BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 1011 (Jones) Hearing Date: 8/2/2010 Amended: 7/15/2010 Consultant: Katie Johnson Policy Vote: BFI 8-2 _________________________________________________________________ ____ BILL SUMMARY: AB 1011 would require the California Department of Insurance (CDI) to specifically collect data from insurers and to share it on its website related to the aggregate amount of insurer investments in green investments as part of their community development and community development infrastructure investments. The bill would also establish the Green Insurance Tax Credit. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Green incentive $5 million annually commencingGeneral tax credit upon approval of regulations Addition of green incentives unknown cost pressure onGeneral to CDFI law existing $10 million tax credit CDI review and certification $445 $345 $345Special* of tax credit eligibility and green investments data collection and reporting *Insurance Fund _________________________________________________________________ ____ STAFF COMMENTS: This bill meets the criteria for referral to the Suspense File. This bill would make findings and declarations regarding the detrimental effects of climate change on California's insurance industry and would state that by investing in energy efficiency improvements, renewable energy, incentives for reduced driving, and the building of "green buildings," and the conservation of natural resources, the insurance industry could help reduce greenhouse gas emission. This bill would define "green investments" with respect to existing law that requires all insurers in California to make community development and community development infrastructure investments. "Green investments" would mean investments that emphasize renewable energy projects, economic development, and affordable housing, as well as investments in projects such as the reuse and reinvention of city centers, community space, and transportation corridors that offer energy efficiency improvements and renewable energy generation. The California Department of Insurance (CDI), as part of its biennial data call, would be required to collect community development investment data related to green investments and to post the information on its departmental website. Page 2 AB 1011 (Jones) This bill would make green investments eligible for the existing California Community Development Financial Institution (CDFI) $10 million tax credit. The addition of another use for this tax credit would put cost pressure on it. The CDFI tax credit expires January 1, 2012. This bill would also establish a "Green Insurance Tax Credit" related to green investment each taxable year commencing on or after January 1, 2011. Insurers making green investments and desiring to utilize the tax credit would apply to CDI, as specified, to be certified as eligible for the tax credit. The tax credit would be limited to $5 million annually, but if that amount is not accessed in a given year, the excess authority could be carried over to subsequent years. Staff recommends that the tax credit provisions sunset January 1, 2015, to allow for Legislative review of the program. Existing law, the California Organized Investment Network (COIN) law, which sunsets on January 1, 2011, requires all California admitted insurers to provide information biennially to CDI on all community development investments and community development infrastructure investments they make in the state. This bill would instead sunset the provisions on January 1, 2015. Any expenses to CDI to provide guidance to insurers and to collect policy statements and to make them available to the public would be minor and absorbable. In order to develop applications, promulgate regulations, biennially provide information on its website regarding the aggregate amount of green investments made by insurers, and certify insurer eligibility for the tax credit, CDI would need staffing and IT contract resources of $445,000 in FY 2010-2011 and ongoing resources of $345,000 annually, commencing with FY 2011-2012. At the request of CDI and the California Organized Investment Network (COIN), the State Board of Equalization (BOE) would be required to advise and assist in the administration of this bill.