(a) (1) Notwithstanding any other law, two or more local agencies may enter into a joint powers agreement pursuant to this chapter to create and operate a regional housing trust to fund housing to assist the homeless population and persons and families of extremely low, very low, and low income, as defined in § 50093 of the Health and Safety Code, within their jurisdictions.

(2) A federally recognized tribal government may also enter into the joint powers agreement described in paragraph (1). If a tribal government enters into the joint powers agreement, the tribal government shall designate one of its members to join the board of directors described in subdivision (b). The tribal government shall determine how this member is selected.

Terms Used In California Government Code 6539.1

  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: includes city and county. See California Government Code 19
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • Statute: A law passed by a legislature.
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10

(b) (1) A regional housing trust created pursuant to this section shall be governed by a board of directors consisting of a minimum of five directors.

(2) At least three members of the board of directors shall be elected members from a local agency that is a party to the joint powers agreement. The local agencies that are party to the joint powers agreement shall determine how these members are selected.

(3) At least two additional board members shall be experts in homeless or housing policy that are not elected officials of a local agency. The board members appointed pursuant to this paragraph shall be selected by a majority vote of the other members of the board of directors.

(4) Any additional members of the board of directors shall meet the requirements of either paragraph (2), paragraph (3), or paragraph (2) of subdivision (a), provided that at least a majority of the board of directors remains elected officials from the local agencies that are a party to the joint powers agreement.

(5) The board of directors shall elect a chairperson and a vice chairperson from among its members at the first meeting held in each calendar year.

(6) Members of the board of directors shall serve without compensation. Members of the board of directors may be reimbursed for actual expenses that are approved before they are incurred.

(7) A member of the board of directors shall serve a term of two years. If a vacancy occurs on the board of directors, the remaining members of the board of directors shall make an appointment to fill that vacancy that shall be effective only for the remainder of the term of the office that became vacated.

(c) Notwithstanding any other law, a regional housing trust created pursuant to this section may do any of the following:

(1) Fund any of the following:

(A) The planning and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, and low income, as defined in § 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing.

(B) The acquisition of housing of five or more units for the homeless population and persons and families of extremely low, very low, and low income, as defined in § 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing.

(C) The acquisition of housing of any number of units for the purpose of assisting a nonprofit corporation described in subdivision (a) of § 214.15 of the Revenue and Taxation Code.

(2) Receive public and private financing and funds.

(3) Authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received pursuant to paragraph (2) and pledged by the regional housing trust.

(d) A regional housing trust created pursuant to this section shall incorporate into its joint powers agreement annual financial reporting and auditing requirements that shall maximize transparency and public information as to the receipt and use of funds by the agency. The annual financial report shall show how the funds have furthered the purposes of the regional housing trust.

(e) A regional housing trust created pursuant to this section shall comply with the regulatory guidelines of each specific state funding source received.

(f) Nothing in this section shall prohibit a local agency from requesting a special statute that provides exemptions from the requirements of this section if it believes that unique local circumstances exist.

(g) For purposes of this section, “local agency” means a city, county, or council of governments.

(Added by Stats. 2023, Ch. 147, Sec. 2. (SB 20) Effective January 1, 2024.)

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