BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2 (Alejo) - Community revitalization authority
          
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          |Version: July 7, 2015           |Policy Vote: GOV. & F. 5 - 1,   |
          |                                |          T. & H. 9 - 2         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 17, 2015   |Consultant: Mark McKenzie       |
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          This bill meets the criteria for referral to the Suspense File. 







          Bill  
          Summary:  AB 2 would authorize local entities, either individually or  
          collaboratively and excluding schools and successor agencies, to  
          form a Community Revitalization and Investment Authority (CRIA).  
           Participating entities agree to direct property tax increment  
          revenues to the CRIA to invest in improvements in specified  
          project areas that are characterized by low household income,  
          high unemployment and crime, and deteriorated public  
          infrastructure and structures.


          Fiscal  
          Impact:  
           Potentially major redirection of local property tax revenues  







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            from participating local agencies, excluding schools, to a  
            CRIA over a period of decades.  Since the bill prohibits  
            schools from participating, there is no state fiscal impact  
            related to the redirection of local property tax revenues.

           Estimated one-time costs to the State Controller's Office  
            (SCO) of up to $100,000 before the end of 2021 (General Fund)  
            to establish guidelines for periodic financial and performance  
            audits that include provisions for determining compliance with  
            affordable housing requirements as well as secondary review  
            and compliance measures for failure to achieve initial  
            compliance on the regular audit schedule. (Staff assumes up to  
            1 PY of audit staff time)

           Estimated periodic SCO costs in the range of $50,000 to  
            $100,000 (General Fund) on a periodic basis for accepting  
            audits and reviewing and approving secondary compliance plans  
            submitted by agencies that fail to comply with initial audit  
            requirements. (Staff assumes up to 1PY of audit work on a  
            periodic basis).  These costs would only be incurred to the  
            extent an agency is out of compliance.


          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.  RDAs used tax  
          increment financing to address issues of blight, construct  
          affordable housing, rehabilitate existing buildings, and finance  
          development and infrastructure projects.  

          Citing a significant State General Fund deficit, Governor  
          Brown's 2011-12 budget proposed eliminating RDAs and returning  
          billions of dollars of property tax revenues to schools, cities,  
          and counties to fund core services.  Among the statutory changes  
          that the Legislature adopted to implement the 2011-12 budget, AB  
          X1 26 (Blumenfield) Chap 5/2011 dissolved all RDAs and  
          established procedures for winding down RDA activity.  Existing  
          law requires successor agencies to dispose of former RDAs'  
          assets and properties, at an oversight board's direction, in an  
          expeditious manner aimed at maximizing value.  Successor  
          agencies are required to make any payments related to  
          enforceable obligations, as specified in an adopted recognized  








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          obligation payment schedule and remit unencumbered balances of  
          RDA funds and proceeds from asset sales to the county  
          auditor-controller for distribution to local taxing entities in  
          the county.  Successor agencies cannot enter into new  
          enforceable obligations.


          Proposed Law:  
            AB 2 would authorize local agencies, excluding schools and  
          successor agencies, to establish a CRIA to finance specified  
          activities within a revitalization and investment area according  
          to a specified community revitalization and investment plan.   
          Among other things, this bill would:
           Provide for the formation of a CRIA by local agencies,  
            excluding school entities and successor agencies, individually  
            by adopting a resolution, or collaboratively by forming a  
            joint powers authority.
           Prohibit a CRIA in a city or county that created an RDA that  
            was dissolved from becoming effective until the successor  
            agency has adopted findings that the agency has received a  
            finding of completion from the Department of Finance (DOF),  
            there is no outstanding litigation related to dissolution, and  
            there are no outstanding issues related to asset transfers, as  
            specified.  
           Require at least 80 percent of the land in an investment area,  
            as specified, to be characterized by an annual median  
            household income of less than 80 percent of the statewide  
            median household income  and  three of the following four  
            conditions:
               o      Nonseasonable unemployment at least 3 percent higher  
                 than the statewide median unemployment rate, as  
                 specified.
               o      Crime rates that are at least 5 percent higher than  
                 the statewide rate.
               o      Deteriorated or inadequate infrastructure, such as  
                 streets, sidewalks, water supply, sewer treatment or  
                 processing, and parks.
               o      Deteriorated commercial or residential structures.
           Authorize a CRIA, as an alternative to the above criteria, to  
            establish an investment area within a former military base  
            principally characterized by deteriorated or inadequate  
            infrastructure and structures.
           Allow a plan for a CRIA to include a provision for the receipt  
            of tax increment funds, as specified, and require the plan to  








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            include specified mandatory elements, including a housing  
            program that dedicates 25% of tax increment proceeds to be  
            spent on affordable housing, rather than the 20% required  
            under redevelopment law.
           Enact extensive affordable housing set-aside requirements.   
            Apart from the increased allocation for affordable housing  
            purposes, these provisions are generally consistent with  
            requirements that applied under Redevelopment Law.
           Authorize a CRIA to dedicate funding to specified  
            infrastructure, low and moderate income housing, brownfield  
            cleanup, seismic retrofits, property acquisition, construction  
            of specified structures for provision of air rights, and  
            direct assistance to businesses for industrial and  
            manufacturing uses.
           Specify the procedures a CRIA must follow for adopting a plan,  
            including notice and public hearing requirements, a protest  
            process, and potentially voter approval.
           Require a CRIA to annually review the plan, prepare an  
            independent financial audit, and adopt an annual report in a  
            public hearing.
           Require a CRIA to conduct a protest proceeding every 10 years.  
             If between 25% and 50% of residents and property owners file  
            protest, the CRIA must not initiate any new projects until an  
            election of property owners and residents is held.  If a  
            majority of the electorate votes against the CRIA, it must not  
            take any further action to implement the plan.
           Authorize a CRIA to acquire property through eminent domain,  
            provided that authority is exercised within 12 from the  
            initial adoption of the plan.
           Require the SCO to establish audit guidelines by December 31,  
            2021 to determine compliance with specified affordable housing  
            maintenance and replacement requirements.
           Require a CRIA to contract for an independent performance  
            audit every five years that is consistent with the guidelines  
            established by the SCO, beginning in a calendar year in which  
            a CRIA has accumulated more than $1 million in tax increment  
            revenues in the aggregate, including debt issuance proceeds.
           Require a CRIA to submit a plan for compliance to the SCO, if  
            the initial audit contains findings of failure to comply with  
            the specified housing requirements identified in the audit  
            guidelines.
           Require the SCO to review and approve the compliance plan to  
            ensure that it includes specified means of achieving  
            compliance, including expenditure of an additional 10 percent  








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            of tax increment on low-income housing, increasing production  
            of units for very low income households by 10 percent, or  
            targeting expenditures to rental housing affordable to very  
            low and extremely low income persons. 
           Establish specified monetary penalties if a CRIA fails to  
            provide a copy of the completed audit to the SCO within 20  
            days of receiving a written notice of failure.  If a CRIA  
            fails to provide a copy of the audit for two or three  
            consecutive years, the amount of the original penalties will  
            be doubled or tripled, respectively, and the SCO will conduct  
            an independent audit and charge the CRIA for the audit costs.


          Related  
          Legislation:  AB 2 is similar to 1080 (Alejo), which was held on this  
          Committee's Suspense File in 2013.  AB 2 is also similar to AB  
          2280 (Alejo), which was vetoed by Governor Brown last year.  The  
          Governor's veto message included the following:

               I applaud the author's efforts to create an economic  
               development program, with voter approval, that focuses on  
               disadvantaged communities and communities with high  
               unemployment.  The bill, however, unnecessarily vests this  
               new program in redevelopment law. I look forward to working  
               with the author to craft an appropriate legislative  
               solution.

          To address the Governor's concerns, AB 2 takes duplicates  
          portions of the Community Redevelopment Law in new code sections  
          within the bill, rather than cross-referencing Health and Safety  
          Code sections of redevelopment law.

          SB 628 (Beall), Ch. 785/2014, authorized local agencies to  
          establish Enhanced Infrastructure Financing Districts (EIFDs)  
          and authorized them to use tax increment financing (excluding  
          the school share) to pay for local economic development.  EIFD  
          tax increment bonds require 55% voter approval.



          Staff  
          Comments:  Prior to 2011, local communities used redevelopment as a tool  
          to alleviate blight by diverting over $6 billion annually in  
          property tax increment to pay for development projects,  








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          repairing infrastructure, and building affordable housing.   
          Since approximately half of property tax revenues statewide are  
          a dedicated source of funding for K-14 schools, redevelopment  
          diverted significant revenues away from schools.  Generally, the  
          loss in school funding related to the tax increment dedicated  
          for redevelopment purposes has been backfilled by the General  
          Fund pursuant to the minimum funding guarantees specified in  
          Proposition 98.  Although AB 2 uses tax increment financing for  
          CRIA activities, the bill avoids the impact to the state General  
          Fund by explicitly prohibiting school entity participation.

          This bill requires that a disadvantaged community have at least  
          80 percent of the land (calculated by census tracts) within an  
          investment area be characterized by an annual household income  
          that is less than 80 percent of the statewide median household  
          income,  and  three out of the following four characteristics:  
          unemployment that is at least 3 percent above the statewide  
          average, crime rates that are at least 5 percent above the  
          statewide average, deteriorated or inadequate infrastructure,  
          and deteriorated commercial or residential structures.   
          According to U.S. Census Bureau data, the estimated California  
          statewide median household income was $57,528 in 2013.  The most  
          recent labor market information on the Employment Development  
          Department's website indicates a statewide unemployment rate of  
          6.2 percent in June of 2015.  Earning $45,000 or less annually  
          per household is the U.S. Census Bureau's current threshold for  
          "low-income," and the poverty line is approximately half of that  
          amount at a household income of $22,350.  This bill requires  
          that an investment area be characterized by an average household  
          income of about $46,022 in 80 percent of the census tracts, in  
          addition to meeting three of the four characteristics enumerated  
          above.  Staff notes that the income requirements are roughly  
          what the Census Bureau classifies as low-income, but is nearly  
          twice the amount considered to be the poverty line.  The extent  
          to which the criteria specified in the bill would constrain the  
          use of this new economic development tool is unclear.

          AB 2 requires periodic audits to determine compliance with  
          affordable housing maintenance and replacement requirements of  
          the bill.  These audits are to be submitted to the SCO, but the  
          bill explicitly states that the SCO is not required to review  
          and approve completed audits.  However, if a CRIA audit is  
          deemed out of compliance, the SCO is required to review and  
          approve plans submitted by a CRIA to achieve compliance.  As  








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          part of this secondary review, the SCO must ensure that the plan  
          meets specified compliance measures.  It is unclear why the SCO  
          is relieved from the first-level review and certification of  
          CRIA audits, but is required to ensure compliance with the  
          secondary review of compliance plans.  The Community  
          Redevelopment Law required RDAs to submit financial information  
          to the SCO annually.  Although AB 2 requires CRIA's to annually  
          conduct financial audits, there is no requirement that the SCO  
          receive, review, or approve those audits.

          Staff notes that property owned by a public agency is not  
          subject to property taxation.  This bill could result in an  
          unknown, short-term loss of property tax revenue, to the extent  
          properties acquired by a public agency are removed from the tax  
          rolls for a period of time.  It is unclear whether a CRIA would  
          qualify as a public entity for these purposes.


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