BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1009


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          Date of Hearing:  April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1009 (Cristina Garcia) - As Introduced February 26, 2015


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          Urgency:  Yes State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:  This bill, an urgency measure, would prohibit a county  
          auditor from allocating revenues derived from specified  
          extraordinary property tax rates approved by voters to pay for  
          pension obligations (pension tax rates) to a Redevelopment  
          Property Tax Trust Fund (RPTTF), except as specified.  These  
          funds would instead be allocated to the city or county whose  








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          voters approved the tax. 


          In addition, this bill requires that any allocations of revenues  
          derived from voter-approved pension tax rates that are made by  
          county auditors before July 1, 2015, must be deemed correct and  
          not affected by the bill's provisions.  This bill also declares  
          that the Legislature is aware of pending litigation between the  
          City of San Jose and Santa Clara County, and expresses  
          legislative intent that no party in that litigation be  
          prejudiced by the passage of this act.  


          FISCAL EFFECT:


          Significant General Fund costs, likely in the range of $10  
          million annually beginning in 2015-16, due to the diversion of  
          revenues from pension tax rates from the RPTTF to the city or  
          county that imposed the pension tax rate.  Any amount of  
          property tax revenue diverted away from schools would typically  
          result in corresponding General Fund expenditures to meet the  
          minimum funding guarantees of Proposition 98.


            An estimated $40 million in pension property tax revenues was  
            deposited into RPTTFs in 2012-13 following the dissolution of  
            redevelopment agencies (RDAs).  These revenues are currently  
            distributed to local taxing entities pursuant to dissolution  
            statutes, after paying enforceable obligations of the former  
            RDA.  This bill would instead allocate revenues derived from  
            pension tax rates to the cities and counties that imposed the  
            supplemental rate, except for specific amounts pledged by the  
            former RDA to pay obligations, as determined by an oversight  
            board.  This diversion is likely to result in approximately  
            $10 million in reductions of property tax allocations to  
            schools.  










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          COMMENTS:


          1)Purpose. According to the author, "This measure addresses the  
            question of where voter approved pension tax revenues go since  
            the dissolution of RDAs.  AB 1009 would distribute these taxes  
            through the RPTTF to the cities after the pass through  
            payments, enforceable obligations of the former agency and the  
            administrative costs of the cities are paid.  AB 1009 also  
            creates a process for impacted cities to request that the  
            pension funds not be deposited directly into the RPTTF."
          2)Background. There are approximately 25 cities throughout the  
            state whose voters approved a tax for pension obligations for  
            city staff. Some pension levies were approved as early as the  
            1920s, with some cities amending and increasing their levy  
            through the late 1970s.  The levies vary by city and range  
            from 0.05 percent to 0.45 percent.  These rates are levied in  
            addition to the 1% general property tax rate.

            Under redevelopment law, redevelopment agencies created  
            project areas that captured incremental property tax growth  
            within the project areas.  For older RDAs, agencies received  
            growth in property tax revenue collected under the 1% rate, as  
            well as additional rates levied to fund debt - such as pension  
            obligations.  In 17 cities, including 12 cities in Los Angeles  
            County, the tax increment from pension obligations was going  
            to an RDA.  RDAs could then pass on to cities the portion of  
            tax increment that was intended by voters to be used for  
            pension obligations and other debts.


            Under RDA dissolution, property tax increment is no longer  
            allocated to RDAs.  Instead, a county auditor-controller  
            deposits former RDA property tax increment, including tax  
            increment attributable to pension taxes, into a trust fund.   
            Revenues deposited to the trust fund are first used to pay  
            outstanding RDA obligations.  Remaining revenues are then  
            distributed to the other local governments whose jurisdiction  
            overlaps with the former RDA based on each local government's  








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            share of the 1% property tax. As a result, some pension tax  
            revenues that RDAs previously passed on to cities are now  
            being allocated to other local governments, including schools.


          3)Litigation. The allocation of tax increment revenues  
            attributable to extraordinary property tax rates has been the  
            subject of litigation.  A Los Angeles County trial court  
            decision in favor of the City of San Fernando found that tax  
            increment revenues generated by San Fernando's extraordinary  
            property tax rate are not required to be deposited into the  
            successor agency RPTTF.  In a case that the City of San Jose  
            filed against Santa Clara County, a trial court ruled in favor  
            of the City, finding that tax increment revenues from the  
            County's extraordinary tax rate are included in the definition  
            of tax increment and should be deposited into the RPTTF to pay  
            for some of the successor agency's obligations.  The county  
            appealed the decision and the case is now pending before the  
            appellate court.  Considering the conflicting rulings on this  
            issue in the courts, the Committee may wish to consider  
            whether the Legislature should weigh in on one side of this  
            issue at this time.
          4)Prior Legislation. This bill is substantially similar to SB  
            663 (Lara), and AB 1450 (Garcia) both from 2014.  SB 663 would  
            have required, for the 2014-15 fiscal year, and each year  
            thereafter, voter-approved pension property tax revenues to be  
            allocated to the fund of the city or county whose voters  
            approved the tax, rather than the revenues being allocated to  
            the RPTTF pursuant to the RDA dissolution process.  SB 663 was  
            held in this Committee. 

            AB 1450 was broader than SB 663 in that it also specifically  
            addressed the pending litigation in the City of San Jose, and  
            also clarified that a city or county could retain tax  
            increment revenues if it gets oversight board approval. AB  
            1450 was never heard in this Committee, but was vetoed by the  
            Governor. His veto message read, in part, ? I encourage the  
            author and stakeholders to come up with a solution to this  
            issue without impacting general fund dollars.








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          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081