BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 205
                                                                  Page  1

          Date of Hearing:   January 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                  SB 205 (Hancock) - As Amended:  January 19, 2010 

          Policy Committee:                             Transportation  
          Vote:        Not relevant                     

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill provides statutory authority for the State Department  
          of Education (SDE) and the California School Finance Authority  
          (CSFA) to administer the federal Qualified School Construction  
          Bonds (QSCB) tax credit program authorized by the federal  
          American Recovery and Reinvestment Act of 2009 (ARRA).   
          Specifically, this bill:  

          1)Assigns $700 million of the state's 2009 federal tax credit  
            bond volume cap for the QSCB program to SDE for further  
            assignment and distribution to school districts and county  
            offices of education (COEs).  

          2)Assigns $73.5 million of the state's 2009 federal tax credit  
            bond volume cap for the QSCB program to CSFA to be issued for  
            the benefit of charter schools, as determined by CSFA.  

          3)Requires any of the state's 2009 federal tax credit volume cap  
            for QSCB assigned to SDE or CSFA that has not resulted in the  
            issuance of bonds by December 31, 2009 be added to the state's  
            volume cap for 2010.  

          4)Extends school districts and COEs ability to issue bonds by  
            120 days from the effective date of this measure, provided  
            these entities received an assignment of tax credits under the  
            QSCB program from SDE prior to December 31, 2009.  

          5)Requires any of the state's federal 2009 tax credit bond  
            volume cap for the QSCB program originally allocated to SDE  
            that does not result in the issuance of bonds within 120 days  
            from the effective date of this measure to revert to the state  








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            and be reallocated in accordance with the process established  
            by the state, as specified.  

          6)Requires any charter school that received an allocation from  
            CSFA prior to December 31, 2009 to retain its allocation  
            pursuant to a resolution of the CSFA board.  

           FISCAL EFFECT  

          California received a total of $1.36 billion for the QSCB  
          program.  Of this amount, $582 million is allocated directly to  
          large school districts based on their federal Title I  
          allocations (poor, needy pupils) and $773.5 million is reserved  
          for school districts, COEs, and charter schools.  SDE, in  
          collaboration with the governor's office and state treasurer,  
          designated $73.5 million of the state's $773.5 million  
          allocation for charter schools.  This amount was determined  
          based on charter schools receiving approximately 10% of new  
          construction funding in the last two statewide education school  
          facility bonds.  

          There is not a minimum bond authorization amount in order for  
          LEAs to participate in this program.  LEAs, however, are limited  
          to $25 million in tax credits per authorization cycle.    

           SUMMARY CONTINUED
           
          7)Requires any of the state's federal 2009 tax credit bond  
            volume cap for QSCB originally allocated to CSFA that does not  
            result in the issuance of bonds by December 31, 2010 to be  
            retained by CSFA and reallocated in accordance with the QSCB  
            program parameters established by the CSFA.  
           
           8)Exempts the assignment and distribution of tax credit bond  
            volume cap by SDE and CSFA from the rulemaking provisions of  
            the Administrative Procedures Act (APA).  

          9)Ratifies and approves any actions taken and distributions of  
            tax credit volume cap made by SDE and CSFA with respect to the  
            state's volume cap.  
           
          COMMENTS  

           1)Background  .  In February 2009, the federal government passed  
            ARRA, which allocated approximately $100 billion nationwide  








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            for education programs with the purpose of stimulating the  
            economy, including tax credits under the QCSB program.  The  
            QCSB program allows local education agencies (LEAs), including  
            charter schools, to issue tax-exempt bonds and use 100% of the  
            proceeds for specified school facility purposes.  The bonds  
            provide federal tax credits for bondholders in lieu of  
            interest in order to significantly reduce an issuer's (i.e.,  
            LEAs) cost of borrowing.  The final maturity of the loan may  
            vary slightly; it typically is limited to approximately 15  
            years.   

            ARRA provides for an allocation to each state based on the  
            state's Title I allocation, along with separate allocations  
            for large school districts.  In the summer of 2009, SDE, in  
            collaboration with the governor's office and the state  
            treasurer, was designated as the administrating agency for the  
            QSCB program.  SDE developed an administrative process for  
            implementing this program, including parameters for  
            participation and designating allocation amounts for school  
            districts and COEs ($700 million) and to CSFA for charter  
            schools ($73.5 million).  Applications were due to SDE by  
            August 25, 2009.  

            CSFA was granted authority to administer the QSCB program for  
            charter schools due to its existing expertise in charter  
            school facility finance issues.  Similar to SDE, CSFA's board  
            developed parameters and procedures for this program.   
            Applications were due to CSFA by September 14, 2009.    

            While both SDE and CSFA have established policies and  
            procedures to administer the QSCB program, each entities' bond  
            counsel, including the governor's office and the attorney  
            general, have expressed concerns regarding their legal  
            authority to issue tax credits to LEAs and charter schools, as  
            required under this program.  Therefore, approved school  
            districts and charter schools have not issued bonds due to the  
            legal concerns regarding the state's ability to issue QSCB tax  
            credits.  

            This bill provides statutory authority for the SDE and CSFA to  
            administer the QSCB program and issue program tax credits to  
            approved school districts and charter schools.  

           2)Who received funding under the QSCB program  ?  SDE received a  
            total of 231 school districts applications for $3.6 billion.    








                                                                  SB 205
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            As a result, SDE conducted a lottery to determine the  
            recipients of the $700 million designated for LEAs.  43 school  
            districts were funded and initially required to issue bonds by  
            December 31, 2009.   SDE granted extensions to 39 of the 43  
            districts on a case by case basis.  Four LEAs returned their  
            program allocations.  School districts have until March 31,  
            2010 to issue bonds.  This bill extends this timeline by 120  
            days, as specified.  

            CSFA received 28 applications from charter schools for the  
            QSCB program.  Under the board's parameters, CSFA staff  
            developed a list of six charter schools deemed "credit worthy"  
            and that demonstrated an ability to immediately begin  
            construction or modernization.  These six charter schools were  
            approved for $29.2 million under the QSCB program.  To date,  
            the approved charter schools have not issued bonds due to  
            legal concerns.  The 22 remaining applicants are being further  
            evaluated by CSFA.    

           3)Committee amendments  .  As currently drafted, there is not an  
            urgency clause in the bill.  Approved school districts and  
            charter schools, however, are waiting to issue bonds and  
            receive tax credits from the state under the QSCB program.   
            Committee staff recommends an urgency clause be amended into  
            this measure.     
            
          Also, SDE informed the committee that there is a technical error  
            in the amount of money specified for charter schools.  The  
            committee recommends an amendment to change this number to  
            $75,525,000.  



           

           
           
           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081