BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 79
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          Date of Hearing:  April 1, 2009

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                             Anna Marie Caballero, Chair
                     AB 79 (Duvall) - As Amended:  March 25, 2009
           
          SUBJECT  :  Disaster relief.

           SUMMARY  :  Adds the "Freeway Complex Fire" which occurred in the  
          Counties of Orange, Riverside, and San Bernardino in November  
          2008, to the list of disasters eligible for full state  
          reimbursement of local agency costs, beneficial homeowners'  
          property tax exemption treatment, and favorable "carry forward"  
          treatment of excess disaster losses.  Specifically,  this bill  :  

          1)Amends the California Disaster Assistance Act to add the  
            "Freeway Complex Fire," which occurred in the Counties of  
            Orange, Riverside and San Bernardino starting on November 15,  
            2008, to the list of disasters eligible for full state  
            reimbursement of local agency costs.

          2)Requires, by October 30, 2009, the auditors of Orange,  
            Riverside, and San Bernardino Counties to certify to the  
            Director of Finance an estimate for the total amount of the  
            reduction in property tax revenues resulting from the  
            reassessment of properties impacted by the November 2008  
            fires.

          3)Requires the Director of Finance, within 30 days after  
            verification of the county auditor's property tax estimate, to  
            certify the amount to the State Controller for allocation to  
            the County for reimbursement in property tax loss.

          4)Allows owners of dwellings that were damaged or destroyed by  
            the "Freeway Complex Fire" in Orange, Riverside and San  
            Bernardino Counties to be eligible for the standard  
            homeowners' property tax exemption.

          5)Provides that any taxpayer's excess disaster loss shall be  
            carried forward to future years for any loss sustained in  
            Orange, Riverside, and San Bernardino Counties as a result of  
            the "Freeway Complex Fire."

          6)Contains an urgency clause.









                                                                  AB 79
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           EXISTING LAW  :

          1)Provides, under the California Disaster Assistance Act, a list  
            of disasters eligible for full state reimbursement of local  
            agency costs.

          2)Provides for state reimbursement to backfill property tax  
            revenue loss resulting from assessment reductions in areas  
            that the Governor has declared to be in a state of emergency.

          3)Provides for a standard homeowners' property tax exemption of  
            $7000, and allows dwellings damaged in disasters declared by  
            the Governor to continue eligibility for the exemption.

          4)Allows losses sustained because of a Governor-declared  
            disaster to be carried forward to each of the five taxable  
            years following the loss, or if the loss remains after the  
            five years, extends the loss for the next ten years.

          5)Requires that the state share of reimbursement for local costs  
            due to a disaster not exceed 75% of total state eligible costs  
            unless the local agency is located within a city or county  
            that has adopted a local HMP in accordance with the federal  
            DMA as part of the safety element.


           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          1)On November 15, 2008, Governor Schwarzenegger declared a state  
            of emergency as a result of the "Freeway Fire" that occurred  
            in the Counties of Orange and Riverside in November 2008.  The  
            Governor subsequently issued another proclamation on November  
            17, 2008 to include San Bernardino County in the disaster  
            emergency declaration for the "Freeway Complex Fire" because  
            the fire spread from Orange and Riverside Counties into San  
            Bernardino County.  AB 79 ensures that all three counties  
            subject to the Governor's emergency disaster declarations will  
            receive the necessary money to help rebuild.

          2)AB 79 specifically provides that the affected counties are  
            eligible for reimbursement due to the loss of property tax  
            resulting from the lower reassessed property value caused by  
            the disaster.  Additionally, this bill will allow homeowners  








                                                                  AB 79
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            to carry forward losses resulting from the 2008 fire disasters  
            into future taxable years and ensure that standard property  
            tax deductions continue for those displaced from their homes  
            by the fires. 

          3)Staff notes that AB 79 is one of three disaster relief bills  
            pending in the Local Government Committee - the other bills  
            are AB 15 (Fuentes) and AB 50 (Nava).  As these bills move  
            forward, each will need to be amended to avoid chaptering out  
            issues.

           4)TECHNICAL AMENDMENT  :  The Committee may wish to request that  
            the author take the following technical amendments.

             a)   Strike Section 1 of the bill.  A drafting error added  
               the "Freeway Complex Fire" to the incorrect code section.   
               Only federally declared disasters are eligible to be listed  
               under Government Code 8686 (b).

          5)This bill is an urgency measure and will take effect  
            immediately upon the Governor's signature.

          6)This bill is double-referred to the Committee on Revenue and  
            Taxation.

           





          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          CA Special Districts Association
          CA State Association of Counties
          Counties of Orange and Riverside

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Debbie Michel / L. GOV. / (916)  
          319-3958 








                                                                  AB 79
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