BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 29, 2015


               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT


                                   Ed Chau, Chair


          AB 1412  
          (Perea) - As Introduced February 27, 2015


          SUBJECT:  Redevelopment:  successor agencies to redevelopment  
          agencies


          SUMMARY:  Allows for an expedited repayment schedule of an  
          outstanding loan agreement entered into between a former  
          redevelopment agency (RDA) and a city or county, in specified  
          conditions.  Specifically, this bill:  


          1)Requires, upon application by the successor agency and  
            approval by the oversight board, loan agreements entered into  
            between the RDA and the city, county, or city and county that  
            created the RDA, where the outstanding principal balance of  
            the loan is $1.25 million or less, to be deemed to be  
            enforceable obligations, if the oversight board makes all of  
            the following findings:


             a)   The loan was for legitimate redevelopment purposes;


             b)   The loan was entered into more than two years after the  
               creation of the former RDA, and prior to January 1, 2011;










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             c)   The loan was related to an indebtedness obligation;


             d)   The loan is the only debt of the former RDA remaining to  
               be paid on the Recognized Obligation Payment Schedule  
               (ROPS); and,


             e)   The amount distributed to the taxing entities pursuant  
               to existing law in the previous fiscal year was less than  
               $250,000.


          2)Prohibits repayments of a loan pursuant to 1), above, from  
            being subject to the requirements of existing law that  
            specifies the calculation schedule and maximum repayment  
            amounts of a loan. 


          3)Provides that the accumulated interest rate shall be  
            recalculated from origination at the interested rate of .25  
            percent.


          EXISTING LAW: 

          1)Dissolves RDAs as of February 1, 2012 and institutes a process  
            for winding down their activities (Health and Safety Code  
            Section 34170).

          2)Allows a city or county that authorized the creation of an RDA  
            to elect to retain the housing assets and functions previously  
            performed by the RDA.

          3)Requires the entity assuming the housing functions of the  
            former RDA to submit to the Department of Finance (DOF) by  
            August 1, 2012, a list of all housing assets, as specified.

          4)Allows the entity that assumed the housing functions to  








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            designate the use of and commit indebtedness obligation  
            proceeds that remain after the satisfaction of enforceable  
            obligations that have been approved in a ROPS and that are  
            consistent with the indebtedness obligation covenants.

          5)Requires the proceeds to be derived from indebtedness  
            obligations that were issued for the purposes of affordable  
            housing prior to January 1, 2011, and were backed by the Low-  
            and Moderate-Income Housing Fund (Health and Safety Code  
            Section 34176).

          6)Allows the successor agency, upon receiving the finding of  
            completion, to:

             a)   Retain dissolved redevelopment agency assets;

             b)   Place loan agreements between the former redevelopment  
               agency and sponsoring entity on the ROPS, as an enforceable  
               obligation, provided the oversight board makes a finding  
               that the loan was for legitimate redevelopment purposes;  
               and,

             c)   Utilize proceeds derived from bonds issued prior to  
               January 1, 2011, in a manner consistent with the original  
               bond covenants.

          7)Provides that if the oversight board finds that the loan is an  
            enforceable obligation, that the accumulated interest on the  
            remaining principal amount of the loan shall be recalculated  
            from the origination at the interest rate earned by funds  
            deposited into the Local Agency Investment Fund (LAIF), and  
            requires the loan to be repaid to the city, county, or city  
            and county in accordance with a defined schedule over a  
            reasonable term of years at an interest rate not to exceed the  
            interest rate earned by funds deposited into the LAIF.

          8)Requires annual loan repayments provided for in the ROPS to be  
            subject to all the following limitations:









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             a)   Loan repayments shall not be made prior to the 2013-14  
               fiscal year.  Beginning in the 2013-14 fiscal year, the  
               maximum repayment amount authorized each fiscal year for  
               repayments made and paragraph (7) of subdivision (e) of  
               Section 34176 combined shall be equal to one-half of the  
               increase between the amount distributed to the taxing  
               entities pursuant to paragraph (4) of subdivision (a) of  
               Section 34183 in that fiscal year and the amount  
               distributed to taxing entities pursuant to that paragraph  
               in the 2012-13 base year, provided, however, that  
               calculation of the amount distributed to taxing entities  
               during the 2012-13 base year shall not include any amounts  
               distributed to taxing entities pursuant to the due  
               diligence review process.  Loan or deferral repayments  
               shall be second in priority to amounts to be repaid  
               pursuant to paragraph (7) of subdivision (e) of Section  
               34176;

             b)   Repayments received by the city, county, or city and  
               county that formed the RDA shall first be used to retire  
               any outstanding amounts borrowed and owed to the Low- and  
               Moderate-Income Housing Fund of the former RDA for purposes  
               of the Supplemental Educational Revenue Augmentation Fund  
               (SERAF) and shall be distributed to the Low- and  
               Moderate-Income Housing Fund; and,

             c)   Twenty percent of any loan repayment shall be deducted  
               from the loan repayment amount and shall be transferred to  
               the Low- and Moderate-Income Housing Asset Fund, after all  
               outstanding loans from the Low- and Moderate-Income Housing  
               Fund for purposes of the SERAF have been paid.

              (Health and Safety Code Section 34191.4)

          9)Requires, after DOF issues a finding of completion, the  
            successor agency to prepare a long-range property management  
            plan that addresses the disposition and use of the real  
            properties of the former redevelopment agency, and requires  
            the report to be submitted to the oversight board and DOF for  








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            approval no later than six months following the issuance to  
            the successor agency of the finding of completion (Health and  
            Safety Code Section 34191.5).



          FISCAL EFFECT:  Unknown.


          COMMENTS:  


           Background:  In 2011, the Legislature approved and the Governor  
          signed two measures, ABX1 26 and ABX1 27 that together dissolved  
          redevelopment agencies as they existed at the time and created a  
          voluntary redevelopment program on a smaller scale.  In  
          response, the California Redevelopment Association (CRA), League  
          of California Cities, along with other parties, filed suit  
          challenging the two measures. The Supreme Court denied the  
          petition for peremptory writ of mandate with respect to ABX1 26.  
          However, the Court did grant CRA's petition with respect to ABX1  
          27.   As a result, all RDAs were required to dissolve as of  
          February 1, 2012.     


           When RDAs were dissolved, successor agencies were established to  
          wind up the RDAs' obligations.  Successor agencies were required  
          to effectuate the transfer of an RDA's housing functions and  
          assets to a "housing successor."  Cities and counties were given  
          the option of acting as housing successors and taking over the  
          housing assets of their jurisdiction's RDA.  If they did not  
          wish to take on this role, the local housing authority was  
          required to act as housing successor.  A housing successor is  
          authorized to designate the use of and commit indebtedness  
          obligation proceeds that remain after the satisfaction of  
          enforceable obligations that have been approved in a ROPS and  
          that are consistent with the indebtedness obligation covenants.










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           Affordable housing:   Prior to their dissolution, redevelopment  
          generated up to $1 billion a year for affordable housing in the  
          state.  Redevelopment agencies were required to set- a-side 20%  
          of tax increment generated in a project area to increase,  
          improve, or rehabilitate affordable housing for low, very-low,  
          and moderate income families and individuals.  Existing law  
          requires twenty percent of any loan repayment provided for in  
          the ROPS to be deducted from the loan repayment amount and  
          transferred to the Low- and Moderate-Income Housing Asset Fund,  
          after all outstanding loans from the Low- and Moderate-Income  
          Housing Fund, for purposes of the SERAF, have been paid.


           Purpose of this bill:   According to the author, "the City of San  
          Joaquin has sponsored AB 1412 because it has a $1 million loan  
          that cannot be repaid until 2050 under existing law.  AB 1412  
          would allow the loan to be repaid by 2022 (estimated).  The  
          City's annual General Fund budget is less than $1 million, so  
          additional revenues are greatly needed to fund services for its  
          citizens, who have higher rates of poverty and unemployment  
          compared to the rest of the State.  


           Eligible sponsoring entity loans will be repaid faster without a  
          maximum annual loan repayment amount, enabling successor  
          agencies to be terminated earlier.  Tax revenues will no longer  
          be needed to fund the administrative activities of the successor  
          agency, and instead will be distributed to affected taxing  
          entities that provide services to the community, such as schools  
          and local government agencies." 


          The sponsor of the bill, the City of San Joaquin, argues that  
          the bill "is important to the City and a win-win for all as  
          payment acceleration of the loan repayment schedule will bring  
          greater cash flow more quickly to both the City and the affected  
          taxing entities?with a General Fund of less than $1 million, any  
          added revenue to the City is heartily welcome?this legislation  
          will help complete the wind-down process regarding the former  








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          RDA."


           Loan agreement and repayment under existing RDA dissolution law:   
           The City of San Joaquin and the RDA entered into a loan  
          agreement, dated February 11, 2010, whereby the City and the RDA  
          recognized that the RDA had borrowed funds from the City for RDA  
          programs and operations.  The outstanding principal amount owed  
          to the City under the loan agreement, as of February 1, 2012,  
          (the date of dissolution of the former RDA), was $1,028,723.   
          This loan agreement formalized loans made by the City to the RDA  
          since 1998 to fund redevelopment programs and operations.  In  
          part, the loan helped the RDA pay off debts after bonds issued  
          in 1997 went into default.


          In a subsequent ratification and amendment to the loan agreement  
          dated February 11, 2014, the parties to the agreement mutually  
          agreed as follows:  (1) The parties acknowledged and agreed that  
          the loan was for legitimate redevelopment purposes; (2) the  
          parties agree that the conditions precedent in the Dissolution  
          Act for repayment of the loan have been met and that the loan  
          agreement shall be deemed to be an "enforceable obligation";  
          and, (3) the parties acknowledged and agreed that the repayment  
          of amounts owing to the City under the loan agreement shall be  
          subject to the limitations and restrictions set forth in Health  
          and Safety Code 34191.4 (b) [specifies provisions that apply to  
          a successor agency that has been issued a finding of completion  
          by DOF and the process for repayment of loan agreements].


          The Successor Agency was issued a finding of completion by DOF  
          on March 8, 2013.   On April 24, 2013, the Successor Agency  
          applied for and the Oversight Board approved the loan agreement,  
          and made a finding that the loan of funds to the RDA under the  
          loan agreement was for legitimate purposes.  The loan agreement  
          was subsequently approved by DOF on January 28, 2015.  The  
          approved terms of the loan agreement allow for the payment of  
          $1,028,723 bearing an interest rate of 0.249% as determined by  








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          the current LAIF rate.  


          Under existing law, the loan is estimated by the City to not be  
          fully repaid until the year 2050.  If the provisions of AB 1412  
          took effect, the City estimates that the loan will be repaid by  
          fiscal year 2021-22.  


          The City notes that the Successor Agency sent a letter to and  
          met with DOF requesting that they consider allowing the  
          Successor Agency to make payments on the outstanding loan in  
          excess of the maximum annual amounts set by the formula in  
          existing law.  However, DOF denied the Successor Agency's  
          request, stating that they do not have the authority to allow  
          for any other repayment amount outside of what is defined in the  
          statute.


           Accelerated loan repayment:   This bill would allow a qualifying  
          loan between a former RDA and its sponsoring city or county to  
          be recognized as an enforceable obligation and accelerate  
          repayment of that loan.  In order to qualify, the outstanding  
          balance of the loan must be $1.25 million or less and the  
          oversight board must approve the application and make all of the  
          following findings:  (1) The loan was for legitimate  
          redevelopment purposes; (2) the loan was entered into more than  
          two years after the creation of the former RDA, and prior to  
          January 1, 2011; (3) the loan was related to a indebtedness  
          obligation; (4) the loan is the only debt of the former RDA  
          remaining to be paid on the ROPS; and, (5) the amount  
          distributed to the taxing entities in the previous fiscal year  
          was less than $250,000.    


           The bill exempts repayment of the loan from portions of existing  
          law related to the maximum annual loan repayment amount based on  
          growth in the Redevelopment Property Tax Trust Fund revenues,  
          and the requirement that 20% of any loan repayment shall be  








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          deducted from the loan repayment amount and transferred to a  
          Low- and Moderate-Income Housing Asset Fund.  The bill specifies  
          that the accumulated interest rate shall be recalculated from  
          origination at the interest rate of .25%.


           Staff comment:   AB 1412 would, during the term of the proposed  
          accelerated repayment plan, prioritize the repayment of the City  
          of San Joaquin's loan ahead of payments to other taxing entities  
          such as the county and school districts.  Under existing law,  
          the loan would not enter repayment until 2025, and would be paid  
          off by 2050.  Under AB 1412, it would enter repayment in 2016  
          and would be paid off by approximately 2022.  Accelerating the  
          loan repayment will result in a temporary reduction in property  
          tax going to the other taxing agencies, including schools,  
          during the time of the loan repayment.  However, according to  
          the author, accelerated repayment will eventually increase funds  
          disbursed to affected taxing entities by about $5.2 million,  
          primarily from not having to pay over two decades' worth of  
          administrative costs for the successor agency (as it is required  
          to terminate its existence within one year of the final debt  
          payment), as well as from accumulating less interest on the  
          loan.  


           AB 1484 (Committee on Budget), Chapter 26, Statutes of 2012,  
          addressed numerous issues related to the dissolution of RDAs.   
          Among other things, it clarified certain matters associated with  
          the dissolution of RDAs and addressed substantive issues related  
          to administrative processes, affordable housing activities, use  
          of existing bond proceeds, and the disposition or retention of  
          former RDA assets.   It also placed loan agreements between the  
          former RDA and the sponsoring entity on the ROPS as an  
          enforceable obligation, and specified repayment terms, including  
          that 20% of the loan repayment amount be transferred to the Low-  
          and Moderate-Income Housing Asset Fund.  











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          This bill also creates an exemption for the City of San Joaquin  
          from the requirement that 20% of any loan repayment be deducted  
          from the loan repayment amount and transferred to the Low- and  
          Moderate-Income Housing Asset Fund.  As applied to the City,  
          this would be approximately $215,000 that would go to the City's  
          General Fund, as opposed to the Low- and Moderate-Income Housing  
          Asset Fund.  


          Affordable housing lost significant funding after RDA  
          dissolution, and the 20% transfer ensures that at least some  
          housing asset funds are used for their intended purpose.  The  
          City states that the amount of taxing entity savings will be  
          minimally impacted if the bill is amended to require 20% of the  
          loan repayment amount to be deposited into the Low- and  
          Moderate-Income Housing Asset Fund.   The Committee may wish to  
          consider whether it is appropriate to exempt the City of San  
          Joaquin from this requirement.





           Committee amendments:   The Committee may wish to accept the  
          following amendments:


          1.   An amendment narrowing the bill to only apply to the City  
          of San Joaquin.


          2.  An amendment providing that the City of San Joaquin is not  
          exempt from provisions in existing law that require 20% of any  
          loan repayment to be deducted from the loan repayment amount and  
          transferred to the Low and Moderate Income Housing Asset Fund,  
          after all outstanding loans from the Low and Moderate Income  
          Housing Fund for purposes of the Supplemental Educational  








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          Revenue Augmentation Fund have been paid.


           


            Double-referral  :  This bill was double-referred to the Assembly  
          Local Government Committee, where it passed 9-0 on April 15,  
          2015.  


           


          REGISTERED SUPPORT / OPPOSITION:




          Support


          City of San Joaquin (Sponsor)




          Opposition


          None on file




          Analysis Prepared by:Rebecca Rabovsky / H. & C.D. / (916)  
          319-2085










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