Part 14Tribal Housing Grant Program Fund Advisory Committee

Section § 15990

Explanation

This California law establishes the Tribal Housing Grant Program Fund Advisory Committee within the Department of Housing and Community Development. The committee is comprised of members from federally recognized tribal governments with expertise in tribal housing and related issues, aiming to simplify access to state-funded grant programs for tribes.

There will be three voting members from each of central, northern, and southern California, and four nonvoting members from state housing agencies. The committee is co-chaired by the Director of Housing and a tribal representative. Members are appointed for four-year terms without term limits, serving voluntarily, but with reimbursement for expenses.

Those interested in joining must provide a letter of nomination, their experience, and specify their regional representation. Voting members earn a daily stipend for their work, which is not considered taxable income or affects eligibility for state programs.

(a)CA Government Code § 15990(a) There is hereby created in the Department of Housing and Community Development the Tribal Housing Grant Program Fund Advisory Committee, upon appropriation by the Legislature.
(b)Copy CA Government Code § 15990(b)
(1)Copy CA Government Code § 15990(b)(1) The membership of the committee shall be composed of members who are representatives of federally recognized tribal governments and have knowledge, experience, and expertise in the area of tribal housing, tribal land, tribal government, tribal policy, and tribal law to close the gap of inconsistencies and barriers for tribes to successfully access state-funded grant programs. These members shall consist of at least the following:
(A)CA Government Code § 15990(b)(1)(A) Three members from central California.
(B)CA Government Code § 15990(b)(1)(B) Three members from northern California.
(C)CA Government Code § 15990(b)(1)(C) Three members from southern California.
(D)CA Government Code § 15990(b)(1)(D) Four nonvoting members, as follows:
(i)CA Government Code § 15990(b)(1)(D)(i) The Secretary of Business, Consumer Services, and Housing or their designee.
(ii)CA Government Code § 15990(b)(1)(D)(ii) The Director of the Department of Housing and Community Development or a designee.
(iii)CA Government Code § 15990(b)(1)(D)(iii) The executive officer of the Interagency Council on Homelessness or a designee.
(iv)CA Government Code § 15990(b)(1)(D)(iv) The executive director of the California Housing Finance Agency or a designee.
(2)CA Government Code § 15990(b)(2) The committee shall be cochaired by both of the following:
(A)CA Government Code § 15990(b)(2)(A) The Director of the Department of Housing and Community Development or a designee.
(B)CA Government Code § 15990(b)(2)(B) A tribal representative voted upon by the committee members.
(3)Copy CA Government Code § 15990(b)(3)
(A)Copy CA Government Code § 15990(b)(3)(A) Subject to funding availability, a voting member of the committee who represents a tribe shall receive a per diem of one hundred dollars ($100) for each day during which the member is engaged in the performance of official duties and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties.
(B)CA Government Code § 15990(b)(3)(A)(B) Notwithstanding any other law, assistance provided pursuant to this paragraph shall not be deemed to be income for purposes of the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or used to determine eligibility for any state program or local program financed wholly or in part by state funds.
(c)Copy CA Government Code § 15990(c)
(1)Copy CA Government Code § 15990(c)(1) The Department of Housing and Community Development shall appoint the voting members to the committee. Voting membership on the committee shall be served on a volunteer basis for four-year terms with no term limits so long as the member is active and does not miss three consecutive meetings.
(2)CA Government Code § 15990(c)(2) The Department of Housing and Community Development shall take into account both of the following when appointing members to be on the committee:
(A)CA Government Code § 15990(c)(2)(A) Geographic diversity.
(B)CA Government Code § 15990(c)(2)(B) Proven qualifying experience and expertise in tribal housing.
(3)CA Government Code § 15990(c)(3) An individual may apply to be a member on the committee by submitting an application with all of the following information to the Business, Consumer Services, and Housing Agency:
(A)CA Government Code § 15990(c)(3)(A) A letter of nomination and support from their respective tribal chairperson.
(B)CA Government Code § 15990(c)(3)(B) A portfolio of qualifying experience, including, but not limited to, demonstrated expertise and experience in tribal housing.
(C)CA Government Code § 15990(c)(3)(C) A defined region of representation.
Tribal Housing Grant Program Advisory Committee tribal governments state-funded grants housing expertise California tribes geographic diversity voting members nonvoting members nomination letter tribal housing policy regional representation co-chair expenses reimbursement income tax exemption
(Added by Stats. 2024, Ch. 266, Sec. 1. (AB 1878) Effective January 1, 2025. Conditionally operative pursuant to Section 15990.3.)

Section § 15990.1

Explanation

This section outlines the responsibilities of a committee related to the Tribal Housing Grant Program Trust Fund. First, the committee must annually report issues, inconsistencies, and barriers within the trust fund to the Department of Housing and Community Development. This can include any needed waivers or regulatory impacts. Second, they must provide input to guide the Department on how to best implement this program for the benefit of tribes, including developing allocation methods. Third, the committee is to assist in creating a standard grant agreement for this program. Fourth, they are required to create and adopt bylaws to manage their operations through majority voting. Lastly, they need to recommend qualifications for advisors and attorneys assisting with the G. David Singleton California Indian Assistance Program.

The committee shall do all of the following:
(a)CA Government Code § 15990.1(a) Identify and report annually to the Department of Housing and Community Development all of the following:
(1)CA Government Code § 15990.1(a)(1) Issues within the Tribal Housing Grant Program Trust Fund that require waivers to receive state financing, as described in subdivision (p) of Section 50406 of the Health and Safety Code.
(2)CA Government Code § 15990.1(a)(2) Inconsistencies that impact the Tribal Housing Grant Program Trust Fund within state housing program streamlined regulations.
(3)CA Government Code § 15990.1(a)(3) Barriers that exist for tribes when applying for funds from the Tribal Housing Grant Program Trust Fund.
(b)CA Government Code § 15990.1(b) Provide input and guidance to the Department of Housing and Community Development on guidelines to implement the Tribal Housing Grant Program Trust Fund, including, but not limited to, determining allocation methodologies to ensure the Tribal Housing Grant Program is implemented to provide the most benefit to tribes.
(c)CA Government Code § 15990.1(c) Provide input and guidance to assist in the creation of a standard grant agreement to be used by the Department of Housing and Community Development for the Tribal Housing Grant Program.
(d)Copy CA Government Code § 15990.1(d)
(1)Copy CA Government Code § 15990.1(d)(1) Create and adopt bylaws to govern committee meetings, determine attendance policies, and establish any other provision necessary to effectuate the committee’s responsibilities.
(2)CA Government Code § 15990.1(d)(2) Bylaws adopted pursuant to this subdivision shall be adopted upon a majority vote of the committee’s voting members.
(e)CA Government Code § 15990.1(e) Provide recommendations to the Department of Housing and Community Development for minimum job requirements of advisors and attorneys providing technical assistance as part of the G. David Singleton California Indian Assistance Program (Section 50513 of the Health and Safety Code).
Tribal Housing Grant Program Housing Department Guidance Grant Program Implementation Allocation Methodologies Committee Bylaws Grant Agreement Creation Tribal Funding Barriers Waivers for State Financing Streamlined Regulations Impact Advisors and Attorneys Qualifications Technical Assistance Guidance Standard grant agreement Committee responsibilities Program Trust Fund California Indian Assistance Program
(Added by Stats. 2024, Ch. 266, Sec. 1. (AB 1878) Effective January 1, 2025. Conditionally operative pursuant to Section 15990.3.)

Section § 15990.3

Explanation

This law will only become active if the California Legislature allocates enough money to support it, specifically through funds given to the Tribal Housing Grant Program Trust Fund.

This part shall only take effect upon sufficient funds appropriated by the Legislature to implement this part through funding made available to the Tribal Housing Grant Program Trust Fund established pursuant to Section 50651.1 of the Health and Safety Code.
Tribal Housing Grant Program Trust Fund Legislature allocation funding sufficient funds implementation Health and Safety Code appropriations Tribal housing grant program Housing assistance Section 50651.1 funding California Legislature funding Tribal community support financial requirement
(Added by Stats. 2024, Ch. 266, Sec. 1. (AB 1878) Effective January 1, 2025.)