BILL ANALYSIS AB 79 Page 1 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 Page 2 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 Page 3 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 Page 4