2005 California Health and Safety Code Sections 51450-51455 PROGRAMS

51450.  (a) It is the intent of the Legislature that affordable
homebuyer and rental housing programs be implemented to address the
needs of economically distressed entities in the state and the needs
of very low, low-, and moderate-income homebuyers and renters who may
be affected by the impact of school facility fees on the development
of affordable housing.
   (b) The Department of General Services shall contract with the
California Housing Finance Agency for the administration of the
programs established by this chapter and for the allocation of funds
to the purchasers of newly constructed residential structures and the
housing sponsors of housing developments, pursuant to this chapter.
The California Housing Finance Agency shall administer these
programs and allocate funds in accordance with that agency's
authority as set forth in Part 3 (commencing with Section 50900) of
Division 31.
51451.  The Homebuyer Down Payment Assistance Program and the Rental
Assistance Program are hereby established to provide assistance in
the amount of the applicable school facility fee on affordable
housing developments.
   (a) A Homebuyer Down Payment Assistance Program shall provide the
following assistance:
   (1) Downpayment assistance to the purchaser of newly constructed
residential structures in a development project in economically
distressed areas in the aggregate amount of school facility fees paid
pursuant to one or both of Sections 65995.5 and 65995.7 of the
Government Code, less the amount that would be required pursuant to
subdivision (b) of Section 65995 of the Government Code
notwithstanding Sections 65995.5 and 65995.7 of the Government Code,
if all of the following conditions are met:
   (A) The development project is located in a county with an
unemployment rate that equals or exceeds 125 percent of the state
unemployment rate.
   (B) Five hundred or more residential structures have been
constructed in the county during 1997.
   (C) A building permit for an eligible residential structure in the
development project is issued by the local agency on or after
January 1, 1999.
   (D) The eligible residential structure is to be owner occupied for
at least five years.  If a structure is owner occupied for fewer
than five years, the recipient of the assistance shall repay the
School Facilities Fee Assistance Fund the amount of the assistance,
on a prorated basis.
   (E) The sales price of the eligible residential structure does not
exceed 175 percent of the median sales price of residential
structures in the county during the average of the previous five
years.
   (2) Downpayment assistance to the purchaser of any newly
constructed residential structure in the development project in the
aggregate amount of school facility fees paid pursuant to one, all,
or any combination of Sections 65995, 65995.5, and 65995.7 of the
Government Code, less the amount that would be required pursuant to
subdivision (b) of Section 65995 of the Government Code
notwithstanding Sections 65995.5 and 65995.7 of the Government Code,
if all of the following conditions are met:
   (A) The development project is located in the state.
   (B) The sales price of the eligible residential structure in the
development project does not exceed one hundred thirty thousand
dollars ($130,000) unless the median sales price for California as
reported by the Construction Industry Research Board for new homes
sold indicates that the median sales price has increased.  That sales
price limit shall be increased or decreased each successive year by
the agency according to the percentage change in the median sales
price for new homes sold from the previous year as reported by the
Construction Industry Research Board.
   (C) A building permit for an eligible residential structure in the
development project is issued by the local agency on or after
January 1, 1999.
   (D) The eligible residential structure is to be owner occupied for
at least five years.  If a structure is owner occupied for fewer
than five years, the recipient of the assistance shall repay the
School Facilities Fee Assistance Fund the amount of the assistance,
on a prorated basis.
   (3) Downpayment to the purchaser of any newly constructed
residential structure in a development project in the aggregate
amount of school facility fees paid pursuant to one, all, or any
combination of subdivision (b) of Section 65995 and Sections 65995.5
and 65995.7 of the Government Code for the eligible residential
structure if all of the following conditions are met:
   (A) The assistance is provided to a qualified first-time homebuyer
pursuant to Section 50068.5.
   (B) The qualified first-time homebuyer meets the moderate income
requirements set forth in  Section 50093.
   (C) A building permit for an eligible residential structure in the
development project is issued by the local agency on or after
January 1, 1999.
   (D) The eligible residential structure is to be owner occupied for
at least five years.  If a structure is owner occupied for fewer
than five years, the recipient of the assistance shall repay the
School Facilities Fee Assistance Fund the amount of the assistance,
on a prorated basis.
   (b) A Rental Assistance Program shall provide assistance to the
housing sponsor of a housing development in the aggregate amount of
the school facility fees paid pursuant to one, all, or any
combination of subdivision (b) of Section 65995 and Sections 65995.5
and Section 65995.7 of the Government Code that meets all of the
following conditions:
   (1) The units are deed restricted to very low income households
and are continuously available to or occupied by very low income
households at rents that do not exceed those prescribed by Section
50053, except that for the purposes of this subdivision, very low
income shall be defined as 30 percent times 30 percent of the median
income adjusted for family size appropriate for the unit.
   (2) The number of dedicated residential units must equal or exceed
the number of units supported by the reimbursed school impact fees
determined by the average per unit development cost.
   (3) The dedicated residential units are regulated by an
appropriate local or state agency for a minimum of 30 years.
   (4) A building permit for an eligible residential unit in the
development project is issued by the local agency on or after January
1, 1999.
51451.5.  The Homebuyer Down Payment Assistance Program of 2002 is
hereby established, to provide assistance in the amount of the
applicable school facility fee on affordable housing developments.
The Homebuyer Down Payment Assistance Program of 2002 shall, with
funds provided by the Housing and Emergency Shelter Trust Fund Act of
2002 (Part 11 (commencing with Section 53500)), provide the
following assistance:
   (a) Downpayment assistance to the purchaser of any newly
constructed residential structure in a development project in an
economically distressed area in the amount of school facility fees
paid pursuant to Section 65995.5 or 65995.7 of the Government Code,
less the amount that would be required pursuant to subdivision (b) of
Section 65995 of the Government Code, notwithstanding Sections
65995.5 and 65995.7 of the Government Code, if all of the following
conditions are met:
   (1) The development project is located in a county with an
unemployment rate that equals or exceeds 125 percent of the state
unemployment rate.
   (2) Five hundred or more residential structures have been
constructed in the county during 2001.
   (3) A building permit for an eligible residential structure in the
development project is issued by the local agency on or after
January 1, 2002.
   (4) The eligible residential structure is to be owner occupied for
at least five years.  If a structure is owner occupied for fewer
than five years, the recipient of the assistance shall repay the
School Facilities Fee Assistance Fund the amount of the assistance,
on a prorated basis.
   (5) The sales price of the eligible residential structure does not
exceed 175 percent of the median sales price of residential
structures in the county during the average of the previous five
years.  However, if the five-year average exceeds the
Governmental-Sponsored Enterprises conforming loan limit, the sales
price in that county shall not exceed 100 percent of the median sales
price of residential structures in the county during the average of
the previous five years.
   (b) Downpayment assistance to the purchaser of any newly
constructed residential structure in a development project in the
aggregate amount of school facility fees paid pursuant to one, all,
or any combination of subdivision (b) of Section 65995, Section
65995.5, or Section 65995.7 of the Government Code for the eligible
residential structure if all of the following conditions are met:
   (1) The assistance is provided to a qualified first-time homebuyer
pursuant to Section 50068.5.
   (2) The qualified first-time homebuyer does not exceed the lower
or moderate-income requirements in Section 50093.
   (3) A building permit for an eligible residential structure in the
development project is issued by the local agency on or after
January 1, 2002.
   (4) The eligible residential structure is to be owner occupied for
at least five years.  If a structure is owner occupied for fewer
than five years, the recipient of the assistance shall repay the
School Facilities Fee Assistance Fund the amount of the assistance,
on a prorated basis.
51451.5.  The Homebuyer Down Payment Assistance Program of 2002 is
hereby established, to provide assistance in the amount of the
applicable school facility fee on affordable housing.  The Homebuyer
Down Payment Assistance Program of 2002 shall, with funds provided by
the Kindergarten-University Public Education Facilities Bond Acts of
2002 and 2004 (Part 68.1 (commencing with Section 100600) of the
Education Code; and Part 68.2 (commencing with Section 100800) of the
Education Code), provide the following assistance:
   (a) Downpayment assistance to the purchaser of any newly
constructed residential structure in a development project in an
economically distressed area in the amount of school facility fees
paid pursuant to Section 65995.5 or 65995.7 of the Government Code,
less the amount that would be required pursuant to subdivision (b) of
Section 65995 of the Government Code, notwithstanding Sections
65995.5 and 65995.7 of the Government Code, if all of the following
conditions are met:
   (1) The development project is located in a county with an
unemployment rate that equals or exceeds 125 percent of the state
unemployment rate.
   (2) Five hundred or more residential structures have been
constructed in the county during 2001.
   (3) A building permit for an eligible residential structure in the
project is issued by the local agency on or after January 1, 2002.
   (4) The eligible residential structure is to be owner occupied for
at least five years.  If a structure is owner occupied for fewer
than five years, the recipient of the assistance shall repay the
School Facilities Fee Assistance Fund the amount of the assistance,
on a prorated basis.
   (5) The sales price of the eligible residential structure does not
exceed 175 percent of the median sales price of residential
structures in the county during the average of the previous five
years.  However, if the five-year average exceeds the
Governmental-Sponsored Enterprises conforming loan limit, the sales
price in that county shall not exceed 100 percent of the median sales
price of residential structures in the county during the average of
the previous five years.
   (b) Downpayment assistance to the purchaser of any newly
constructed residential structure in a development project in the
aggregate amount of school facility fees paid pursuant to one, all,
or any combination of subdivision (b) of Section 65995, Section
65995.5, or Section 65995.7 of the Government Code for the eligible
residential structure if all of the following conditions are met:
   (1) The assistance is provided to a qualified first-time home
buyer pursuant to Section 50068.5.
   (2) The qualified first-time home buyer does not exceed the lower
or moderate-income requirements in Section 50093.
   (3) A building permit for an eligible residential structure in the
project is issued by the local agency on or after January 1, 2002.
   (4) The eligible residential structure is to be owner occupied for
at least five years.  If a structure is owner occupied for fewer
than five years, the recipient of the assistance shall repay the
School Facilities Fee Assistance Fund the amount of the assistance,
on a prorated basis.
51452.  (a) The School Facilities Fee Assistance Fund is hereby
established in the State Treasury and, notwithstanding Section 13340
of the Government Code, all money in the fund is continuously
appropriated to the Department of General Services for the purposes
of this chapter.  All repayments of disbursed funds pursuant to this
chapter or any interest earned from the investment in the Surplus
Money Investment Fund or any other moneys accruing to the fund from
whatever source shall be returned to the fund and are available for
allocation by the California Housing Finance Agency to programs
established pursuant to this chapter.
   (b) The following amounts are hereby appropriated from the General
Fund to the School Facilities Fee Assistance Fund for administrative
costs and to make payments to purchasers of newly constructed
residential structures and housing sponsors of housing developments
pursuant to this chapter from that fund by fiscal year as follows:
   (1) Twenty million dollars ($20,000,000) in the 1998-99 fiscal
year.
   (2) Forty million dollars ($40,000,000) in the 1999-2000 fiscal
year.
   (3) Forty million dollars ($40,000,000) in the 2000-01 fiscal
year.
   (4) Forty million dollars ($40,000,000) in the 2001-02 fiscal
year.
   (c) The funds shall be distributed to each program in proportion
to the original total amounts available for each program as follows:
   (1) Twenty-eight million dollars ($28,000,000) shall be available
for the program set forth in paragraph (1) of subdivision (a) of
Section 51451, except that any funds not expended within 18 months of
their appropriation and availability may also be available for
programs set forth in paragraphs (2) and (3) of subdivision (a) of
Section 51451.
   (2) Twenty-eight million dollars ($28,000,000) shall be available
for the program set forth in paragraph (2) of subdivision (a) of
Section 51451, except that any funds not expended within 18 months of
their appropriation and availability may also be available for the
program set forth in paragraph (3) of subdivision (a) of Section
51451.
   (3) Fifty-two million dollars ($52,000,000) shall be available for
the program set forth in paragraph (3) of subdivision (a) of Section
51451.
   (4) Fifty-two million dollars ($52,000,000) shall be available for
the program set forth in subdivision (b) of Section 51451.
   (d) Reservations received on or after January 1, 2002, for
participation in the programs authorized by Section 51451 shall not
be honored by the California Housing Finance Agency.  As of that
date, any unobligated amounts remaining in the School Facilities Fee
Assistance Fund after the transfer made pursuant to Item
1760-115-0101 of Section 2.00 of the Budget Act of 2001 (Chapter 106
of the Statutes of 2001) shall be transferred to the General Fund.
   (e) Any right to receive repayments of assistance provided for by
Section 51451 shall be an asset of the School Facilities Fee
Assistance Fund.  Any assistance provided for by Section 51451 that
is reserved but not ultimately paid, or is repaid to the California
Housing Finance Agency, shall be remitted to the Department of
General Services for deposit into the General Fund.
51453.  Notwithstanding Section 51452, the sum of fifty million
dollars ($50,000,000) transferred to the School Facilities Fee
Assistance Fund pursuant to subparagraph (A) of paragraph (7) of
subdivision (a) of Section 53533 is continuously appropriated to the
department for allocation for the agency for administrative costs and
to make payments to purchasers of newly constructed residential
structures pursuant to Section 51451.5 from that fund for a period of
four years, as follows:
   (a) Twenty-five million dollars ($25,000,000) shall be available
for the program set forth in subdivision (a) of Section 51451.5,
except that if less than 50 percent of these funds are expended
within 24 months, all or part of those funds shall be available for
the program set forth in subdivision (b) of Section 51451.5 at the
discretion of the executive director of the agency.
   (b) Twenty-five million dollars ($25,000,000) shall be available
for the program set forth in subdivision (b) of Section 51451.5,
except that if less than 50 percent of these funds are expended
within 24 months, all or part of those funds shall be available for
the program set forth in subdivision (a) of Section 51451.5 at the
discretion of the executive director of the agency.
   (c) If after 48 months, more than 20 percent of the funds
identified in subdivisions (a) and (b) are not expended, the
executive director of the agency may make all or part of those funds
available to the California Homebuyer's Downpayment Assistance
Program, as authorized under Chapter 11 (commencing with Section
51500).
   (d) All repayments of disbursed funds pursuant to this chapter or
any interest earned from the investment in the Surplus Money
Investment Fund or any other moneys accruing to the fund from
whatever source shall be returned to the fund and is available for
allocation by the agency to the program established pursuant to
Section 51451.5.
51453.  Notwithstanding Section 51452, the sum of twenty-five
million dollars ($25,000,000) which is made available pursuant to
subparagraph (B) of paragraph (1) of subdivision (a) of Section
100620 of the Education Code, shall be transferred to the School
Facilities Fee Assistance Fund and, notwithstanding Section 13340 of
the Government Code, is hereby continuously appropriated to the
department for allocation for the agency for administrative costs and
to make payments to purchasers of newly constructed residential
structures pursuant to Section 51451.5 from that fund as follows:
   (a) Twelve million five hundred thousand dollars ($12,500,000)
shall be available for the program set forth in subdivision (a) of
Section 51451.5, except that if less than 50 percent of these funds
are expended within 24 months, all or part of those funds shall be
available for the program set forth in subdivision (b) of Section
51451.5 at the discretion of the executive director of the agency.
   (b) Twelve million five hundred thousand dollars ($12,500,000)
shall be available for the program set forth in subdivision (b) of
Section 51451.5, except that if less than 50 percent of these funds
are expended within 24 months, all or part of those funds shall be
available for the program set forth in subdivision (a) of Section
51451.5 at the discretion of the executive director of the agency.
   (c) If after 48 months, more than 20 percent of the funds
identified in subdivisions (a) and (b) are not expended, the
executive director of the agency may make all or part of those funds
available to the California Homebuyer's Downpayment Assistance
Program, as authorized under Chapter 11 (commencing with Section
51500).
   (d) All repayments of disbursed funds pursuant to this chapter or
any interest earned from the investment in the Surplus Money
Investment Fund or any other moneys accruing to the fund from
whatever source shall be returned to the fund and is available for
allocation by the agency to the program established pursuant to
Section 51451.5.
51453.5.  Notwithstanding Section 51452, the sum of twenty-five
million dollars ($25,000,000) which is made available pursuant to
subparagraph (B) of paragraph (1) of subdivision (a) of Section
100820 of the Education Code, shall be transferred to the School
Facilities Fee Assistance Fund and, notwithstanding Section 13340 of
the Government Code, is hereby continuously appropriated to the
department for allocation for the agency for administrative costs and
to make payments to purchasers of newly constructed residential
structures pursuant to Section 51451.5 from that fund, as follows:
   (a) Twelve million five hundred thousand dollars ($12,500,000)
shall be available for the program set forth in subdivision (a) of
Section 51451.5, except that if less than 50 percent of these funds
are expended within 24 months, all or part of those funds shall be
available for the program set forth in subdivision (b) of Section
51451.5 at the discretion of the executive director of the agency.
   (b) Twelve million five hundred thousand dollars ($12,500,000)
shall be available for the program set forth in subdivision (b) of
Section 51451.5, except that if less than 50 percent of these funds
are expended within 24 months, all or part of those funds shall be
available for the program set forth in subdivision (a) of Section
51451.5 at the discretion of the executive director of the agency.
   (c) If after 48 months, more than 20 percent of the funds
identified in subdivisions (a) and (b) are not expended, the
executive director of the agency may make all or part of those funds
available to the California Homebuyer's Downpayment Assistance
Program, as authorized under Chapter 11 (commencing with Section
51500).
   (d) All repayments of disbursed funds pursuant to this chapter or
any interest earned from the investment in the Surplus Money
Investment Fund or any other moneys accruing to the fund from
whatever source shall be returned to the fund and is available for
allocation by the agency to the program established pursuant to
Section 51451.5.
51454.  The Legislative Analyst's Office shall submit a report to
the Legislature and the Governor no later than January 1, 2001,
regarding the effectiveness of the programs established pursuant to
this chapter.
51455.  (a) Except as provided in subdivision (b), Sections 51450,
51451, 51452, and 51454 shall not be operative on and after January
1, 2002.
   (b) Except as provided in Section 51453 and 51453.5, the School
Facilities Fee Assistance Fund established by Section 51452 and the
programmatic authority necessary to operate the programs authorized
by Section 51451 shall continue on and after January 1, 2002, only
with respect to any repayment obligation pertaining to that
assistance or to any regulatory agreement imposed as a condition of
that assistance.