BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2140


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          ASSEMBLY THIRD READING


          AB  
          2140 (Roger Hernández, et al.)


          As Amended  May 31, 2016


          2/3 vote.  Tax levy


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Housing         |7-0  |Chiu, Steinorth,      |                    |
          |                |     |Burke, Chau, Beth     |                    |
          |                |     |Gaines, Lopez, Mullin |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Revenue &       |9-0  |Ridley-Thomas,        |                    |
          |Taxation        |     |Brough, Dababneh,     |                    |
          |                |     |Gipson, Mullin,       |                    |
          |                |     |O'Donnell, Patterson, |                    |
          |                |     |Quirk, Wagner         |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |16-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Daly, Eggman,         |                    |
          |                |     |Gallagher,            |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |








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          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Holden, Quirk,        |                    |
          |                |     |Santiago, Weber, Wood |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Makes changes to the farmworker housing tax credit  
          set-aside within the Low Income Housing Tax Credit (LIHTC)  
          Program.  Specifically, this bill:      


          1)Redefines "farmworker housing" as housing in which at least  
            50% of the units are available to and occupied by farmworkers,  
            instead of 100%. 
          2)Allows farmworker housing developments that receive 4% federal  
            LIHTCs that are in qualified census tracts (QCT) or designated  
            development areas (DDA) to receive state LIHTCs. 


          3)Makes qualified farmworker housing developments eligible for  
            state LIHTC of 75% of the qualified basis of the building over  
            four years.    


          4)Takes effect immediately as a tax levy.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)No additional loss in state revenues would occur as a result  
            of this bill.  While the farmworker housing credit program has  
            been underutilized, this has not meant these dollars return to  
            the General Fund.  Instead, those unused dollars are rolled  








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            forward for future use.  This bill attempts to increase  
            utilization of the credit, but no additional dollars are  
            provided to the program. 


          2)Minor and absorbable administrative costs to Tax Credit  
            Allocation Committee (TCAC) to review additional number of  
            potential projects and to update application documents. 


          





          COMMENTS:  


          Background: 


          In 1986, the federal government authorized the LIHTC program to  
          enable affordable housing developers to raise private capital  
          through the sale of tax benefits to investors.  The federal  
          program offers 9% and 4% credits on the approximate percentage  
          of a project's "qualified basis" a taxpayer who purchases  
          credits from a developer  may deduct from their annual federal  
          tax liability in each of ten years.  TCAC administers the  
          program and awards credits to qualified developers who can then  
          sell those credits to private investors who use the credits to  
          reduce their federal tax liability.  The developer in turn  
          invests the capital into the affordable housing project. 


          In 1987, the legislature authorized a state LIHTC program to  
          augment the federal tax credit program.  State tax credits can  
          only be awarded to projects that also receive federal LIHTCs,  
          except for farmworker housing projects, which can receive state  








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          credits without federal credits.  Investors claim the state  
          credit over four years.  Projects that receive either state or  
          federal tax credits are required to keep the housing at  
          affordable levels for 55 years.  Both the federal and state tax  
          credits are capped, which limits the amount of credit that TCAC  
          can award each year.  Each state receives an annual ceiling of  
          federal credits.  In 2015 it was $2.30 per capita, which worked  
          out to $94 million in credits in California that can be taken by  
          investors each year for 10 years.  Federal 9 % LIHTCs are  
          oversubscribed by a 3:1 ratio. 


          Federal law requires TCAC to conduct a feasibility study on  
          every project to ensure that the amount of tax credits allocated  
          do not exceed the amount required to make the project feasible.   
          To calculate the amount of tax credits a project may receive,  
          TCAC determines the total project cost.  Next, it determines the  
          "eligible basis" by subtracting the non-depreciable costs, such  
          as land, permanent financing costs, rent reserves, and marketing  
          costs.  However, the eligible basis is reduced by the applicable  
          percentage, a measure of the amount of affordable units of floor  
          space in the project as a share of the entire project.  For  
          example, a project with $5 million in total development costs  
          but $1 million in land acquisition costs has a $4 million basis.  
           If half of the units will be affordable, the total basis is $2  
          million, which is multiplied by 9% to determine the annual  
          amount of the credit of $180,000, for a ten-year value of $1.8  
          million.  


          In 1996, the Legislature created the Farmworker Housing  
          Assistance Tax Credit Program and set aside $500,000 a year from  
          the LIHTC allocation for farmworker housing projects.  In an  
          effort to streamline administration and make the farmworker  
          program more user-friendly, SB 1247 (Lowenthal), Chapter 521,  
          Statues of 2008, eliminated the Farmworker Housing Assistance  
          Tax Credit Program as a separate program and consolidated it  
          into the state LIHTC program as a farmworker set-aside.  The  
          amount of funding dedicated to farmworker housing remained the  








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          same.  The amount of the credit accrues over time and there is  
          $5,047,118 available.


          Purpose of the bill:  According to the author, "AB 2140 makes  
          improvements to the farmworker housing assistance tax credit  
          program to better facilitate its use of this financing tool.   
          Over the years, the State Treasurer's Office has made changes to  
          improve the broader housing tax credit program, however, the  
          farmworker tax credit has not benefited from some of those  
          policy changes.  In fact, given the fiscal and policy  
          constraints of the existing farmworker housing tax credit, no  
          project since 2008 had been awarded tax credits until last year.  
           The underinvestment in farmworker housing has created hardships  
          for this labor force and their families.  This bill seeks to  
          bolster the legislative intent behind the farmworker housing  
          assistance tax credit program and improve the efficacy and  
          flexibility of this financial resource for developers of  
          farmworker housing. "


          Changes proposed to the farmworker housing tax credit program: 


          This bill changes several components of the LIHTC program  
          set-aside for farmworker housing developments in an effort to  
          make the projects more feasible and increase the supply of  
          farmworker housing. 


            Occupancy requirements:  To qualify for LIHTCs, occupancy in  
            farmworkers developments must be limited to farmworkers and  
            their families, except that TCAC can allow owners to  
            temporarily house non-farmworkers in vacant units during a  
            disaster.  This bill would reduce the occupancy requirement  
            from 100% farmworkers and their families to 50%.  In some  
            cases, a tenant in a farmworker housing development may begin  
            their tenancy employed as a farmworker but change employment  
            while living in the development.  The change in employment can  








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            jeopardize their tenancy in the project.  Reducing the  
            occupancy to 50% will provide great flexibility to developers  
            in responding to this and other types of challenges. 


            Increased access to state credits:  This bill also seeks to  
            increase the amount of credits that farmworker tax credit  
            projects can receive in order to make the credits more  
            valuable and to allow greater leveraging of other bonding  
            authority.  Federal LIHTC can be used anywhere in the state,  
            but projects are given an additional 30% boost on their  
            eligible basis if the project is located in a DDA or a QCT.   
            Because these areas by definition have a higher-poverty level  
            and there is a higher concentration of extremely low-income or  
            homeless individuals and families, housing needs deeper  
            subsidy to make it affordable.  Existing state law does not  
            allow state tax credits to be awarded in DDAs and QCTs with  
            one exception: housing developments where 50% of the units are  
            for special needs populations.  The rationale for this  
            prohibition is projects in these areas can qualify for more  
            federal tax credits and therefore are already advantaged. 


            This bill would allow state tax credits to be awarded to  
            farmworker housing projects without regard to DDA or QCT  
            status with the main purpose of making the state credits more  
            valuable and providing enough state tax credits to match the  
            value of a 9% federal tax credit.  Allowing state credits to  
            be used for farmworker projects in DDAs and QCTs would  
            increase the equity projects could generate from tax credits  
            because the projects can already qualify for more federal tax  
            credits than projects outside of a DDA or a QCT.  As an  
            example, if a project qualifies for $10 million in eligible  
            basis in a DDA or QCT, the project could get up to 130% of  
            that basis in federal tax credits, which means the project  
            sponsor would have $13 million in federal credits to sell to  
            an investor.  This bill would allow that project to get an  
            additional 30% in state tax credits against the $10 million in  
            eligible basis, which would create an additional $3 million in  








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            state tax credits. 


            The amount of federal 9% credits available each year are  
            capped, however 4% federal credits are unlimited.  The value  
            of the 4% tax credits are less than half of the 9% tax credits  
            and, as a result, 4% federal credits are generally used in  
            conjunction with another funding source like state housing  
            bonds or local funding sources.  In addition, federal 9%  
            credits are oversubscribed where as 4% federal credits are  
            less highly subscribed.  This bill would encourage developers  
            constructing farmworker housing to apply for 4% federal  
            credits by increasing the value of the state credits that  
            would accompany those credits.  Developers that receive 4%  
            federal credits would receive state credits that would be  
            worth 75% of a project's eligible basis over four years.   
            Under existing law, state LIHTC are worth 30% of a project's  
            eligible basis over four years.    


          Related legislation:  AB 2817 (Chiu) of the current legislative  
          session proposes to increase the LIHTC by $300 million on an  
          annual basis, subject to annual approval, and increase the  
          set-a-side for farmworker housing tax credits within that pool  
          from $500,000 to $25 million.  Any funds not used for farmworker  
          housing tax credit projects in a calendar year would be  
          available to other qualified projects that apply for the larger  
          LIHTC pool.  This bill is pending in the Assembly. 




          Analysis Prepared by:                                             
                          Rebecca Rabovsky / H. & C.D. / (961) 319-2085     
                                                                  FN:  
          0003259











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