BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 422|
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                                   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.









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          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  








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          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,  








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          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


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