Chapter 3 - Powers of the Los Angeles County Affordable Housing Solutions Agency

California Government Code — §§ 64720-64722

Sections (5)

Added by Stats. 2022, Ch. 661, Sec. 1. (SB 679) Effective January 1, 2023.

In implementing this title, the agency may do all of the following:

(a)Place on the ballot in Los Angeles County, including all of its incorporated cities, funding measures, in accordance with applicable constitutional and statutory requirements, to raise and allocate funds to Los Angeles County, the cities in Los Angeles County, and other public agencies and affordable housing projects within its jurisdiction for purposes of preserving and enhancing existing housing, funding renter protection programs, and financing new construction of housing developments that are 100 percent affordable to households earning 80 percent of the relevant area median income or below, with a priority on the lowest levels of affordability.
(b)Apply for and receive grants from federal and state agencies.
(c)Incur and issue indebtedness and assess fees on the purchaser of any debt issuance and agency loan products for reinvestment of those fees and loan repayments in affordable housing production and preservation in accordance with applicable constitutional requirements.
(d)Incur debt and issue bonds and otherwise incur liabilities or obligations in accordance with Article 2 (commencing with Section 64820) of Chapter 2 of Part 2, and in accordance with applicable constitutional requirements.
(e)Solicit and accept gifts, fees, grants, and other allocations from public and private entities.
(f)Deposit or invest moneys of the

agency in banks or financial institutions in the state.

(g)Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(h)Engage counsel and other professional services.
(i)Enter into and perform all necessary contracts.
(j)Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).
(k)Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties.
(l)Land bank, assemble parcels, and lease,

purchase, or otherwise acquire land for housing development. Sell or dispose of land or assets consistent with the agency’s purpose and eligible activities or where a parcel under the agency’s control is deemed to be inappropriate for housing development.

(m)Collect data on housing production and monitor progress on meeting regional and state housing goals.
(n)Provide support and technical assistance to local governments in relation to producing and preserving affordable housing.
(o)Provide public information about the agency’s housing programs and policies.
(p)Act in compliance with the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1).
(q)Allocate and deploy capital and generated fees or income in the form of grants, loans, equity, interest rate subsidies, and other financing tools to the cities and other public agencies within the Los Angeles County area, and private affordable housing developers to finance affordable housing development, preserve and enhance existing affordable housing, and fund tenant protection programs, pursuant to this title, in accordance with applicable constitutional requirements.
(r)Collaborate with staff employed by the Los Angeles Metropolitan Transportation Authority with shared planning and services.
(s)Any other express or implied powers necessary to carry out the intent and purposes of this title.

Added by Stats. 2022, Ch. 661, Sec. 1. (SB 679) Effective January 1, 2023.

Both of the following shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code:

(a)Any action taken by the agency to finance, fund, or issue grants, loans, or bonds.
(b)Any action taken by the agency to purchase or lease real property for the purpose of any of the following:
(1)The preservation of existing housing that involves negligible or no expansion of use.
(2)The development of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
(3)The provision of technical assistance to local jurisdictions to promote affordable housing, including, but not limited to, drafting model affordable housing land use ordinances and policies and providing staff support to local jurisdictions.

Added by Stats. 2022, Ch. 661, Sec. 1. (SB 679) Effective January 1, 2023.

(a)Any construction or rehabilitation project receiving funding or financing from the agency, a measure proposed by the agency pursuant to subdivision (a) of Section 64720, or a joint powers authority of which the agency is a member, including, but not limited to, a project with under 40 units, shall constitute a public work for which prevailing wages shall be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(b)A project with 40 units or greater is eligible to receive funding or financing from the agency, a measure proposed by the agency pursuant to subdivision (a) of Section 64720, or a joint powers authority of which the agency is a member, only if all construction and

rehabilitation is subject to the City of Los Angeles Department of Public Works PLA. For purposes of this subdivision and subdivision (c), the number of units means the maximum number of units authorized in an entitlement granted by the land use permitting authority for the development project, regardless of whether construction or rehabilitation proceeds in phases or ownership is divided.

(c)Notwithstanding subdivision (b), if a specific countywide project labor agreement is negotiated with mutual agreement between the Los Angeles/Orange Counties Building and Construction Trades Council and the Southern California Association of Nonprofit Housing and approved by the agency, then a project with 40 units or greater is eligible to receive funding or financing from the agency, a measure proposed by the agency pursuant to subdivision (a) of Section 64720, or a joint powers authority of which the agency is a member, only if all construction and

rehabilitation is subject to the specific countywide project labor agreement rather than the Department of Public Works PLA.

(d)For purposes of this section, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(e)For purposes of this section, “Department of Public Works PLA” means the City of Los Angeles Department of Public Works Project Labor Agreement 2020-2030 with Los Angeles/Orange Counties Building and Construction Trades Council, effective August 25, 2021.

Added by Stats. 2022, Ch. 661, Sec. 1. (SB 679) Effective January 1, 2023.

(a)If the agency or a qualified voter initiative proposes a measure pursuant to subdivision (a) of Section 64720 that will generate revenues, the Los Angeles 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 Los Angeles County.
(b)(1) For the purpose of placement of a measure on the ballot, the agency is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the agency or by a qualified voter initiative that requires voter approval shall be submitted to the voters of Los Angeles County, as determined

by the agency, in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.

(2)Because the agency has no revenues as of the operative date of this section, the appropriations limit for the agency shall be originally established based on receipts from the initial measure that would generate revenues for the agency as described in subdivision (a), and that establishment of an appropriations limit shall not be deemed a change in an appropriations limit for purposes of Section 4 of Article XIII B of the California Constitution.
(c)(1) Notwithstanding Section 10520 of the Elections Code, for any election at which the agency or a qualified voter initiative proposes a measure pursuant to subdivision (a) of Section

64720 that would generate revenues, the agency shall reimburse Los Angeles County for the incremental costs incurred by the county elections official related to submitting the measure to the voters with any eligible funds transferred to the agency.

(2)For purposes of this subdivision, “incremental costs” include all of the following:
(A)The cost to prepare, review, and revise the impartial analysis of the measure.
(B)The cost to prepare a translation of ballot materials into a language other than English by the county.
(C)The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in Los Angeles County, including both of the following:
(i)The printing and mailing of ballot materials.

(ii) The canvass of the vote regarding the measure pursuant to Division 15 (commencing with Section 15000) of the Elections Code.

(d)Notwithstanding Section 9313 of the Elections Code, the legal counsel for the board shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the board shall be subject to review and revision by the county counsel.
(e)The summary of the annual expenditure plan shall be prepared by the board and include all of the following:
(1)A description of the purpose and goals of the measure.
(2)A description of the categories of eligible expenditures to be funded.
(3)An estimate of the number of affordable housing units to be built or preserved by household income category served, and a description of any specific projects planned to be funded.
(4)An estimate of minimum funding levels to be provided to different expenditure categories.
(5)An overview of decisionmaking and oversight provisions applicable to the funds.
(f)The county elections official for Los Angeles County shall serve as the elections official of the agency for purposes of administering the ballot measure process and any election for the purposes set forth in this chapter. In the alternative, the board, at

its discretion, may appoint an elections official to administer any election for the purposes set forth in this chapter. If the board appoints an elections official, the board may authorize that elections official to retain the services of the elections official of Los Angeles County to administer the ballot measure process and any election, and the elections official of Los Angeles County shall perform those services.

Added by Stats. 2022, Ch. 661, Sec. 1. (SB 679) Effective January 1, 2023.

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.