SB 23-035

Senate Bill 23-035, also known as the Middle-income Housing Authority Act, aims to help create more affordable rental housing by allowing a state authority to partner with private companies. This bill makes it easier for these partnerships to happen and ensures that the affordable housing projects are tax-exempt. It also allows the authority to issue bonds to fund these projects and adds two non-voting members to its board of directors. The bill was signed into law on June 2, 2023, and is now in effect, meaning it can start facilitating new public-private partnerships immediately to support affordable housing initiatives.

Official Summary

The middle-income housing authority (authority) has the power to make and enter into contracts or agreements with public or private entities to facilitate public-private partnerships. The act clarifies this power of the authority to enter into public-private partnerships by specifying that: The affordable rental housing component of a public-private partnership is exempt from state and local taxation, and the authority must provide initial and ongoing notice to the local assessor of the exemption; A public-private partnership may include an agreement concerning commercial property in connection with an affordable rental housing project; A public-private partnership may provide for the transfer of the interest in an affordable rental housing project to an entity other than the authority; The authority may issue bonds to finance the affordable rental housing component in a public-private partnership; and Bonds issued by the authority may be payable from the revenue and assets of the affordable rental housing component of a public-private partnership or solely from the revenue or assets of the authority as current law requires. Additionally, the act expands the board of directors of the authority from 14 to 16 by adding 2 nonvoting members. The senate majority leader and the house majority leader will each appoint a member of the general assembly from their respective chambers to serve as the 2 new nonvoting members; except that, if the senate majority leader and the house majority leader are from the same political party, the house minority leader will appoint the member to the board of directors from the house. For the 2023-24 state fiscal year, $3,774 is appropriated from the general fund to the legislative department for use by the general assembly to implement the act. APPROVED by Governor June 2, 2023 EFFECTIVE June 2, 2023 (Note: This summary applies to this bill as enacted.)

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