BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 882                           |Hearing    |7/8/15   |
          |          |                                 |Date:      |         |
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          |Author:   |Wilk                             |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |6/25/15                          |Fiscal:    |No       |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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                SCHOOL BONDS:  TERM OF BONDS:  FURNISHING AND EQUIPPING  
                                     CLASSROOMS



          Require all school district bond issues that finance furniture  
          and equipment to have a weighted average maturity that doesn't  
          exceed 120% of the average reasonably expected economic life of  
          the financed project.


           Background and Existing Law

           When public agencies issue bonds, they essentially borrow money  
          from investors, who provide cash in exchange for the agencies'  
          commitment to repay the principal amount of the bond plus  
          interest in the future.  The California Constitution requires  
          counties, cities, and school districts to get voter approval for  
          long-term debt (Section 1, Article XIIIA).  Counties, cities,  
          school districts, community college districts, and some special  
          districts can issue general obligation (GO) bonds, secured by ad  
          valorem, or according to value, property tax revenues with  
          2/3-voter approval.  Proposition 39 (2000)  allows school  
          districts and school facility improvement districts to issue GO  
          bonds to build, rehabilitate, or replace schools with 55% voter  
          approval subject to certain conditions, including tax limits.

          For many years, the Education Code provided the sole avenue for  
          school and community college districts to sell GO Bonds, which  
          limited the number of years a community college or school  







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          district could issue a bond to 25 years, with a maximum interest  
          rate of 8%.  In 1993, the Legislature added sections to the  
          Government Code to allow cities, counties, cities and counties,  
          special districts, and school and community college districts to  
          issue 40-year bonds.  However, in 2013, the Legislature  
          responded to school districts selling capital appreciation bonds  
          with debt to principal ratios of 10 to 1 or worse, by limiting  
          maximum bond terms that allow for capitalization of interest to  
          25 years along with other reforms, such as an interest rate cap,  
          maximum debt to principal ratio, and call option requirement (AB  
          183, Buchanan, 2013).  That measure also required bonds school  
          districts issue under the Government Code with maturities longer  
          than 30 years to make a finding that the useful life of the  
          facility financed with the bonds equals or exceeds the maturity  
          date of those bonds.

          Under Proposition 39, bond proceeds may be spent on "the  
          construction, reconstruction, rehabilitation, or replacement of  
          school facilities, including the furnishing and equipping of  
          school facilities, or the acquisition or lease of real property  
          for school facilities," so many school districts have issued  
          bonds for furnishing classrooms and purchasing technology to  
          help students learn in addition to school facilities, instead of  
          paying for these items out of general revenues.  Legislative  
          Counsel has since opined that while portable electronic devices  
          such as iPads were not in existence when Proposition 39 was  
          passed, they are evolved from desktop computers and as such, a  
          court would construe Proposition 39 to authorize the purchase of  
          portable electronic devices, as long as they were intended for  
          use in a manner closely connected to classroom instruction at a  
          school facility. 

          The Code of Federal Regulations requires the bonds to have a  
          weighted average maturity of less than 120% percent of the  
          average reasonably expected economic life of the facilities  
          being financed with bond proceeds to remain tax exempt, so  
          school districts often issue bonds with different maturities for  
          furnishing or equipment, called serial bonds.  Shorter-term  
          bonds are more appropriate for acquiring technology or other  
          relatively short-lived capital improvement projects, and align  
          the costs of furniture or technology with the current generation  
          of users to pay for the system.  These "Ed-Tech Bonds" are a  
          series of short-term bond financings repaid in approximately  
          three-year increments, matching each borrowing to the useful  








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          life of the equipment.  School districts can also "blend" the  
          useful life of all financed assets into one issue to meet the  
          rule.   


           Proposed Law

           Assembly Bill 882 amends both the Education and Government  
          Codes, to require all school bond issuance that include  
          furnishing and equipping schools to have a weighted average  
          maturity that doesn't exceed 120% of the average reasonably  
          expected economic life of the financed project.


           State Revenue Impact

           No estimate.


           Comments

           1.   Purpose of the bill  .  According to the author, "In November  
          of 2000, voters passed Proposition 39, a Constitutional  
          Amendment which, among others, gives school districts and  
          community colleges the opportunity to seek approval of a local  
          General Obligation bond based on a 55% vote. On top of using  
          bond funds for the construction and modernization of schools,  
          local educational agencies use bond funds to furnish and equip  
          school facilities, including furniture such as desks as well as  
          desktop computers and other forms of technology.  AB 882 would  
          specify the term of a bond used for the purposes of furnishing  
          and equipping a classroom, including electronic equipment, shall  
          not exceed 120% of the bond maturity of the average reasonably  
          expected economic life. My bill is consistent with federal tax  
          rules to ensure that taxpayers are not paying long term bonds  
          for items that have a shorter lifespan, and will reduce costs  
          for these purchases.  According to a Legislative Counsel  
          opinion, portable electronic equipment such as ipads or tablets,  
          are a type of equipment that is allowable under Proposition 39.  
          This bill is consistent with the provisions in Proposition 39  
          and does not prohibit the use of Prop 39 bond proceeds to  
          purchase technology. I am a huge proponent of equipping students  
          with technology in the classroom, especially given our new  
          common core standards.  If we don't empower our students with  








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          modern technology, we are putting our students at a disadvantage  
          to provide them the opportunity to develop 21st century skills.  
          AB 882 will protect taxpayer dollars by ensuring Prop 39 bond  
          funds are paid off based on the life expectancy of the items  
          being purchased. Finally, it is my hope this measure can be used  
          as a platform to encourage further technology in the classroom  
          and as a state, find ways to provide technology to those rural  
          and disadvantaged communities."

          2.   Necessary  ?  AB 882 responds to the practice of school  
          districts using bonds to finance personal electronic devices for  
          education purposes; however, the measure only restates current  
          requirements in federal regulations that school districts must  
          comply with or risk having the Internal Revenue Service (IRS)  
          revoke the tax-exempt status of its bonds.  While inserting the  
          requirement in state law places the responsibility on school  
          districts to ensure compliance themselves, instead of waiting  
          for the IRS, what's the necessity or value of doing so?   
          Inserting additional, duplicative language may make bond  
          issuance more complicated and costly for school districts  
          seeking clean opinions from bond counsel.  Districts can't  
          always identify with certainty the exact projects that may be  
          funded at issuance, and AB 882 could result in districts having  
          to issue a different set of bonds should a project financed by a  
          first set be delayed.  Opponents of bond issues could also use  
          AB 882's standard to challenge the validity of the school  
          district's bonds because of differences measuring economic life,  
          resulting in disputes and additional litigation.  Additionally,  
          the state standard would bind school districts if federal  
          regulations change.  The Committee may wish to consider whether  
          AB 882 is necessary.  

           3.   Incoming  !  The Senate Committee on Education approved AB 882  
          on an 8-0 vote.  The Committee on Governance and Finance is  
          hearing the measure as the committee of second referral.


           


          Assembly Actions

           Senate Education                     8 - 0









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          Assembly Floor                     79 - 0
          Assembly Education                    7 - 0

           Support and  
          Opposition   


          Support  :  Unknown


           Opposition  :  Coalition for Adequate School Housing, Community  
          College Facility Coalition, San Diego Unified School District.



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