BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2080
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 2080 (Hernandez) - As Amended:  March 18, 2010 

          Policy Committee:                              Local  
          GovernmentVote:6-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill permits local agencies to sell their rights to future  
          subsidy payments from the U.S. treasury related to the Build  
          America Bonds Program to a joint powers authority for cash. The  
          joint powers authority would then be permitted to sell bonds  
          secured by these future subsidy payments.
           
           FISCAL EFFECT
           
          1)No direct state cost.

          2)For local agencies selling receivables, reduced revenues in  
            future years. 

           COMMENTS
           
           1)Purpose  . According to the author, the bill is intended to  
            allow local governments to take future federal subsidy  
            payments up front through a securitization transaction,  
            thereby resulting in additional capital available finance  
            projects. 

           2)Background  . A provision of the American Recovery and  
            Reinvestment Act (ARRA) is the Build America Bonds (BABs)  
            program, which is designed to help state and local finance  
            infrastructure spending. The tax exempt bond market, the  
            principal source of financing for state and local  
            infrastructure projects, has faced major problems over the  
            past two years, due to the credit crisis and lack of demand  
            for securities that pay interest that is exempt from federal  
            and state income taxation.








                                                                  AB 2080
                                                                  Page  2


            Under the BABs program, state and local government agencies  
            issue taxable bonds and then receive a federal subsidy payment  
            of 35% from the U.S. treasury, which is meant to offset the  
            difference between tax exempt and taxable interest rates.  
            Thus, if a local government sells a bond with a 7% taxable  
            interest rate, the federal government subsidy lowers the  
            effective interest rate to the issuer to about 4.5%. State and  
            local governments benefit because they now have access to the  
            vast worldwide market for taxable bonds, making it easier to  
            sell their bonds, and with the subsidy, they can significantly  
            lower the cost of financing their infrastructure projects.

            Currently, joint power authorities are authorized to purchase  
            bonds from local governments, pool them and resell them to  
            private investors. In addition, JPA's are authorized to buy  
            certain local government "receivables" - that is, future  
            rights of payments - and issue bonds secured by these  
            payments. Receivables for which JPA's may currently sell bonds  
            include certain vehicle license fee payments and the state's  
            repayment of property tax borrowed from local governments in  
            2009-10, as authorized by Proposition 1A. This bill would add  
            federal BAB payments to the list of receivables that JPA's  
            could purchase and use as security for bonds it sells to the  
            public. As a result, municipalities could convert their rights  
            to future payments into "up front" cash at a discount. 

           1)Key Issues  .  Federal BABs subsidy payments are not "new" money  
            available to local governments. Municipalities selling BAB  
            bonds are obligated to pay higher taxable interest rates than  
            would otherwise be the case if they were to sell tax exempt  
            securities. The federal subsidy merely offsets these higher  
            payments. If the right to these future subsidy payments is  
            sold for up-front cash at a discounted value, the local agency  
            is left with the higher annual interest payments but no  
            offsetting subsidy payments. It would be important for local  
            governments considering this when evaluating whether to pursue  
            the this option. 

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081