BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 422| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 422 Author: McCarty (D) Amended: 7/16/15 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 7/14/15 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski ASSEMBLY FLOOR: 56-19, 5/7/15 - See last page for vote SUBJECT: Sacramento Regional Transit District: line of credit SOURCE: Sacramento Regional Transit District DIGEST: This bill enables Sacramento Regional Transit District (Sacramento RT) to obtain a short-term revolving line of credit for operating purposes. ANALYSIS: Existing law: 1)Establishes the Sacramento RT to operate a single unified public transportation system in the Sacramento region in order to meet the present and future public transportation, and mass and rapid transit, needs of the region. 2)Enables Sacramento RT to borrow funds in accordance with provisions related to securitized limited obligation notes, short-term loans, and grant anticipation notes. AB 422 Page 2 This bill: 1)Enables Sacramento RT to obtain a short-term revolving line of credit, secured by a note, for operating purposes in anticipation of receipt of any future funds available to Sacramento RT. 2)Specifies that the note related to the line of credit cannot have a maturity date of more than 60 months (five years) from the date of issuance. 3)Specifies that the maximum amount of indebtedness for this line of credit cannot exceed maximum anticipated revenues from federal operating grants that Sacramento RT anticipates receiving in the next fiscal year. 4)Requires Sacramento RT to repay the outstanding balance immediately upon receipt of federal funds, and prohibits these federal operating grant revenues from being used for any other purpose until the indebtedness is fully paid. Comments Purpose. Like many transit agencies in California, Sacramento RT receives a significant percentage of its operating budget from the Federal Transit Administration (FTA). The FTA dollars arrive on a reimbursement basis. Sacramento RT begins spending the money at the start of its fiscal year (July 1), but has to wait for congressional action on the FTA budget before it can receive the funds. In the past, this meant receiving the FTA funds within 12 months of the start of Sacramento RT's fiscal year. More recently, the receipt of funds has taken as long as 18 months. State law allows local governments to use short-term borrowing to bridge funding gaps under what is typically referred to as the temporary revenue anticipation note (TRAN) statute. Under this law, a local agency takes out a line of credit at the start of the fiscal year and must pay the note in full by the end of the same fiscal year, although in some cases the maturity date can be extended from 12 to 15 months. Sacramento RT has relied on the TRAN statute to address the cash-flow issue created by AB 422 Page 3 the FTA funding process for the last decade. According to Sacramento RT, however, banks are now hesitant to lend to Sacramento RT under TRAN because the gap between the start of Sacramento RT's fiscal year and the actual receipt of FTA funds continues to grow, and there is no guarantee that the FTA dollars will come in within the necessary 12 to 15 months to meet statutory requirements for repayment. The author states that this bill gives Sacramento RT greater flexibility to negotiate a short-term line of credit with banks that reflects the reality of its financial situation. This bill allows Sacramento RT to borrow through a revolving line of credit with a maturity date of up to 60 months from the date of issuance. This longer term credit line will enable Sacramento RT to obtain the best possible interest rate and, according to Sacramento RT, "will result in budgetary improvements and will save the district money over time." Sacramento RT claims this problem is unique to them and does not expect other transit operators to need similar authority. Concerns addressed in policy committee. Typically, it can be a sign of financial trouble when an entity begins to borrow against future revenues to pay for today's operating costs. In some ways, this practice is akin to someone utilizing payday loan establishments - one begins paying interest in order to spend expected income before it's received, diminishing the value of that income and slowly sinking into increasing levels of debt. Sacramento RT contends that this is not the case with its current situation, and it appears that Sacramento RT currently intends to responsibly use the authority this bill grants to resolve a timing issue related to federal operating grants. The prior version of this bill, however, created the opportunity for abuse of this short-term borrowing strategy and for setting an unintended precedent. To address this concern, this bill was amended in the Senate Transportation and Housing Committee to require repayment immediately upon receipt of federal funds and to limit the line of credit to anticipated federal operating grants. Prior Legislation AB 1143 (Dickinson, Chapter 537, Statutes of 2011) expanded, AB 422 Page 4 among other things, Sacramento RT's ability to engage in short-term borrowing. FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No SUPPORT: (Verified 8/11/15)Sacramento Regional Transit District (source) California Bankers Association City of Sacramento OPPOSITION: (Verified 8/11/15)None received ASSEMBLY FLOOR: 56-19, 5/7/15 AYES: Achadjian, Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez, Low, Maienschein, Mathis, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins NOES: Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Beth Gaines, Grove, Hadley, Harper, Jones, Kim, Lackey, Mayes, Melendez, Obernolte, Patterson, Wagner, Wilk NO VOTE RECORDED: Campos, Gordon, Roger Hernández, Steinorth, Waldron Prepared by:Erin Riches / T. & H. / (916) 651-4121 8/17/15 10:38:05 **** END **** AB 422 Page 5