Policy & Practices: Goals | 2007/2008 Legislative Activity | Prop 1C Tracking | AB 389 Tracking

Infill | TOD | Brownfields

Last Updated February 28, 2008

In November 2006, the California voters approved Proposition 1C, the Housing and Emergency Trust Fund Act of 2006 (SB 1689, Perata), which authorized the issuance of bonds in the amount of $2.85 billion. Proceeds from the sale of the bonds will fund existing affordable and support housing programs, including the Multifamily Housing Program, the Emergency Housing Assistance Program, the Farmworker Housing Grant Program, and the Downpayment Assistance Program. In addition, Proposition 1C establishes funds totaling $1.15 billion to promote three types of housing projects that have never before received public support in such a targeted way: 1) infill development 2) transit-oriented development (TOD), and 3) brownfield development. $850 million is authorized by Prop 1C to be spent on the infill and brownfield programs, and an additional $300 million is authorized for the TOD program, to be administered by the Department of Housing and Community Development (HCD). The vision behind all three programs is that they will provide direct assistance to mixed-income, mixed-use developments with the greatest potential for catalyzing community growth and revitalization across the state.

HCD intends to distribute the $285 million ($15 million is being held for HCD overhead expenses) in TOD funds in equal portions of $95 million per year over three years. Follow-up legislation was enacted in August of 2007 (SB 86) to provide additional guidance on the administration of the other two programs and to appropriate a specific amount of funds to each of the other two programs for the fiscal year starting July 1, 2007:

  • Infill Program: $240 million
  • Brownfield Program: $60 million

All three programs are currently going through an administrative process to set guidelines for funding awards prior to releasing notification of funding. We anticipate that all three funds will be seeking requests for proposals by the end of the first quarter in 2008.

CLICK HERE to download a Microsoft Powerpoint presentation outlining all three funding programs.

Infill Development Program

A. Funds Available
HCD has aportioned the current year's $240 million in the following fashion:

  • Approximately $190 million to Qualifying Infill Areas and to Large Multi-Phased Qualifying Infill Projects (over 200 units)
  • Approximately $50 million to Qualifying Infill Projects that do not qualify as Large Multi-Phased.

Maximum assistance is $50 million over the life of the program to any one project or area. The current NOFA establishes 07/08 per-project grant fund ranges as follows:

  • $500K ($250K for rural areas) - $20 million per Qualifying Infill Project
  • $2 million ($1 million for rural areas) - $30 million per Qualifying Infill Area or Large Multi-Phased Qualifying Infill Project

B. Program Outline

  1. Eligible Applicants:
    • For-profit and non-profit developers.
    • Cities and counties.
    • Redevelopment Agencies
  2. Eligible Costs:
    • Project-specific creation, development, or rehabilitation of parks or open space.
    • Water, sewer, utilities, or other infrastructure related to the infill development.
    • Roads, parking structures, and transit linkages.
    • Support for alternative transit modes, including walking, bicycling, and ride sharing.
    • Traffic mitigation.
    • Demolition and site preparation (including remediation).
    • Sidewalks and streetscapes.  
  3. Threshold Criteria:
    • Eligible projects are residential or mixed-use residential projects within an urbanized area on a previously developed site.
    • The project site must be designated for residential or mixed-use residential development in a general plan, redevelopment plan, capital improvement plan, regional blueprint, or regional transportation plan.
    • The project must be in a city or county that has an HCD-approved housing element.
    • The project or area served by the grant must include 15 percent of units that will be affordable at specified affordability levels.
    • The project must be developed at a density that is equal to or greater than the Mullin densities described in housing element law, namely 30 units per acre for jurisdictions in metropolitan counties, 20 units per acre in "suburban" jurisdictions, 15 units per acre in cities in non-metropolitan counties, and 10 units per acre in unincorporated areas in non-metropolitan counties.
  4. Ranking Criteria:
    • Project readiness:
      - Environmental review
      - Land use entitlements
      - Funding
      - Local support
    • The extent to which the project exceeds the Mullin density thresholds.
    • Affordability.
    • The extent to which the project includes elements designed to achieve reductions in vehicle trips, emissions, or miles traveled based on the following criteria:
      - Proximity to public transit
      - Accessibility to alternative transit modes (walking, biking, or ride share)
      - Consistency with a regional growth blueprint that fosters efficient land use
      - Availability of pedestrian-friendly project features

C. Current Status

  1. Final guidelines and NOFA published February 28, 2008
  2. Application forms available on HCD website

D. Projected Timeline

  1. Applications due no later than 5:00 PM on Friday, April 4, 2008
  2. Awards scheduled to be made in June, 2008

E. More Information
HCD’s website: http://www.hcd.ca.gov/fa/iig/


TOD Program

A. Funds Available
HCD guidelines set a maximum combined award of $17 million per eligible residential or mixed-use TOD project for both infrastructure and direct construction assistance:

  • Grants to municipalities for infrastructure supportive of eligible TOD projects
  • Loands to developers for the development of rental units at eligible TOD projects
  • Grants to municipalities for loans to first-time homebuyers through BEGIN program for for-sale units at eligible TOD projects

B. Program Outline

  1. Eligible Applicants :
    • Infrastructure grants: municipalities and public transit agencies
    • Rental housing developments: developers
    • Homeownership housing developments: developers with the locality
  2. Eligible Costs - Infrastructure Projects: Capital improvements either required by the city/transit agency/special district, OR that improve pedestrian/bicycle access to a transit station:
    • Property acquisition
    • Construction work
    • Engineering design/supervision
    • Environmental studies/remediation/mitigation
    • Relocation costs
    • Replacement parking required by public agency
    • NOT eligible: local agency project admin & planning
  3. Eligible Costs - Housing Projects:
    • Costs for housing development, pursuant to MHP regulations
    • Land acquisition (redevelopment agencies only)
  4. Threshold Criteria - Housing Projects:
    • Minimum 50 units
    • Located in one of 27 defined urbanized areas
    • Located within 1/4 mile of qualifying transit station
    • Located within 1/2 mile of transit station along walkable route
    • At least 15% affordable units
    • Meet minimum density thresholds
    • Construction has not commenced
    • Site control
  5. Ranking Criteria:
      • Ridership
      • Local coordination
      • Affordability
      • Transit-supported uses
      • Walkable corridors
      • Parking
C. Current Status

  1. Final guidelines published December 6, 2007
  2. NOFA published December 11, 2007
  3. Application forms now available on HCD website
  4. Application workshops conducted week of January 28, 2008

D. Projected Timeline

  1. Applications due no later than 5:00 PM on Friday, March 7, 2008
  2. Awards scheduled to be made in June, 2008

E. More Information
HCD’s website: http://www.hcd.ca.gov/fa/tod/


Brownfield Program

A. Funds Available
Under the final regulations, the maximum award under the existing Cal ReUSE assessment program will be increased from $125,000 to $300,000, with infill residential or mixed use projects eligible for a higher funding cap of $500,000.

Participants in the new Cal ReUSE cleanup program will be eligible for up to $5 million in grants and loans combined, per infill residential/mixed-use project, with a minimum award of $50,000.

B. Cleanup Program Outline

  1. Eligible Applicants : Any public or private sector developer
  2. Eligible Costs:
    • Cleanup, mitigation, & remediation
    • Mid-project assessment
    • Technical assistance
    • Governmental oversight
    • Environmental insurance (up to 20% of award)
    • Capitalization of operation & maintenance funds
  3. Threshold Criteria - Grants:
    • At least 15% affordable units
    • Meet Mullin densities
    • All other projects eligible for loans at 6-month LIBOR interest rate
  4. Ranking Criteria:
      • Readiness
      • Located in Economically Distressed Community
      • Located in priority development area for city or regional COG
      • Percentage & depth of affordability
      • Green building methods
      • No O&M

C. Current Status

  1. Draft regulations issued November 15th
  2. Final regulations issued December 14th and approved by the CPCFA Board December 18th

D. Projected Timeline

  1. Final regulations to be in effect by end of February, 2008
  2. Funds will be available for award in June, 2008

E. More Information

  1. CPCFA website: http://www.treasurer.ca.gov/cpcfa/calreuse.asp
  2. CLICK HERE for more info on the current Cal ReUSE forgivable loan program for brownfield site assessment and characterization, technical assistance, and remedial action planning.