BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 974| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 974 Author: Bloom (D) Amended: 3/26/15 in Assembly Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 8-2, 7/7/15 AYES: Beall, Cannella, Allen, Galgiani, McGuire, Mendoza, Roth, Wieckowski NOES: Gaines, Leyva NO VOTE RECORDED: Bates SENATE GOVERNANCE & FIN. COMMITTEE: 4-1, 7/15/15 AYES: Hertzberg, Beall, Lara, Pavley NOES: Moorlach NO VOTE RECORDED: Nguyen, Hernandez SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Bates, Nielsen ASSEMBLY FLOOR: 46-29, 6/2/15 - See last page for vote SUBJECT: Redevelopment dissolution: housing projects: bond proceeds SOURCE: Author DIGEST: This bill allows both successor agencies and housing successors to commit remaining proceeds from non-housing and housing redevelopment bonds, respectively, issued between January 1, 2011, and June 28, 2011, provided that the remaining AB 974 Page 2 proceeds are approved by the oversight board and used for projects that meet specific criteria. ANALYSIS: Existing law: 1)Eliminates redevelopment agencies (RDAs) and establishes procedures for winding down the agencies, paying off enforceable obligations, and disposing of agency assets. 2)Establishes successor agencies, typically the city that established the RDA, to take control of all RDA assets, properties, and other items of value. Successor agencies are to dispose of an agency's assets as directed by an oversight board, made up of representatives of local taxing entities, with the proceeds transferred to the county auditor-controller for distribution to taxing agencies within each county. This bill: 1)Allows both successor agencies and housing successors to commit remaining proceeds from non-housing and housing redevelopment bonds, respectively, issued between January 1, 2011, and June 28, 2011, provided that the remaining proceeds are approved by the oversight board and used for projects that meet all of the following criteria: a) The project must be consistent with a region's sustainable communities strategy or equivalent planning strategy designed to reduce greenhouse gas emissions. b) Two or more significant planning actions, as defined, occurred on or before December 31, 2010, related to the project. c) Documentation dated on or before December 31, 2010, is provided indicating the intention to finance all or a portion of the project with the future issuance of long-term debt. d) Any construction contract over $100,000 must include a provision ensuring prevailing wage is paid by the AB 974 Page 3 contractor and all subcontractors. e) Any construction contract over $250,000 must require prospective contractors to establish their financial ability and experience in performing large construction contracts. 1)Authorizes a housing successor to reimburse with the bond proceeds issued in 2011 a city or county that funded an eligible project with other funds as long as the project meets the purpose for which the bonds were issued. 2)Requires bonds to be refinanced as soon as possible to reduce the debt service costs by lowering interest rates. Background Historically, the Community Redevelopment Law allowed a local government to establish a redevelopment area and capture all of the increase in property taxes generated within the area (referred to as "tax increment") over a period of decades. The law requires redevelopment agencies to deposit 20% of tax increment into a Low and Moderate Income Housing Fund (L&M Fund) to be used to increase, improve, and preserve the community's supply of low- and moderate-income housing available at an affordable housing cost. In 2011, the Legislature enacted two bills, ABX1 26 (Blumenfield) and ABX1 27 (Blumenfield), Chapters 5 and 6, respectively, of the First Extraordinary Session. ABX1 26 eliminated RDAs and established procedures for winding down the agencies, paying off enforceable obligations, and disposing of agency assets. ABX1 26 established successor agencies, typically the city that established the agency, to take control of all RDA assets, properties, and other items of value. Successor agencies are to dispose of an RDA's assets as directed by an oversight board, made up of representatives of local taxing entities, with the proceeds transferred to the county auditor-controller for distribution to taxing agencies within each county. ABX1 26 also included provisions allowing the host city or county of a dissolving RDA to retain the housing assets and functions previously performed by the agency, except for funds on deposit in the agency's L&M Fund, and thus become a housing AB 974 Page 4 successor. If the host city or county chooses not to become the housing successor, a local housing authority or the California Department of Housing and Community Development takes on that responsibility. ABX1 27 allowed RDAs to avoid elimination if they made payments to schools in the current budget year and in future years. In December 2011, the California Supreme Court in California Redevelopment Association v. Matosantos upheld ABX1 26 and overturned ABX1 27. As a result, all of the state's roughly 400 RDAs dissolved on February 1, 2012, and successor agencies began implementing ABX1 26's provisions to distribute former redevelopment assets and pay the remaining obligations. Subsequent legislation, AB 1484 (Assembly Budget Committee, Chapter 26, Statues of 2012), allowed a successor agency to expend remaining proceeds from non-housing redevelopment bonds issued before January 1, 2011, for the purposes for which the bonds were sold or to defease the bonds. AB 1484 also allowed a housing successor to commit remaining proceeds of bonds backed by the L&M Fund and issued for the purposes of affordable housing prior to January 1, 2011. Comments Defeasance vs. spending. The core issue presented by this bill is whether remaining bond proceeds should be spent or repaid as soon as possible. While many bonds cannot be repaid for 10 years, spending the money means that the bonds will not be repaid for up to 30 years, which of course entails significant additional interest. All these costs are funded through local tax increment, meaning that expending tax revenues on these projects reduces the amount of revenues available for other local governmental entities. Spending bond proceeds instead of repaying the bondholders will result in the completion of additional projects, many of which are likely to be beneficial to the community, if not the state, but this comes with an opportunity cost. Cities, counties, special districts, and the state by way of the school funding backfill will have fewer resources to spend on other needs or priorities. Prior Legislation This bill is very similar to AB 2493 (Bloom) of 2014, which AB 974 Page 5 would have allowed successor agencies to use proceeds derived from bonds issued between January 1, 2011, and June 28, 2011, if the project was consistent with a sustainable communities strategy or reduced greenhouse gas emissions. AB 2493 was vetoed by Governor Brown, with the following veto message: "I applaud the author's efforts to craft legislation to target specific projects for funding from 2011 bond proceeds. Funding for this measure, however, would come at the expense of lost property tax dollars to cities and counties that chose not to incur debt during this period, as well as special districts and schools. The cost to the general fund to backfill schools could be significant, to the tune of $500 million, at a time when the state is still recovering from deep recession. "I recognize that the cost to local governments to defease these high interest rate bonds is significant. Therefore, I am directing DOF [the California Department of Finance] to develop a plan to address the outstanding bond debt of these agencies." To address the governor's concern expressed in his veto message, the author has included in this bill a requirement that successor agencies refinance their 2011 bonds. The author argues that this requirement reduces some of the future fiscal impacts to the state and other taxing entities. It seems likely agencies would do this anyway; however, it is unclear how this change will adequately address the Governor's concerns. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, this bill will likely incur significant General Fund impacts, potentially tens of millions of dollars in some years, most of which would occur beginning in 2021 and through 2041, as a result of the bill allowing for continued debt repayment on bonds issued in 2011 from tax increment that would otherwise be redistributed to taxing entities if the bonds were defeased. The amount of continued debt service payments from tax increment revenues would escalate to a peak of $99 million in 2026 and decline to approximately $42 million in 2041 (the typical 30-year term of most affected bonds), preventing a like amount from being distributed to local agencies that receive a portion AB 974 Page 6 of the property tax, including schools. Since the General Fund must backfill any amounts that would otherwise go to schools under Proposition 98's minimum funding guarantees, this bill would result in future General Fund impacts that could reach the tens of millions of dollars, reaching a peak in 2026 and declining thereafter. (This does not account for any potential economic benefits resulting from allowing the completion of projects funded by the 2011 bonds.) SUPPORT: (Verified8/28/15) City of Santa Monica City of West Hollywood OPPOSITION: (Verified8/28/15) California Professional Firefighters California Special Districts Association California State Association of Counties County of Los Angeles County of Santa Clara Urban Counties Caucus ARGUMENT IN SUPPORT: According to the author, it is estimated that approximately $750 million in 2011 RDA bond proceeds are currently sitting idle and cannot be used. If these proceeds were spent on their intended projects, it is estimated that 19,000 high-wage construction and related jobs would be generated. The state has asserted that the vast majority of the 2011 RDA bonds must be defeased and their proceeds not spent on projects; however, over 90% of these bonds cannot be defeased for 10 years. During this 10-year period, nearly $1 billion will be spent on the debt service payments for these bonds, and the bond proceeds will continue to go unused. The vast majority of these bonds were issued for public works projects such as infrastructure construction and repair, new public facilities, and affordable housing. Further, the author argues that bondholders who purchased tax-exempt bonds for specific public works projects (approximately 70% of the bonds in question) were promised tax-free returns. Per federal tax law, tax-exempt bond AB 974 Page 7 proceeds must be used for their intended purpose, or the bonds could be subject to losing their tax-exempt status. ARGUMENT IN OPPOSITION: Opponents argue that allowing successor agencies to use proceeds from bonds issued after the Governor announced his proposal to dissolve RDAs improperly rewards agencies that deliberately acted to circumvent the dissolution process, often by rushing to sell bonds at above-market interest rates. $750 million in bond proceeds is at stake, but the ultimate cost to schools, counties, cities, and special districts is $2 billion when the additional interest payments are included. Opponents prefer to see the bond proceeds used to retire redevelopment debt so that tax increment is more quickly available to all taxing entities, including schools, which otherwise the state's General Fund must support. In other words, this bill requires the whole state to pay for these 39 "Mardi Gras" agencies. ASSEMBLY FLOOR: 46-29, 6/2/15 AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Roger Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Dahle, Beth Gaines, Gallagher, Gray, Grove, Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Chávez, Frazier, Gonzalez, Gordon, Rodriguez Prepared by:Eric Thronson / T. & H. / (916) 651-4121 8/31/15 17:35:41 **** END **** AB 974 Page 8