BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1662
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          Date of Hearing:  April 14, 2010

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                                Cameron Smyth, Chair
                  AB 1662 (Portantino) - As Amended:  April 7, 2010
           
          SUBJECT  :  Disaster relief:  County of Los Angeles.

           SUMMARY  :  Allows special tax treatment for losses sustained from  
          winter storms in January 
          of 2010, and fires in Monterey County and Los Angeles County in  
          August of 2009, and increases from 75% to 100% the amount of the  
          state share of eligible state costs related to the severe winter  
          storms that occurred in Northern, Central, and Southern  
          California during January 2010.  Specifically,  this bill  :  

          1)Provides that the state share shall be up to 100% of the total  
            state eligible costs connected with the severe winter storms,  
            flooding, and debris and mud flows that occurred in Northern,  
            Central, and Southern California during the period from  
            January 17, 2010, to February 6, 2010, as specified in  
            agreements between the state and the United States for federal  
            financial assistance.

          2)Requires, by October 30, 2010, the auditors of Los Angeles and  
            Monterey Counties, which were the subject of the Governor's  
            proclamation of a state of emergency for the wildfires that  
            commenced on August 26-27, 2009, to certify to the Director of  
            Finance an estimate for the total amount of the reduction in  
            property tax revenues resulting from the reassessment of  
            properties impacted by the fires.

          3)Requires, by October 30, 2010, the auditors of the Counties of  
            Calaveras, Imperial, Los Angeles, Orange, Riverside, San  
            Bernardino, San Francisco, and Siskiyou, which were the  
            subject of the Governor's proclamations of a state of  
            emergency for the severe winter storms that commenced in  
            January 2010, to certify to the Director of Finance an  
            estimate for the total amount of the reduction in property tax  
            revenues resulting from the reassessment of the properties  
            impacted by the severe winter storms.  

          4)Requires the Director of Finance, within 30 days after  
            verification of the county auditor's property tax estimate, to  
            certify the amount to the State Controller for allocation to  








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            the County for reimbursement in property tax loss.

          5)Provides that any dwelling that qualified for a homeowners'  
            property tax exemption before either disaster event, that was  
            damaged or destroyed by either disaster, and that has not  
            changed ownership since the date of the disaster, shall not be  
            denied a homeowners' exemption solely because that dwelling  
            was temporarily damaged or destroyed, or was being  
            reconstructed by the owner, or was temporarily uninhabited as  
            a result of restricted access.

          6)Provides that any taxpayer's excess disaster loss shall be  
            carried forward to future years for any loss sustained in  
            either disaster.

          7)States the intent of the Legislature to provide in the annual  
            Budget Act those additional reimbursements to local  
            governments for the property tax revenue reductions due to  
            disasters.
          8)Specifies that if the Commission on State Mandates determines  
            that this bill contains costs mandated by the state, local  
            agencies and school districts will be reimbursed for those  
            costs.

          9)Makes findings and declarations that this act fulfills a  
            statewide public purpose because 
          of the Governor's declarations of a state of emergency for both  
            disaster events, which constituted conditions of extreme peril  
            to public health and safety to persons and property, thus  
            qualifying affected persons for various forms of governmental  
            assistance and relief.

          10)Contains an urgency clause.

           EXISTING LAW  :

          1)Provides that for any eligible project, the state share shall  
            amount to no more than 75% 
          of total state eligible costs [Government Code 8686 (a)].

          2)Specifies a list of disasters for which the state share shall  
            be up to 100% of total state eligible costs [Government Code  
            8686 (b)].

          3)Provides, for any federally-declared disaster subsequent to  








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            January 1, 1995, that the Legislature has designated in  
            Government Code 8686 (b), that the state shall assume the  
            increased share in those cases where the Federal Emergency  
            Management Agency (FEMA) or another applicable federal agency  
            has approved the federal share of costs.

          4)Provides, under the California Disaster Assistance Act, a list  
            of disasters eligible for full state reimbursement of local  
            agency costs.

          5)Provides for state reimbursement to backfill property tax  
            revenue loss resulting from assessment reductions in areas  
            that the Governor has declared to be in a state of emergency.

          6)Provides for a standard homeowners' property tax exemption of  
            $7,000, and allows dwellings damaged in disasters declared by  
            the Governor to continue eligibility for the exemption.

          7)Allows losses sustained because of a Governor-declared  
            disaster to be carried forward to each of the five taxable  
            years following the loss, or if the loss remains after the  
            five years, extends the loss for the next ten years.

          8)Requires that the state share of reimbursement for local costs  
            due to a disaster not exceed 75% of total state eligible costs  
            unless the local agency is located within a city or county  
            that has adopted a local Hazard Mitigation Plan in accordance  
            with the federal Disaster Mitigation Act as part of the safety  
            element.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          1)On August 28, 2009, Governor Schwarzenegger declared a state  
            of emergency as a result 
          of the wildfires in both Los Angeles County and Monterey County.  
             On January 21, 2010, Acting Governor Brown proclaimed a state  
            of emergency for the Counties of Los Angeles, Orange,  
            Riverside, San Francisco and Siskiyou due to a series of  
            winter storms that brought high winds and significant amounts  
            of precipitation statewide.  On March 8, 2010, after a request  
            by Governor Schwarzenegger was submitted to FEMA in February,  
            President Obama declared a major disaster for California for  
            the severe winter storms, flooding, and debris and mud flows  








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            during the period of January 17 to February 6, 2010, in the  
            Counties of Calaveras, Imperial, Los Angeles, Riverside, San  
            Bernardino, and Siskiyou. 

            A previous version of this bill dealt only with disaster loss  
            provisions for Los Angeles County.  Amendments taken on April  
            7, 2010, add the other affected counties of both the August  
            2009 fire and the winter storms in January of 2010.  Also,  
            because the winter storms in January 2010 received a  
            presidential major disaster declaration under the Stafford  
            Act, the amendments added the winter storms to Government Code  
            8686(b), which provides for a higher percentage (up to 100%)  
            of the state share of eligible state costs.  Staff notes that  
            there are 13 disasters currently listed in Government Code  
            8686(b), ranging from 2006 back to 1989, and each of those  
            disasters received a presidential major disaster declaration.   


           2)Support Arguments  .  AB 1662 specifically provides that all the  
            counties involved in the two disasters are eligible for  
            reimbursement due to the loss of property tax resulting from  
            the lower reassessed property value caused by the disaster.   
            Additionally, this bill will allow homeowners to carry forward  
            losses resulting from the two disasters in August of 2009 and  
            January of 2010 into future taxable years and ensure that  
            standard property tax deductions continue for those displaced  
            from their homes by the fires. 

           3)Opposition Arguments  .  None at this time.

          4)Staff notes that AB 1662 is similar to other disaster relief  
            bills including AB 1690 (Chesbro) and AB 1766 (Gaines), which  
            are currently pending in the Committee, and several other  
            disaster relief measures that passed out of the Committee last  
            year.  As these disaster relief bills move forward, each will  
            need to be amended to avoid chaptering out issues.

          5)This bill is an urgency measure and will take effect  
            immediately upon the Governor's signature.

          6)This bill is double-referred to the Committee on Revenue and  
            Taxation.

           REGISTERED SUPPORT / OPPOSITION  :   









                                                                  AB 1662
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           Support  

          CA State Association of Counties
          CA Professional Firefighters
          Regional Council of Rural Counties

           Opposition
           
          None on file
           
          Analysis Prepared by  :    Debbie Michel / L. GOV. / (916)  
          319-3958