BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 308
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 308 (Cook and Carter)
          As Amended  August 19, 2010
          2/3 vote.  Urgency
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |     |(May 14, 2009)  |SENATE: |36-0 |(August 23,    |
          |           |     |                |        |     |2010)          |
           ----------------------------------------------------------------- 
                    (vote not relevant)

          Original Committee Reference:   E. & R.  

           SUMMARY  :  Continues the property tax revenue allocation  
          methodology for a specified utility property located in the  
          Inland Valley Development Agency (IVDA) redevelopment project  
          area in San Bernardino County, despite a recent change in  
          ownership that triggers a change in allocations.

           The Senate amendments  delete the Assembly version of this bill,  
          and instead:  

          1)Provide that if a utility-owned state-assessed unitary  
            property was constructed by a wholly owned subsidiary of a  
            utility before January 1, 2007, and placed in service by the  
            utility on or after January 1, 2007, and the property is  
            located in a redevelopment project area of a joint powers  
            authority comprised of cities and a county that adopts a  
            resolution stating that the property is subject to a  
            redevelopment plan, and the joint powers authority transmits a  
            copy of the resolution stating that the property is subject to  
            a redevelopment plan to the State Board of Equalization (BOE)  
            and the county auditor before January 1, 2011, then, for the  
            2010-11 and following fiscal years (FYs), the allocation of  
            property tax revenues shall be subject to the requirements  
            enacted by AB 81 (Migden), Chapter 57, Statutes of 2002.

          2)Provide that BOE may amend the tax rolls for FY 2010-11 in  
            order to provide the allocations as required in 1) above.

          3)State that the Legislature finds and declares that a special  
            law is necessary in order to ensure that IVDA receives  
            sufficient tax increment funding to repay loans, or moneys  
            advance to, or indebtedness incurred by, the redevelopment  
            agency to finance or refinance redevelopment projects.








                                                                  AB 308
                                                                  Page  2


          4)State that this act is an urgency statute and shall take  
            effect immediately.

          5)Add in chaptering out provisions to ensure that this bill does  
            not conflict with SB 1398 (DeSaulnier).

           EXISTING LAW  :  

          1)Requires BOE to assess public utilities for property tax  
            purposes.

          2)Provides for the following allocation formula pursuant to SB  
            1317 (Torlakson), Chapter 872, Statutes of 2006, for qualified  
            public utility-owned electrical facilities built after January  
            1, 2007, and meeting specified conditions:

             a)   Counties, K-14 schools, and non-enterprise special  
               districts receive the same percentage of these property tax  
               revenues as they received in the previous year;

             b)   The city in which the electrical facility is located  
               receives 90% of the remaining property tax revenues;

             c)   The city or water districts that provide water service  
               to the electrical facilities receive the remaining 10% of  
               the property tax revenues; and,

             d)   The other entities that would have previously received a  
               share of the property tax revenues do not receive any of  
               the revenues

           AS PASSED BY THE ASSEMBLY  , this bill required elections  
          officials to send a special runoff ballot, on which a voter may  
          rank all the candidates, to every overseas voter for any  
          election for which there may be a runoff election held within 90  
          days of that election.  Required the elections official to tally  
          a vote for the highest ranked candidate on a special runoff  
          ballot if the overseas voter that cast the special runoff ballot  
          does not return a regular ballot for the runoff election.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, this bill would result in approximately $2 million  
          less property tax revenue for K-14 schools than they would  
          otherwise receive beginning in FY 2010-11.  This bill would also  








                                                                  AB 308
                                                                  Page  3

          create a reimbursable state-mandated local program by changing  
          the manner in which county officials allocate property tax  
          revenues.

           COMMENTS  :  This bill continues the property tax revenue  
          allocation methodology for a specified utility property located  
          in the IVDA redevelopment project area in San Bernardino County  
          under specified conditions, despite a recent change in ownership  
          that triggers a change in allocations.

          AB 81 (Migden), Chapter 57, Statutes of 2002, was enacted to  
          change the revenue allocation of power plants divested by public  
          utilities and sold to private operators, as well as those newly  
          constructed by merchant power plant owners, to provide for  
          situs-based revenue allocation.  In 2005, San Diego Gas and  
          Electric sought and received special revenue allocations for a  
          proposed new power plant to be constructed in the City of  
          Escondido [AB 2558 (Plescia), Chapter 640, Statutes of 2004].   
          In 2006, the Legislature created an exception to the countywide  
          unitary tax allocation method for all newly constructed  
          public-utility-owned large-scale electrical generation,  
          substation, and transmission facilities.  This exception  
          allocates a greater share of unitary property tax revenues to  
          the city or county in which a qualified electrical facility is  
          located [SB 1317 (Torlakson), Chapter 872, Statutes of 2006].  

          Formed in 1990, the IVDA is a joint powers authority comprised  
          of the County of San Bernardino and the cities of Colton, Loma  
          Linda, and San Bernardino.  IVDA is responsible for redeveloping  
          the non-aviation portion of the former Norton Air Force Base and  
          surrounding properties.  Southern California Edison's (SCE)  
          Mountainview power plant is located in the City of Redlands  
          within an IVDA redevelopment project area.  Until this year, an  
          unregulated subsidiary of SCE owned the Mountainview power  
          plant.  In March 2010, SCE took ownership of the plant.  Because  
          it is now owned by a regulated utility company, the plant's  
          property tax revenues will be allocated using the 2006 Torlakson  
          allocation method rather than under the 2002 Migden allocation  
          method.  Because this change reduces property tax revenues that  
          IVDA and other local agencies receive from the Mountainview  
          power plant, IVDA officials want the county auditor to continue  
          to allocate property tax revenues from the plan using the Migden  
          bill's allocation method.
          This bill contains an urgency clause so that BOE and the San  
          Bernardino County Auditor can implement the bill's requirements  








                                                                  AB 308
                                                                  Page  4

          for allocating property taxes from the Mountainview power plant  
          this year.  This bill requires a two-thirds vote of each house  
          because it makes changes to the pro rata shares in which ad  
          valorem property tax revenues are allocated among agencies in a  
          county.
           
           Support arguments:  Supporters argue that without the bill, a  
          mere change in ownership of a power plan located within the area  
          of the IVDA will result in a loss of funds to the agency and to  
          surrounding cities and school districts.  This bill maintains  
          the status quo, therefore preserving the existing property tax  
          allocation methodology.

          Opposition arguments:  None on file.
           
           The Assembly version of this bill was deleted in the Senate, and  
          consequently, the subject matter has not been heard by an  
          Assembly policy committee this legislative session.


           Analysis Prepared by  :    Debbie Michel / L. GOV. / (916)  
          319-3958


                                                               FN: 0006582