Senate Study Bill 1272 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON KRAAYENBRINK) A BILL FOR An Act creating the disaster recovery housing assistance 1 program and fund, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2822XC (2) 89 jm/jh
S.F. _____ Section 1. NEW SECTION . 16.57A Transfer of unobligated or 1 unencumbered funds —— report. 2 1. Notwithstanding any other provision of law to the 3 contrary, the authority may transfer any unobligated and 4 unencumbered moneys in any revolving loan program fund created 5 pursuant to section 16.46, 16.47, 16.48, or 16.49, for deposit 6 in the disaster recovery housing assistance fund created in 7 section 16.57B. 8 2. Notwithstanding section 8.39, and any other law to 9 the contrary, with the prior written consent and approval of 10 the governor, the executive director of the authority may 11 transfer any unobligated and unencumbered moneys in any fund 12 created pursuant to section 16.5, subsection 1, paragraph 13 “s” , for deposit in the disaster recovery housing assistance 14 fund created in section 16.57B. The prior written consent and 15 approval of the director of the department of management shall 16 not be required to transfer the unobligated and unencumbered 17 moneys. 18 3. Notwithstanding section 8.39, and any other law to the 19 contrary, with the prior written approval of the governor, the 20 director of the economic development authority may transfer 21 any unobligated and unencumbered moneys in any fund created 22 pursuant to section 15.106A, subsection 1, paragraph “o” , 23 for deposit in the disaster recovery housing assistance fund 24 created in section 16.57B. 25 4. Any transfer made under this section shall be reported in 26 the same manner as provided in section 8.39, subsection 5. 27 Sec. 2. NEW SECTION . 16.57B Disaster recovery housing 28 assistance program —— fund. 29 1. Definitions. As used in this section, unless the context 30 otherwise requires: 31 a. Disaster-affected home” means any of the following: 32 (1) A primary residence that is destroyed or damaged due 33 to a natural disaster that occurs on or after the effective 34 date of this Act, and the primary residence is located in a 35 -1- LSB 2822XC (2) 89 jm/jh 1/ 12
S.F. _____ county that is the subject of a state of disaster emergency 1 proclamation by the governor that authorizes disaster recovery 2 housing assistance. 3 (2) A primary residence that is destroyed or damaged due to 4 a natural disaster that occurred on or after March 12, 2019, 5 but before the effective date of this Act, and is located in a 6 county that has been declared a major disaster by the president 7 of the United States on or after March 12, 2019, but before the 8 effective date of this Act, and is located in a county where 9 individuals are eligible for federal individual assistance. 10 b. “Fund” means the disaster recovery housing assistance 11 fund. 12 c. “Local program administrator” means any of the following: 13 (1) The cities of Ames, Cedar Falls, Cedar Rapids, Council 14 Bluffs, Davenport, Des Moines, Dubuque, Iowa City, Waterloo, 15 and West Des Moines. 16 (2) A council of governments whose territory includes at 17 least one county that is the subject of a state of disaster 18 emergency proclamation by the governor that authorizes disaster 19 recovery housing assistance or the eviction prevention program 20 under section 16.57C on or after the effective date of this 21 Act. 22 (3) A community action agency as defined in section 216A.91 23 and whose territory includes at least one county that is the 24 subject of a state of disaster emergency proclamation by the 25 governor that authorizes disaster recovery housing assistance 26 or the eviction prevention program under section 16.57C on or 27 after the effective date of this Act. 28 (4) A qualified local organization or governmental entity 29 as determined by rules adopted by the authority. 30 d. “Program” means the disaster recovery housing assistance 31 program. 32 e. “Replacement housing” means housing purchased 33 by a homeowner or leased by a renter needed to replace 34 a disaster-affected home that is destroyed or damaged 35 -2- LSB 2822XC (2) 89 jm/jh 2/ 12
S.F. _____ beyond reasonable repair as determined by a local program 1 administrator. 2 f. “State of disaster emergency” means the same as described 3 in section 29C.6, subsection 1. 4 2. Fund. 5 a. (1) A disaster recovery housing assistance fund is 6 created within the authority. The moneys in the fund shall be 7 used by the authority for the development and operation of a 8 forgivable loan and grant program for homeowners and renters 9 with disaster-affected homes, and for the eviction prevention 10 program pursuant to section 16.57C. 11 (2) Notwithstanding section 12C.7, subsection 2, interest 12 or earnings on moneys deposited in the fund shall be credited 13 to the fund. Notwithstanding section 8.33, moneys credited to 14 the fund shall not revert at the close of a fiscal year. 15 b. Moneys transferred by the authority for deposit in the 16 fund, moneys appropriated to the fund, and any other moneys 17 available to and obtained or accepted by the authority for 18 placement in the fund shall be deposited in the fund. 19 c. The authority shall not use more than five percent of 20 the moneys in the fund on July 1 of a fiscal year for purposes 21 of administrative costs and other program support during the 22 fiscal year. 23 3. Program. 24 a. The authority shall establish and administer a disaster 25 recovery housing assistance program and shall use moneys in 26 the fund to award forgivable loans to eligible homeowners and 27 grants to eligible renters of disaster-affected homes. Moneys 28 in the fund may be expended following a state of disaster 29 emergency proclamation by the governor pursuant to section 30 29C.6 that authorizes disaster recovery housing assistance. 31 b. The authority may enter into an agreement with one or 32 more local program administrators to administer the program. 33 4. Registration required. To be considered for a forgivable 34 loan or grant under the program, a homeowner or renter must 35 -3- LSB 2822XC (2) 89 jm/jh 3/ 12
S.F. _____ register for the disaster case management program established 1 pursuant to section 29C.20B. The disaster case manager may 2 refer the homeowner or renter to the appropriate local program 3 administrator. 4 5. Homeowners. 5 a. To be eligible for a forgivable loan under the program, 6 all of the following requirements shall apply: 7 (1) The homeowner’s disaster-affected home must have 8 sustained damage greater than the damage that is covered by the 9 homeowner’s property and casualty insurance policy insuring the 10 home plus any other state or federal disaster-related financial 11 assistance that the homeowner is eligible to receive. 12 (2) A local program administrator must either deem the 13 disaster-affected home suitable for rehabilitation or damaged 14 beyond reasonable repair. 15 (3) The disaster-affected home is not eligible for buyout by 16 the county or city where the disaster-affected home is located, 17 or the disaster-affected home is eligible for a buyout by the 18 county or city where the disaster-affected home is located, but 19 the homeowner is requesting a forgivable loan for the repair 20 or rehabilitation of the homeowner’s disaster-affected home in 21 lieu of a buyout. 22 (4) Assistance under the program must not duplicate 23 benefits provided by any local, state, or federal disaster 24 recovery assistance program. 25 b. If a homeowner is referred to the authority or to a 26 local program administrator by the disaster case manager of the 27 homeowner, the authority may award a forgivable loan to the 28 eligible homeowner for any of the following purposes: 29 (1) Repair or rehabilitation of the disaster-affected home. 30 (2) (a) Down payment assistance on the purchase of 31 replacement housing, and the cost of reasonable repairs to be 32 performed on the replacement housing to render the replacement 33 housing decent, safe, sanitary, and in good repair. 34 (b) Replacement housing shall not be located in a 35 -4- LSB 2822XC (2) 89 jm/jh 4/ 12
S.F. _____ one-hundred-year floodplain. 1 (c) For purposes of this subparagraph, “decent, safe, 2 sanitary, and in good repair” means the same as described in 24 3 C.F.R. §5.703. 4 c. The authority shall determine the interest rate for the 5 forgivable loan. 6 d. If a homeowner who has been awarded a forgivable loan 7 sells a disaster-affected home or replacement housing for which 8 the homeowner received the forgivable loan prior to the end 9 of the loan term, the remaining principal on the forgivable 10 loan shall be due and payable pursuant to rules adopted by the 11 authority. 12 6. Renters. 13 a. To be eligible for a grant under the program, all of the 14 following requirements shall apply: 15 (1) A local program administrator either deems 16 the disaster-affected home of the renter suitable for 17 rehabilitation but unsuitable for current short-term 18 habitation, or the disaster-affected home is damaged beyond 19 reasonable repair. 20 (2) Assistance under the program must not duplicate 21 benefits provided by any local, state, or federal disaster 22 recovery assistance program. 23 b. If a renter is referred to the authority or to a local 24 program administrator by the disaster case manager of the 25 renter, the authority may award a grant to the eligible renter 26 to provide short-term financial assistance for the payment of 27 rent for replacement housing. 28 7. Report. On or before January 31 of each year, the 29 authority shall submit a report to the general assembly 30 that identifies all of the following for the calendar year 31 immediately preceding the year of the report: 32 a. The date of each state of disaster emergency proclamation 33 by the governor that authorized disaster recovery housing 34 assistance under this section. 35 -5- LSB 2822XC (2) 89 jm/jh 5/ 12
S.F. _____ b. The total number of forgivable loans and grants awarded. 1 c. The total number of forgivable loans, and the amount of 2 each loan awarded for repair or rehabilitation. 3 d. The total number of forgivable loans, and the amount of 4 each loan, awarded for down payment assistance on the purchase 5 of replacement housing and the cost of reasonable repairs to be 6 performed on the replacement housing to render the replacement 7 housing decent, safe, sanitary, and in good repair. 8 e. The total number of grants, and the amount of each grant, 9 awarded for rental assistance. 10 f. The total number of forgivable loans and grants awarded 11 in each county in which at least one homeowner or renter has 12 been awarded a forgivable loan or grant. 13 g. Each local program administrator involved in the 14 administration of the program. 15 h. The total amount of forgivable loan principal repaid. 16 Sec. 3. NEW SECTION . 16.57C Eviction prevention program. 17 1. a. “Eligible renter” means a renter whose income meets 18 the qualifications of the program, who is at risk of eviction, 19 and who resides in a county that is the subject of a state of 20 disaster emergency proclamation by the governor that authorizes 21 the eviction prevention program. 22 b. “Eviction prevention partner” means a qualified local 23 organization or governmental entity as determined by rule by 24 the authority. 25 2. The authority shall establish and administer an eviction 26 prevention program. Under the eviction prevention program, 27 the authority shall award grants to eligible renters and to 28 eviction prevention partners for purposes of this section. 29 Grants may be awarded upon a state of disaster emergency 30 proclamation by the governor that authorizes the eviction 31 prevention program. Eviction prevention assistance shall be 32 paid out of the fund established in section 16.57B. 33 3. a. Grants awarded to eligible renters pursuant to this 34 section shall be used for short-term financial rent assistance 35 -6- LSB 2822XC (2) 89 jm/jh 6/ 12
S.F. _____ to keep eligible renters in the current residences of such 1 renters. 2 b. Grants awarded to eviction prevention partners pursuant 3 to this section shall be used to pay for rent or services 4 provided to eligible renters for the purpose of preventing the 5 eviction of eligible renters. 6 4. The authority may enter into an agreement with one or 7 more local program administrators to administer the program. 8 Sec. 4. NEW SECTION . 16.57D Rules. 9 The authority shall adopt rules pursuant to chapter 17A to 10 implement and administer this part, including rules to do all 11 of the following: 12 1. Establish the maximum forgivable loan and grant amounts 13 awarded under the program. 14 2. Establish the terms of any forgivable loan provided under 15 the program. 16 3. Income qualifications of eligible renters in the 17 eviction prevention program. 18 Sec. 5. CODE EDITOR DIRECTIVE. The Code editor shall 19 designate sections 16.57A through 16.57D, as enacted by this 20 Act, as a new part within chapter 16, subchapter VIII, and may 21 redesignate the new and preexisting parts, replace references 22 to sections 16.57A through 16.57D with references to the new 23 part, and correct internal references as necessary, including 24 references in subchapter or part headnotes. 25 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 26 importance, takes effect upon enactment. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill creates a disaster recovery housing assistance 31 program and fund. 32 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— TRANSFERS. 33 The bill permits the authority to transfer unobligated moneys 34 in Code section 16.46 (senior living revolving loan program 35 -7- LSB 2822XC (2) 89 jm/jh 7/ 12
S.F. _____ fund), 16.47 (home and community-based services revolving loan 1 program fund), 16.48 (transitional housing revolving loan 2 program fund), or 16.49 (community housing and services for 3 persons with disabilities revolving loan program fund) to the 4 disaster recovery housing assistance fund created in the bill. 5 After the prior written consent and approval of the 6 governor, the bill permits the executive director of the Iowa 7 finance authority to transfer any unobligated moneys in any 8 fund created pursuant to Code section 16.5(1)(s), for deposit 9 in the fund. The bill waives the prior written consent and 10 approval of the director of the department of management to 11 transfer the unobligated moneys. 12 After prior written approval of the governor, the bill 13 permits the director of the Iowa economic development authority 14 to transfer any unobligated and unencumbered moneys in any fund 15 created pursuant to Code section 15.106A(1)(o), for deposit in 16 the fund. 17 The bill requires any transfer to be reported to the 18 legislative fiscal committee of the legislative council on a 19 monthly basis. 20 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— FUND. The 21 bill creates a disaster recovery housing assistance fund 22 (fund) within the authority. The purpose of the fund is for 23 the development and operation of a forgivable loan and grant 24 program for homeowners and renters with disaster-affected 25 homes, and for an eviction prevention program created in the 26 bill. The bill prohibits the authority from using more than 27 5 percent of the moneys in the fund on July 1 of a fiscal year 28 for purposes of administrative costs and other program support 29 during the fiscal year. 30 The bill directs the authority to establish and administer 31 a disaster recovery assistance program (program) and to 32 use the moneys in the fund to provide forgivable loans to 33 eligible homeowners and grants to eligible renters with 34 disaster-affected homes. “Disaster-affected home” is defined 35 -8- LSB 2822XC (2) 89 jm/jh 8/ 12
S.F. _____ in the bill as a primary residence that is destroyed or damaged 1 due to a natural disaster that occurs on or after the effective 2 date of the bill, and that is located in a county that due to 3 the natural disaster is the subject of a state of disaster 4 emergency proclamation by the governor that authorizes disaster 5 recovery housing assistance; or a primary residence that is 6 destroyed or damaged due to a natural disaster that occurred on 7 or after March 12, 2019, but before the effective date of the 8 bill, and is located in a county that has been declared a major 9 disaster by the president of the United States on or after 10 March 12, 2019, but before the effective date of the bill, 11 and is located in a county where individuals are eligible for 12 federal individual assistance. 13 The authority may enter into an agreement with one or 14 more local program administrators to administer the program 15 and moneys in the fund may be expended following a state of 16 disaster emergency proclamation by the governor that authorizes 17 disaster recovery housing assistance or the eviction prevention 18 program. “Local program administrator” is defined in the bill 19 as cities of Ames, Cedar Falls, Cedar Rapids, Council Bluffs, 20 Davenport, Des Moines, Dubuque, Iowa City, Waterloo, and West 21 Des Moines; a council of governments whose territory includes 22 at least one county that is the subject of the state of 23 disaster emergency proclamation by the governor that authorizes 24 disaster recovery housing assistance or the eviction prevention 25 program; a community action agency as defined in Code section 26 216A.91 and whose territory includes at least one county that 27 is the subject of the state of disaster emergency proclamation 28 by the governor that authorizes disaster recovery housing 29 assistance or the eviction prevention program; or a qualified 30 local organization or governmental entity as determined by rule 31 by the authority. 32 To be considered for a forgivable loan or grant under the 33 program, the homeowner or renter must register for the disaster 34 case management program established pursuant to Code section 35 -9- LSB 2822XC (2) 89 jm/jh 9/ 12
S.F. _____ 29C.20B. The disaster case manager may refer the homeowner or 1 renter to the appropriate local program administrator. 2 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— HOMEOWNERS. 3 To be eligible for a forgivable loan under the program, 4 the bill requires a homeowner to own a disaster-affected 5 home located in a county that has been proclaimed a state 6 of disaster emergency by the governor; the home must have 7 sustained damage greater than the damage that is covered by the 8 homeowner’s property and casualty insurance policy insuring the 9 home plus any other state or federal disaster-related financial 10 assistance that the homeowner is eligible to receive; an 11 administrator must deem the home suitable for rehabilitation or 12 damaged beyond reasonable repair; if the homeowner is seeking 13 a forgivable loan for the repair or rehabilitation of the 14 homeowner’s disaster-affected home, the home cannot be proposed 15 for buyout by the county or city in which the home is located, 16 or the disaster-affected home is eligible for a buyout, but 17 the homeowner is requesting a forgivable loan for the repair 18 or rehabilitation of the homeowner’s disaster-affected home 19 in lieu of a buyout; and the assistance does not duplicate 20 benefits provided by other disaster assistance programs. 21 If a homeowner is referred to an administrator by the 22 homeowner’s case manager, the bill allows the authority to 23 award a forgivable loan to the eligible homeowner for repair 24 or rehabilitation of the disaster-affected home, or for down 25 payment assistance on the purchase of replacement housing, 26 and the cost of reasonable repairs to be performed on the 27 replacement housing to render it decent, safe, sanitary, and 28 in good repair. Replacement housing purchased by a homeowner 29 cannot be located in a 100-year floodplain. “Decent, safe, 30 sanitary, and in good repair” is defined in the bill to mean 31 the same as described in 24 C.F.R. §5.703. “Replacement 32 housing” is defined in the bill as housing purchased by a 33 homeowner to replace a disaster-affected home that is destroyed 34 or damaged beyond reasonable repair as determined by a local 35 -10- LSB 2822XC (2) 89 jm/jh 10/ 12
S.F. _____ program administrator. 1 The authority shall determine the interest rate for the 2 forgivable loan. 3 If a homeowner who has been awarded a forgivable loan sells 4 a disaster-affected home or replacement housing for which the 5 homeowner received the forgivable loan prior to the end of the 6 loan term, the remaining principal on the forgivable loan shall 7 be due and payable. 8 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— RENTERS. 9 To be eligible for a grant under the program, the bill 10 requires the local program administrator to either deem 11 the disaster-affected home of the renter suitable for 12 rehabilitation but unsuitable for current short-term 13 habitation, or damaged beyond reasonable repair; and the 14 assistance does not duplicate benefits provided by any other 15 disaster assistance program. 16 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— REPORT. The 17 bill requires the authority to annually submit a report to 18 the general assembly detailing the disaster recovery housing 19 assistance program. 20 EVICTION PREVENTION PROGRAM. The bill requires the 21 authority to establish and administer an eviction prevention 22 program. Under the eviction prevention program, the authority 23 awards grants from the disaster recovery housing assistance 24 fund to eligible renters and eviction prevention partners. 25 Grants may be awarded upon a state of disaster emergency 26 proclamation by the governor that authorizes the eviction 27 prevention program. The bill defines “eligible renter” to mean 28 a renter whose income meets the qualifications of the program, 29 who is at risk of eviction, and who resides in a county that 30 is the subject of a state of disaster emergency proclamation 31 by the governor that also authorizes the eviction prevention 32 program. The bill defines “eviction prevention partner” to 33 mean a qualified local organization or governmental entity as 34 determined by rule by the authority. 35 -11- LSB 2822XC (2) 89 jm/jh 11/ 12
S.F. _____ The bill requires grants awarded to eligible renters to be 1 used for short-term financial rent assistance to keep eligible 2 renters in the current residence of the renter. Grants awarded 3 to eviction prevention partners are to be used to pay for rent 4 or services provided to eligible renters for the purpose of 5 preventing the eviction of eligible renters. 6 DISASTER RECOVERY HOUSING ASSISTANCE PROGRAM —— RULES. The 7 authority shall adopt rules pursuant to Code chapter 17A to 8 implement and administer the program including establishing 9 the maximum forgivable loan and grant amounts, the terms of 10 forgivable loans, and income qualifications of eligible renters 11 in the eviction prevention program. 12 EFFECTIVE DATE. The bill takes effect upon enactment. 13 -12- LSB 2822XC (2) 89 jm/jh 12/ 12