section 1 of Article XIIIA of the California Constitution. (3) The agency shall distribute the revenues derived from a commercial linkage fee established, increased, or imposed pursuant to Article 2 ( commencing with Section 62860) of Chapter 2 to eligible jurisdictions in a manner that is consistent with the regional nexus study adopted by the board. An eligible jurisdiction that receives revenues pursuant to this paragraph shall use that revenue solely for equitable and environmentally friendly housing necessitated by a commercial development project on which the fee was imposed, as determined by the board pursuant to Section 62861. (b) For purposes of this section: (1) a€reRegional housing revenuesa€ are those revenues generated pursuant to Chapter 2 (commencing with Section 62851 ). For each regional housing revenue mechanism, the portion of the region that the mechanism applies shall match the portion of the region to which funds are eligible to be deployed. In the event that one or more local jurisdictions enact housing revenue mechanisms that apply to one or more local jurisdictions, the agency may enter into an agreement to administer the funding on behalf of the local jurisdictions. (2) a€reEligible jurisdictiona€ means the following jurisdictions: (A) The County of San Diego. (B) The City of Carlsbad. (C) The City of Chula Vista. (D) The City of Coronado. (E) The City of Del Mar. (F) The City of El Cajon. (G) The City of Encinitas. (H) The City of Escondido. file :1//Q :JC ITYM GR/1-JASON/Legislative/Leg islative Updates/sb _ 1105 _ Bill text. him 26/35 7/13/22, 10:56 AM (I) The City of Imperial Beach. (J) The City of La Mesa. (K) The City of Lemon Grove. (L) The City of National City. (M) The City of Oceanside. (N) The City of Poway. (0) The City of San Diego. (P) The City of San Marcos. (Q) The City of Santee. (R) The City of Solana Beach. (S) The City of Vista. sb_1105_ Bill text.htm (T) Any city incorporated within San Diego County after the effective date of this title. ( c) Subject to subdivision ( e ), regional housing revenue shall be allocated pursuant to the following: (1) Fifty percent of annual funding shall be administered by the agency at the regional level to support programs and projects consistent with the guiding principles of the agency and the equitable and environmentally friendly program parameters set forth in subdivision (d). Excluding any bond indebtedness, the following categories of eligible uses shall apply to these funds: (A) A maximum of 10 percent shall be used for the agency administrative and operations expenses. (B) A minimum of 5 percent shall be used for technical assistance to local jurisdictions, research and policy development, and data collection and analysis. Such uses may include, but are not limited to, the following: (i) Providing technical assistance grants and support to local jurisdictions in planning, housing policy development, land use and zoning policies that align with transit-oriented development, and inclusionary housing policies. (ii) Researching innovative best-practices to accelerate the production of equity and environmentally friendly housing, and developing reports, briefs, and presentations to disseminate such information among local jurisdictions. (iii) Drafting model ordinances that may be adopted by any jurisdiction in San Diego County. (iv) Collecting and tracking information related to housing costs, displacement and displacement risk, rents, and evictions in the region. (v) Maintaining a list of consultants who shall be available to provide technical assistance, research, and policy development to local jurisdictions consistent with this subparagraph. (C) A minimum of 40 percent shall be used for equitable housing production. (D) A minimum of 10 percent shall be used for equitable housing preservation. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.htm 27/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.htm (E) A minimum of 15 percent shall be used to support strategic priorities and innovation as identified in the annual expenditure plan. (F) A minimum of 5 percent shall be used to support rental and tenant protection programs for lower income households. Such uses may include, but are not limited to, legal services for tenants and landlords facing evictions or preevictions, renter and landlord education, coordinated eviction prevention systems, eviction data analysis, programs to improve housing quality and habitability, and rental assistance programs that support low-and moderate-income tenants with rental arrears at risk of eviction, including emergency rental assistance payments paid directly to landlords. (G) Notwithstanding subparagraphs (A) to (F), inclusive, a minimum of 10 percent and a maximum of 35 percent of regional funds shall be used to support first-time home buyer programs and opportunities for households at or below 135 percent of the area median income. All fast-time home buyer projects shall achieve an income average across the project of not more than 120 percent of the area median income. (2) Fifty percent of annual funding shall be allocated by the agency to local jurisdictions to be administered at the full discretion of the local jurisdiction consistent with the program parameters set forth in subdivision ( d). The board shall not create policy guidelines, preferences, or additional program parameters, beyond those set forth in subdivision ( d) that would impact the full discretion of local jurisdictions to administer the local funds. The allocation shall be based on each local jurisdictiona€™s share of very low income, low-income, and moderate-income units as a percentage of the overall regional target for very low income, low-income, and moderate-income units, as determined in the most recent regional housing needs assessment. The board shall not cause the allocation formula to be changed. A local jurisdiction may request the agency to administer all or a portion of its allocated fund. If the agency agrees to administer the funds, it shall develop and adopt an annual expenditure plan applicable to that portion of the funds that shall be approved by the board, in consultation with the local jurisdiction. Excluding any bond indebtedness, the following categories of eligible uses shall apply to these funds: (A) A maximum of 10 percent shall be used for the local jurisdiction administrative and operations expenses, or agency administrative and operations expenses if the agency agrees to administer a local jurisdictionsa€™ allocated funds. (B) A minimum of 50 percent shall be used for equitable housing production. (C) A minimum of 10 percent shall be used for equitable housing preservation. (D) A maximum of 5 percent shall be used to support rental and tenant protection programs for lower income households. Such uses may include, but are not limited to, legal services for tenants and landlords facing evictions or preevictions, renter and landlord education, coordinated eviction prevention systems, eviction data analysis, programs to improve housing quality and habitability, and rental assistance programs that support low-and moderate-income tenants with rental arrears at risk of eviction, including emergency rental assistance payments paid directly to landlords. (E) Notwithstanding subparagraphs (A) to (D), inclusive, a minimum of 10 percent and a maximum of 35 percent of local jurisdictions funds shall be used to support first-time home buyer programs and opportunities for households at or below 135 percent of the area median income. (d) Except as provided in paragraph (6), all funds dedicated to equitable housing production and preservation under subdivision ( c ), regardless of their administration by the agency or by local jurisdictions, shall be subject to program parameters established pursuant to this subdivision. The agency shall develop project eligibility and prioritization criteria based on the following parameters: (1) Funds shall be reserved consistent with the following requirements: file:I//Q:/CITYMGR/1-JASON/Legislalive/Legislative Updates/sb_ 1105_ Bill text.him 28/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.htm (A) Between 20 to 45 percent of funds shall be reserved for households earning between O and 50 percent of the area median income. (B) Between 20 to 40 percent of funds shall be reserved for households earning between 50 and 80 percent of the area median income. · (C) Between 20 to 40 percent of funds shall be reserved for moderate income households, defined as a household earning 80 to 135 percent of the area median income, provided that all first-time home buyer projects shall achieve an income average across the project not to exceed 120 percent of the area median mcome. (D) Ten percent to 35 percent of funds shall be reserved for first-time home ownership, as specified in subparagraph (G) of paragraph (1) of subdivision ( c) and subparagraph (E) of paragraph (2) of subdivision (c). The funds described in this subparagraph shall be used for first-time home buyer programs and opportunities for households at or below 135 percent of the area median income, inclusive of all funds administered by the agency and by local jurisdictions. These programs can include, but are not limited to, development subsidies to assist in the production of home ownership units dedicated to first-time home buyers, downpayment assistance, closing cost assistance, credit enhancement, credit counseling and repair programs, community land trusts, and shared appreciation mortgage products. All first-time home buyer projects shall achieve an income average across the project not to exceed 120 percent of the area median mcome. (E) One hundred percent of funds shall be resenJed for households that earn less than 135 percent of the area median income. (F) The criteria shall prioritize projects that comply with the following: (i) Projects that have secured, or are actively seeking, state or federal sources of project subsidy, including, but not limited to, tax-exempt bonds and low-income housing tax credits. (ii) Mixed-income projects that incorporate multiple income tiers, including, but not limited to, very low income, low-income, and moderate-income households. (iii) Projects that facilitate development on public land identified for equitable housing production. (F)Otte hundred pereeHt of fllflds shall be reserved for households that earn less tfl:fl:fl 135 pereeHt of the area tfledi:a-t1 i:tteome. (2) Eligible projects shall comply with all of the following: (A) Eligible projects shall satisfy sustainability criteria, as determined by the agency, which shall include one or both of the following criteria: (i) Be located in a regionally or locally defined priority area for smart growth consistent with the most recent sustainable communities strategy. (ii) Have a vehicle miles travels per capita that is 15 percent or more below the existing regional average. (B) For new construction projects, eligible projects shall include onsite renewable generation estimated to produce 50 percent or more of annual electricity use. (C) For rehabilitation projects, eligible projects shall document at least a IO-percent postrehabilitation improvement over existing conditions energy efficiency. file:I//Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/Sb_ 1105_ Bill text.htm 29/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.htm (D) Eligible projects shall utilize southern California native plant and tree species that require low-water use in sufficient quantities based on landscaping practices in the general market area and low maintenance needs. (3) The agency shall create additional prioritization criteria that includes, but are not limited to, the following: (A) The project site is located within one-third mile of existing or planned major transit stops, as defined in Section 21064.3 of the Public Resources Code. (B) The project site is located within one-half mile of a public park or a community center accessible to the general public. (C) The project site is within one-half mile of a grocery store or supermarket with a gross interior area of at least 8,000 square feet where staples, fresh meat, and fresh produce are sold. Alternately, the project site may be located within one-half mile of a weekly farmersa.€™ market on the list of certified farmersa.€™ markets maintained by the Department of Food and Agriculture and operating at least five months in a calendar year. (D) The project site is within one-half mile of a commercial corridor with a mix of uses and access to shops, amenities, and neighborhood-serving retail, and services. Services must be appropriate to meet the needs of the community served, including, but not limited to, childcare, grocery stores, pharmacies, educational services, and health care services. (E) The project is located within one-quarter mile of a public elementary school, one-half mile of a public middle school, or one mile of a public high school. (F) Mixed-use developments located one-third of a mile from an existing or planned major transit stop, as defined in Section 21064.3 of the Public Resources Code, that contains onsite amenities or neighborhood- serving retail and services. This may include commercial and community facility uses that provide services designed to improve the quality of life for residents and community members. Services should be appropriate to meet the needs of the community served, including, but not limited to, childcare, grocery stores, pharmacies, educational services, and health care services. (G) The project utilizes all electric appliances, with exemptions for cooking appliances. (H) The project provides inclusive and accessible design features, including, but not limited to, interior and exterior accessible routes, zero-step entry, bathroom wall reinforcements, accessible electrical controls, and receptacles. (4) Funds utilized for housing production and preservation shall be expended to support housing with all- electric appliances in alignment with the deadlines identified in the State Air Resources Board 2022 Scoping Plan. One hundred percent of funds shall support housing with all-electric appliances, with exemptions for cooking appliances, no later than 2029. (5) Funds shall be expended consistent with the following: (A) Funding for equitable housing production may be used for land acquisition, housing acquisition, financing, and ownership programs, including the agency serving as a single source of financing, as appropriate. (B) Funding for equitable housing preservation 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 all of the following conditions: file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 30/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (i) Existing residents of buildings acquired for the purpose of affordable housing preservation shall not be permanently displaced, even if the residenta€™s household income exceeds the moderate-income limits described 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 or very low income households over time through unit turnover. (iii) 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. (iv) 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. (v) Funding shall be subject to the following conditions in the event that demolition or rehabilitation of housing units is required: (I) (ia) 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 entitya€™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 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. (ib) 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 governmenta€™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. 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 occupants that are lower income households are required to 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. (6) Paragraphs (2) through (5) shall not apply to the Strategic Priorities and Innovation funds described in subparagraph (E) of paragraph (1) of subdivisionw. (c). (e) No earlier than five years after approval of a funding measure under Chapter 2 (commencing with Section 62851) and subject to consultation with the advisory committee, the board may change any of the minimum requirements in subdivision ( c) if the board adopts a finding that the regiona€™s needs in a given category differ file:I//Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 31/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him 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 Section 62819. (f) (1) The board shall, in consultation with the advisory committee, adopt an 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. The regional expenditure plan may cover multiple years, as determined by the board. (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 (b ), 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 annual expenditure plan shall include the following infonnation 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. ( 4) 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 (5). ( 5) If the funds have not been expended within five years of receipt as required in paragraph ( 4 ), the project sponsor shall show that it has made adequate progress towards completing the project. If the board finds adequate progress has been made, the board shall authorize an additional 24 months to grant entitlements to the remainder of the project. If the board does not find that the project sponsor has made adequate progress, the funds shall be transferred to the agency. The agency shall hold the funds until the project sponsor submits a plan satisfactory to the agency to move forward with the project or allocate funds to another qualified project consistent with the annual expenditure plan. (6) For purposes of this subdivision, a.Eceadequate progress§.€ means the project has received the land use approvals or entitlements necessary for at least 75 percent of the projecta.E™s units. 62881. (a) In order to remain eligible for direct allocations, local jurisdiction shall meet the following conditions: (1) The jurisdiction agrees to adopt and adhere to agency financing policies and guidelines, including public engagement and notice provisions outlined in this title. (2) All funded projects are in compliance with the agencya.E™s eligible uses and affordability requirements. (3) The jurisdiction agrees to allocate its funding within 12 months through administrative processes without being subject to additional legislative process. ( 4) The jurisdiction is in compliance with Affirmatively Furthering Fair Housing in California guidelines. (b) If a local jurisdiction is found to be out of compliance with affordability targets at the end of a three-year period, the board may take any of the following actions: file:I//Q:/CITYMGR/1-JASON/Legislalive/Legislative Updates/sb_ 1105_ Bill text.him 32/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (1) Limit the funding for the jurisdiction to extremely low and very low income housing units only until compliance is reestablished. (2) Require the funding allocated to the jurisdiction to be administered by the agency instead of the jurisdiction. (3) Increase funding incentives as needed to meet project and programmatic targets. 62882. 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 and the county. 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. 62883. To ensure oversight and accountability, the agency shall prepare and submit a performance audit report to the Legislature every other year, in conformance with Sections 9795 and 53411 on allocations, expenditures, and performance outcomes pursuant to Section 62880. The report shall include a description of projects funded and their status, the households served by income level, and the extent to which performance metrics meet or exceed operational benchmarks and the minimum targets in Section 62880 were achieved. CHAPTER 4. Labor Standards 62890. A development project funded by the agency pursuant to this title shall meet all of the following labor standards: (a) The development proponent shall require in contracts with construction contractors, and shall certify to the agency, that the standards specified in this section will be met in project construction. (b) A development that is not in its entirety a public work for purposes of Chapter 1 ( commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and funded by the agency pursuant to this title shall be subject to all of the following: (1) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (2) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work. (3) All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following: (A) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (B) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subparagraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, a€reproject labor agreementa€ has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. file:I//Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 11 OS_ Bill text.him 33/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him (c) (1) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this section may be enforced by any of the following: (A) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development. (B) An underpaid worker through an administrative complaint or civil action. (C) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. (2) If a civil wage and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (3) This subdivision does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subdivision, a.€ceproject labor agreementa.€ has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. ( d) Notwithstanding subdivision ( c) of Section 1 773 .1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of the development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker. ( e) The requirement of this section to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. 62891. (a) Before _pla:eemeftt of The agency shall not place a measure on the ballot to raise revenue for the a:geHey, the a:geHey shall eftter agency unless the agency has entered into a specific countywide project labor agreement with the San Diego County Building and Construction Trades Council a:ftd the 8tl:ft Diego Housing Federation. that will cover all construction and rehabilitation work to be funded or financed by the ballot measure. As a condition of receiving funding or financing from the ballot measure, the recipient must become a party to the countywide project labor agreement. The agency shall not undertake, fund, or finance other projects that involve construction or rehabilitation work unless the agency has entered into a project labor agreement with the San Diego County Building and Construction Trades Council that will cover those projects. As a condition of receiving funding or financing from the agency, the recipient must become a party to that project labor agreement. (b) For purposes of this section, a.€ceproject labor agreement§.€ has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (c) This chapter shall not apply to new construction or preservation projects in which the project contains four units or fewer. This exemption specifically includes, but is not limited to, single-family homeowner properties and accessory dwelling--tlftits-:-units if the project includes four units or fewer. 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 San Diego County. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIa.€%oB 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 file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 34/35 7/13/22, 10:56 AM sb_ 1105_ Bill text.him 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 XIIIa€%oB 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. file:///Q:/CITYMGR/1-JASON/Legislative/Legislative Updates/sb_ 1105_ Bill text.him 35/35 May 31, 2022 The Honorable Ben Hueso California State Senate 1021 0 Street, Room 7340 Sacramento, CA 95814 Attachment B C cityof Carlsbad RE: SB 1105 {HUESO) SAN DIEGO REGIONAL EQUITABLE AND ENVIRONMENTALLY FRIENDLY AFFORDABLE HOUSING FINANCE AGENCY, AS AMENDED APRIL 25, 2022 -OPPPOSE Dear Senator Hueso: On behalf of the City of Carlsbad, we must regretfully oppose your Senate Bill 1105, which would establish the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency in San Diego County, and authorize the Agency to raise, administer, and allocate ne;>w revenues for the construction of new affordable housing, preservation of affordable housing, rental and tenant protection programs, and technical assistance activities. San Diego County has 3.3 million residents who live in 18 cities and unincorporated areas throughout the county. The San Diego Association of Governments (SAN DAG) is the joint powers authority, independent of county government, which addresses long-range transportation and other regional planning issues, including the Regional Housing Needs Allocation. SAN DAG is split into subregions: east county, north county coastal, north county inland, south county, and the City of San Diego. The City of Carlsbad with approximately 115,000 people sits within the north county coastal area . Unlike with SANDAG, Carlsbad is not guaranteed any representation in the new agency. Yet, the agency would be empowered to impose taxes and fees on Carlsbad residents and businesses. Also, there is no requirement for the agency to use the funds it receives from Carlsbad's residents and businesses to produce affordable housing in Carlsbad. Lastly, there is no indication any affordable housing the agency produces in Carlsbad would count towards Carlsbad's RHNA numbers. The City of Carlsbad is a community that stands ready to address the growing need for affordable housing. We take pride in providing critical housing options to our community and seek to be leaders in good governance. We have a solid track record of actual housing production. Although our biggest challenge remains the lack of financial resources to ensure that assigned moderate, low and very low-income units actually get built, we do not believe the proposed legislation will help us to do so. Please reach out to our legislative advocate with the Renne Public Policy Group, Sharon Gonsalves, at 916- 849-5536 with questions. City of Carlsbad City Council City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t Sincerely, Mayor City of Carlsbad CC: Assemblymember Tasha Boerner Horvath Senator Pat Bates Members of the Carlsbad City Council