BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 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.
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          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  







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          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  







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          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

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