SSB 3092

Moneys in the fund at the end of each fiscal year do not revert to any other fund but remain in the fund for expenditure for subsequent fiscal years. The bill prohibits the authority from using more than percent of the moneys in the fund at the beginning of a fiscal year for purposes of administrative costs and other program support.49, for deposit in any other fund created under Code chapter 16, part 4. _____ written consent and approval of the governor and the department of management.106A(1)(o), for deposit in the disaster recovery homeowner assistance fund, with the written approval of the director of the economic development authority and without the approval of the governor. The bill directs the authority to establish and administer a disaster recovery homeowner assistance program (program) and to use moneys in the fund to provide forgivable loans to eligible homeowners of disaster-affected homes. “Disaster-affected home” is defined in the bill as a primary residence that is destroyed or damaged due to a natural disaster that occurs on or after the effective date of the bill, and that is located in a county that due to the natural disaster is the subject of a state of disaster emergency proclamation by the governor that authorizes disaster recovery homeowners assistance; or a primary residence that is destroyed or damaged due to a natural disaster that occurred on or after March 12, 2019, but before the effective date of the bill, and is located in a county that has been declared a major disaster by the president of the United States on or after March 12, 2019, and that is also a county in which individuals are eligible for federal individual assistance. The authority may enter into an agreement with one or more local program administrators (administrator) to administer the program, and moneys in the fund may be expended following a state of disaster emergency proclamation by the governor that authorizes disaster recovery homeowner assistance. _____ county that is the subject of the state of disaster emergency proclamation by the governor that authorizes disaster recovery homeowner assistance; or a qualified local organization or governmental entity as determined by rules as adopted by the authority.20B. The homeowner’s disaster case manager (manager) is required to determine the homeowner’s eligibility for the program. If the homeowner’s manager confirms the homeowner’s eligibility, the manager must refer the homeowner to the appropriate administrator. To be eligible for a forgivable loan under the program, the bill requires a homeowner to own a disaster-affected home (home) located in a county that has been proclaimed a state of disaster emergency by the governor; the home must have sustained damage greater than the damage that is covered by the homeowner’s property and casualty insurance policy insuring the home plus any other state or federal disaster-related financial assistance that the homeowner is eligible to receive; an administrator must deem the home suitable for rehabilitation or damaged beyond reasonable repair; and if the homeowner is seeking a forgivable loan for the repair or rehabilitation of the homeowner’s disaster-affected home, the home cannot be proposed for buyout by the county or city in which the home is located. If a homeowner is referred to an administrator by the homeowner’s manager, the bill allows the authority to award a forgivable loan to the eligible homeowner for repair or rehabilitation of the disaster-affected home, or for down payment assistance on the purchase of replacement housing, and the cost of reasonable repairs to be performed on the replacement housing to render it decent, safe, sanitary, and in good repair. _____ cannot be located in a 100-year floodplain. All awarded forgivable loans must be interest-free and have a five-year term. The maximum forgivable loan that may be awarded to any one eligible homeowner shall be determined by the authority by rule.703. “Replacement housing” is defined in the bill as housing purchased by a homeowner to replace a disaster-affected home that is destroyed or damaged beyond reasonable repair as determined by a local program administrator. A uniform percentage of a forgivable loan awarded to a homeowner must be forgiven by the authority on a monthly basis as determined by rules adopted by the authority. If a homeowner who has been awarded a forgivable loan sells a disaster-affected home or replacement housing for which the homeowner received the forgivable loan prior to the end of the five-year term, the remaining principal on the forgivable loan becomes due and payable pursuant to rules adopted by the authority. The authority is required to adopt rules to implement and administer the fund and the program. The bill takes effect upon enactment.