BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 662 (Atkins) - Redevelopment successor agencies Amended: August 13, 2013 Policy Vote: G&F 7-0 Urgency: No Mandate: Yes Hearing Date: August 30, 2013 Consultant: Mark McKenzie SUSPENSE FILE. Bill Summary: AB 662 would allow an infrastructure financing district (IFD) to include portions of former redevelopment project areas, and make several changes to the laws governing the dissolution of redevelopment agencies (RDAs). Fiscal Impact: Unknown General Fund impact, likely in the range of $750,000 annually for five years. This figure is based on the assumption that approximately 10 successor housing agencies would be eligible for at least $150,000 annually in allocations from the Redevelopment Property Tax Trust Fund through 2018, prior to distribution of residual revenues to local agencies and school entities. As such, the bill would reduce the amount of residual property tax revenues subject to general distribution by at least $1.5 million annually through 2018, about half of which would accrue to K-14 schools. In general, any property tax proceeds diverted from schools results in an equivalent General Fund cost, pursuant to Proposition 98's minimum funding guarantees. Background: Historically, the Community Redevelopment Law has allowed a local government to establish redevelopment agencies (RDAs) and capture all of the increase in property taxes that is generated within the project area beyond the base year value (referred to as "tax increment") over a period of decades. Prior to their dissolution pursuant to ABx1 26 (Blumenfield) Chap 5/2011, RDAs used tax increment financing, oftentimes issuing long-term debt in the form of tax allocation bonds, to address issues of blight, construct affordable housing, rehabilitate existing buildings, and finance development and infrastructure projects. Existing law establishes procedures for winding down RDA AB 662 (Atkins) Page 1 activity, including a requirement that successor agencies dispose of former RDAs' assets under direction of an oversight board. Successor agencies are required to make any payments related to enforceable obligations, as specified in an adopted biannual recognized obligation payment schedule (ROPS), and remit unencumbered balances of RDA funds to the county auditor-controller for distribution to local taxing entities in the county. The Department of Finance (DOF) reviews each ROPS to determine if the listed payments meet the statutory criteria for repayment, and has the authority to disallow any payments that do not meet those criteria. Successor agencies cannot enter into new enforceable obligations. Existing law, AB 1484 (Budget Committee), Chap 26/2012, requires DOF to provide a successor agency with a "finding of completion" after the agency remits specified RDA property tax allocations and unencumbered cash assets to the county auditor-controller through a due diligence process. Once the successor agency receives a finding of completion, the agency is authorized to: Transfer former RDA properties to the city or county, or otherwise dispose of the property in accordance with a DOF-approved long-range property management plan. Repay loans made by the city or county to the RDA, if the loan is deemed to have been made for legitimate redevelopment purposes, as specified. Expend bond proceeds in excess of the amounts needed to satisfy approved enforceable obligations in a manner consistent with the original bond covenants. Proposed Law: AB 662 would allow an IFD to include portions of former RDA project areas, and make several changes to the laws governing the dissolution of RDAs. Specifically, this bill would: Authorize an IFD to finance a project located at least partially in a former RDA project area, as long as DOF has issued a certificate of completion to the successor agency. Any IFD debts would be subordinate to enforceable obligations. Clarify that properties in an approved RDA plan include properties listed in a community plan, five-year implementation plan, or other similar document, with respect to property transfers to a city or county pursuant to an approved long-range management plan. Authorize a successor agency to schedule ROPS payments beyond the existing six-month ROPS cycle upon a showing that a lender AB 662 (Atkins) Page 2 requires cash on hand beyond the ROPS cycle. Authorize a successor agency to utilize reasonable estimates and projections to support payment amounts for enforceable obligations if it submits appropriate supporting documentation of the basis for the estimate or projection to DOF. Specify that a ROPS can include appropriation of moneys from bonds subject to passage during the ROPS cycle when an enforceable obligation requires the successor agency to issue bonds to pay for project expenditures. Authorize a successor agency that has received a finding of completion, upon specified notice to an oversight board, to enter into contracts or administer projects in connection with an enforceable obligation, if no new tax revenues are committed and the activity will not adversely impact the flow of property tax revenues or payments. Require the county auditor-controller, prior to distributing residual revenues to taxing entities, to allocate moneys from the Redevelopment Property Tax Trust Fund from January 1, 2014 through June 1, 2018 to an entity that has assumed the housing duties of a former RDA. Specify that this "housing entity administrative cost allowance" would be 1 percent, but not less than $150,000 annually, of the property tax allocated to the Redevelopment Obligation Retirement Fund each fiscal year. Specify that the loan repayment schedule excludes amounts paid to taxing entities from the Redevelopment Property Tax Trust Fund pursuant to the due diligence review process during the 2012-13 base year. Staff Comments: Upon dissolution of an RDA, a local agency had the option to retain the housing functions and housing assets of the former RDA, or transfer those functions to a local housing authority. A local agency that retains the RDA housing functions is eligible for an additional allocation of former RDA revenues for administrative costs associated with that function. However, there is no allowance in the dissolution statutes that provide for the transfer of administrative funding if the housing functions are transferred to a local housing authority. AB 662 requires a "housing entity administrative cost allowance" from January 2, 2014 through June 1, 2018 of up to 1 percent, but no less than $150,000, of the property tax to be allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency each fiscal year. This allocation diverts former RDA revenues to housing successors prior to the general AB 662 (Atkins) Page 3 distribution of residual revenues to local taxing entities by the county auditor-controller. Since approximately 10 local housing authorities are acting as housing successors, this bill would divert at least $1.5 million annually from general distribution. About half of this amount would represent a loss of property tax revenues to schools, which must be backfilled by the General Fund. The fiscal impacts of the remaining provisions of this bill are not expected to be significant.