BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 1009
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 1009 (V. Manuel Perez)
        As Amended  September 4, 2009
        2/3 vote.  Urgency
         
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        |ASSEMBLY:  |     |(June 1, 2009)  |SENATE: |30-6 |(October 14,   |
        |           |     |                |        |     |2009)          |
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                   (vote not relevant)

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        |COMMITTEE VOTE:  |(6-0)|(September 26,   |RECOMMENDATION:   |Concur    |
        |                 |     |2009)            |                  |          |
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        Original Committee Reference:    J.,E.D. & E.

        SUMMARY  :  Modifies statute related to the California Debt Limit  
        Allocation Committee (CDLAC) and California Industrial Development  
        Financing Advisory Commission (CIDFAC) to allow these entities to  
        allocate, issue, and collect data on the new types of bonds  
        authorized under the American Recovery and Reinvestment Act of 2009  
        (ARRA).

         The Senate amendments  delete the prior contents of this bill, and  
        instead:

        1)Exclude bonds authorized pursuant to ARRA from the state ceiling  
          on the aggregate amount of private activity bonds that may be  
          annually issued.  

        2)Authorize CDLAC to reallocate any unused ARRA related bond  
          authority.

        3)Require CIDFAC review submissions from industrial development  
          authorities as to whether proposed projects comply with ARRA.   
          CIDFAC is also required to provide specified technical assistance  
          to state and local entities which issue bonds pursuant to the  
          Industrial Development Bond Act.

        4)Authorize CIDFAC to establish reserve funds and to provide  
          financial assistance to businesses on behalf of issuers.  The  
          reserves may be established and replenished from federal, state,  
          and nonprofits agencies, as specified.








                                                                AB 1009
                                                                Page  2


        5)Conform the eligible uses of industrial development bonds to  
          include those authorized under ARRA including, but not limited  
          to, commercial uses within a recovery zone; business activities  
          with the purpose of creating or producing intangible property; or  
          certain airports docks, wharfs, storage, training, or mass  
          commuting facilities within a recovery zone, enterprise  
          community, enterprise zone, or empowerment zone that is suitable  
          for a commercial purpose, as specified.

        6)Expand the definition of an eligible project that can be funded  
          with private activity bonds from simply the acquisition of  
          facility to also include the construction, improvement,  
          rehabilitation, and reconstruction of a facility; the acquisition  
          or rehabilitation of machinery, equipment, and furnishings; the  
          acquisition of engineering and architectural surveys, plans, and  
          specifications; and all other necessary and related capital  
          expenditures.

        7)Expand the criteria used by CIDFAC in determining whether a  
          public purpose exists and that the project is, therefore eligible  
          for financing from a private activity bond to include an  
          assessment of the economic benefits to the surrounding community  
          or state.
        8)Authorize an industrial development authority to pay all or a  
          portion of the cost to issue industrial development bonds.  This  
          will help to lower the cost of funds to business. 

        9)Make other technical and conforming changes

        10)Add an urgency clause, allowing this bill to take effect  
          immediately upon enactment.

         AS PASSED BY THE ASSEMBLY  , this bill authorized the establishment  
        of a direct loan program for the purpose of providing loans to  
        qualified small businesses.
         
        FISCAL EFFECT  :  According to the Senate Committee on  
        Appropriations, pursuant to Senate Rule 28.8, negligible fiscal  
        impact.  
         
        COMMENTS  :  AB 1009 is sponsored by the California State Treasurer  
        and is intended to update California law in order to best leverage  
        new federal bonding authority.  
         








                                                                AB 1009
                                                                Page  3

        The federal stimulus legislation made 30 tax changes that were  
        intended to provide relief to the American taxpayer and spur job  
        growth.  Among other economic recovery tools, ARRA established the  
        Recovery Zone Bond and Qualified Energy Conservation Bond.   
        Authority for issuing these bonds sunsets on December 31, 2010.

        Recovery Zone Bonds include both a public and private purpose  
        component:  Economic Development Bonds, referred to as RZ-EDBs,  
        provide financing for economic development related public  
        infrastructure.  Economic Development Facility Bonds, referred to  
        as RZ-FCs provide financing for business development costs  
        generally bore by the business.  Together, the Recovery Zone Bonds  
        offer a lower-cost finance option for key components of local  
        economic activity, job training, and educational programs.   The  
        Qualified Energy Conservation Bonds finance projects that reduce  
        energy consumption including automotive battery technologies that  
        reduce reliance on fossil fuel, renewable energy resources and  
        green community programs.

        This new ARRA bond authority is limited to financing projects that  
        are "ready to go" in calendar years 2009 and 2010.  California has,  
        by far, received the highest allocations of this new bond  
        authority.  The nationwide volume cap for the RZ-EDBs is $10  
        billion and RZ-FCs is $15 billion, with approximately $806 million  
        of RZ-EDB and $1.21 billion of RZ-FCs going to California's cities  
        and counties.  California's allocation of the Qualified Energy  
        Conservation Bonds is $381 million of the $3.2 billion nationwide  
        volume cap. 

         
        Analysis Prepared by  :    Toni Symonds / J., E.D. & E. / (916)  
        319-2090 

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