BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 171 (Wolk)
          
          Hearing Date: 05/26/2011        Amended: As Introduced
          Consultant: Mark McKenzie       Policy Vote: G&F 6-2
          
















































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          BILL SUMMARY: SB 171, an urgency measure, would reduce future 
          property tax revenue shifts from the Cordelia Fire Protection 
          District (Cordelia FPD) to the Educational Revenue Augmentation 
          Fund (ERAF) in Solano County.
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                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           
          ERAF shift correction  $62*       $67*        $71*      General
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          *based on average historical property tax growth rate in Solano 
          County of 7% per year
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          STAFF COMMENTS:  SUSPENSE FILE. 

          In response to state budget deficits in the early 1990s, the 
          Legislature reduced state General Fund spending on education by 
          shifting property taxes from counties, cities, and special 
          districts to an ERAF in each county to support schools.  The 
          statutory formula for the 1992-93 ERAF shifts required special 
          districts to shift up to 40% of total property tax revenues, but 
          not more than 10% of total district revenues.  Some districts 
          were exempted, while others, including fire districts, were 
          granted exceptions to the formulas.  In the 1993-94 ERAF shifts, 
          most fire districts were effectively exempted because the 
          formulas allowed them to credit other funds they receive against 
          their ERAF contribution.  

          The Cordelia Fire Protection District provides fire protection 
          and emergency medical services to approximately 5,000 residents 
          within 56 square miles of unincorporated Solano County.  In 
          recent years, the amount of property tax revenues received by 
          the Cordelia FPD has decreased dramatically.  The largest loss 
          of revenues followed a correction in the District's allocation 
          in 2001 after it was discovered that nearly half of its annual 
          property tax revenues were coming from areas that had been 
          annexed into nearby cities and were no longer served by the 
          District.  The State Controller (SCO) has determined that the 
          District received approximately 50% more property tax revenues 
          than it should have from 1980 until Solano County corrected 








          SB 171 (Wolk)
          Page 3


          allocations in 2001.  While the District's ERAF payments are 
          based upon tax revenues it was receiving erroneously, the SCO 
          has reviewed the county's calculations and concluded that both 
          the current revenues received by the District, and its ERAF 
          contribution, appear to be correct.

          SB 171 would prospectively reduce Cordelia FPD's ERAF payments 
          by specifying that the amount of property tax deemed allocated 
          to ERAF by the district in 2010-11 would be decreased by 
          $58,310.  This adjustment would be reflected in future 
          allocations of property tax revenues, beginning in 2011-12.  SB 
          171 would also ensure that other special districts would not 
          absorb the adjustment.

          Staff notes that any shifts of property tax revenues from ERAF 
          or directly from school districts must be backfilled by the 
          General Fund to satisfy the requirements of Proposition 98 under 
          Test 2 and 3.  The adjustment to Cordelia FPD's property tax 
          allocations for the 2010-11 fiscal year would result in a 
          2011-12 General Fund cost of $58,310, plus a growth factor.  
          This amount would be compounded annually by the property tax 
          growth rate.  Based on information in the State Controller's 
          "Assessed Valuation Annual Report," the average annual property 
          tax growth rate in Solano County from fiscal year 1998-99 
          through 2009-10 is approximately 7 percent.