SB 1105 has already passed in the state senate, and is being debated in the assembly. According to C.A.R., it will ‘grant vast, unchecked, taxing and bonding authority to an unelected Housing Agency Board in San Diego which would consist of 6 appointed representatives’. Huh? Anything that resembles a property tax is supposed to be approved by the voters!
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 agency’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 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 agency’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 prohibit the agency from placing a measure on the ballot to raise revenue for the agency unless the agency has entered into a countywide project labor agreement with the San Diego County Building and Construction Trades 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.