BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1009| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1009 Author: V. Manuel Perez (D) Amended: 9/4/09 in Senate Vote: 27 - Urgency ALL PRIOR VOTES NOT RELEVANT SEN. GOVERNMENTAL ORGANIZATION COMM .: 8-0, 10/14/09 AYES: Wright, Calderon, Negrete McLeod, Oropeza, Padilla, Price, Wiggins, Yee SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Bonds SOURCE : Author DIGEST : This bill makes substantive changes to the California Industrial Development Financing Act of 1980 so that California can take advantage of certain provisions of the federal stimulus bill. ANALYSIS : Existing law establishes in state government the California Debt Limit Allocation Committee, with duties that include annually determining a state ceiling on the aggregate amount of private activity bonds that may be issued, and allocating that amount among state and local agencies. Existing law defines the term "state ceiling" for those purposes with regard to an amount specified in federal law. CONTINUED AB 1009 Page 2 Existing law, the California Industrial Development Financing Act, authorizes cities, counties, cities and counties, and redevelopment agencies to establish industrial development authorities that are authorized to issue industrial development bonds, the proceeds of which may be used to fund capital projects of private enterprise under terms and conditions specified in the act. This bill: 1.Expands the permissible projects to include those that create or produce "intangible" products as well as traditional tangible products. 2.Provides a uniform mechanism for the issuance of Recovery Zone Facility Bonds by all cities and counties (and by "on-behalf-of" entities if permitted) and for a means by which the state can confirm compliance with the American Recovery and Reinvestment Act of 2009 (ARRA) and collect data on the projects funded by these types of Private Activity Bonds. 3.Provides a means whereby the California Industrial Development & Financing Advisory Committee (CIDFAC) can receive grant funds or other monies, from ARRA-initiated program or other sources, for the purpose of offsetting the costs of issuing Industrial Development Bonds (IDBs), thereby making this financing mechanism more economically accessible to California businesses. Background Federal Law . Federal law limits how much tax-exempt debt a state can issue in a calendar year, with the cap determined by a population-based formula. The California Debt Limit Allocation Committee (CDLAC) was created to set and allocate California's annual debt ceiling, and administers the tax-exempt bond program to issue the debt. The primary objective of the CIDFAC is to provide manufacturers in California with an alternative, low-cost source of funds to finance capital expenditures. To this end, CIDFAC reviews the public benefits generated by a AB 1009 Page 3 project, particularly job creation, and determines whether these benefits will significantly outweigh any detrimental public effects from the project. In addition, CIDFAC maintains a statewide perspective to ensure that one entity of the state is not adversely affected by the issuance of IDBs by another jurisdiction. The AARA included two new federal tax credits available to states and local governments: (1) Recovery Zone Bonds and (2) Qualified Energy Conservation Bonds. There are two types of Recovery Zone Bonds: (1) Recovery Zone Economic Development Bonds (RZEDBs) and (2) Recovery Zone Facility Bonds (RZFBs). Both are for public infrastructure to promote economic activity, job training and educational programs in a designated "recovery zone" area. The nationwide volume cap for the RZEDBs is $10 billion and RZFBs is $15 billion, with approximately $806 million of RZEDBs and $1.21 billion of RZFBs going to California's cities and counties. The Qualified Energy Conservation Bonds are for projects that reduce energy consumption including automotive battery technologies that reduce reliance on fossil fuel, renewable energy resources and green community programs. California's allocation of the QECBs is $381 million of the $3.2 billion nationwide volume cap. Comments According to the State Treasurer's Office the tax credit bonds will be allocated to states based on a formula laid out in the ARRA. The state is then to reallocate the funds to local cities and counties. There is currently not an authority to administer the new tax credit bonds, and CDLAC needs statutory language to be able to administer the funds. This bill expands the definition of "state ceiling" to include the Recovery Zone Bonds and the Qualified Energy Conservation Bonds that were made available to states and local governments through ARRA. CIDFAC provides manufacturers in California with an alternative, low-cost source of funds to finance capital expenditures. ARRA broadened the definition of 'manufacturing facility' to include facilities that are AB 1009 Page 4 used in the creation or production of intangible property (i.e., patents, copyrights, formulas, processes, designs, know-how, and other similar items) and created a new type of bond called the Recovery Zone Facility Bonds (RZFBs) to promote economic activity in designated "recovery zone" area . This bill amends CIDFAC's statute to reflect these aspects of ARRA which would include "intangible" property in the "manufacturing facility" definition and allow the Authority to issue RZFBs. These changes permit CIDFAC to provide low-cost financing to many more companies in California, which will increase employment or otherwise contribute to economic development. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 10/14/09) State Treasurer's Office TSM:cm 10/14/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****