BILL ANALYSIS Ó AB 2277 Page 1 Date of Hearing: April 20, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2277 (Melendez) - As Introduced February 18, 2016 ----------------------------------------------------------------- |Policy |Local Government |Vote:|8 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill revises the formulas for calculating annual "vehicle license fee (VLF) adjustment amounts" for cities that incorporated from January 1, 2004 through January 1, 2012. FISCAL EFFECT: 1)On-going costs of approximately $18 million (GF) to backfill property tax reductions to schools as follows: AB 2277 Page 2 a) This bill will result in a one-time permanent shift of approximately $18 million from the Riverside County Educational Revenue Augmentation Fund (ERAF) to the cities of Jurupa Valley, Eastvale, Menifee, and Wildomar, and permanently "re-base" the VLF adjustment amount going forward. The General Fund (GF) would generally backfill the reductions from ERAF to replace funding that would otherwise go to schools pursuant to Proposition 98 minimum funding guarantees. As such, the bill would result in an annual GF impact of about $18 million in 2016-17, which would increase each year thereafter at the property tax growth rate. 1)Unknown, likely minor state reimbursable costs to Riverside County to adjust property tax allocation formulas for the four recently-incorporated cities (GF). It is unlikely that the county would file a claim for reimbursement for these minor one-time costs. COMMENTS: 1)Purpose. This is the seventh legislative attempt to address the disproportionate impact the 2011 budget trailer bill (SB 89) had on cities that incorporated from January 1, 2004 to January 1, 2012. The author notes, "In 2011, one of the steps the Legislature took to close the state's massive budget gap was to pass SB 89 which eliminated VLF revenue allocated to newly incorporated cities and annexed areas. As a result, four newly incorporated cities in Riverside County - Eastvale, Jurupa Valley, Menifee and Wildomar - lost critical funding. These cities are now facing the possibility of disincorporation, potentially forcing Riverside County to provide essential services to residents which the County has not budgeted for." AB 2277 Page 3 This bill impacts only the four cities in Riverside County that incorporated during this timeframe. The bill establishes a base year VLF adjustment amount for these cities for FY 2016-17 to replicate funds that existed for new cities prior to 2004. 2)Background. Current law imposes the VLF in lieu of personal property tax on California motor vehicles, at a rate based on the taxable value of the vehicle. The state collects and allocates the VLF revenues, minus administrative costs, to cities and counties. In 1998, the VLF rate was reduced and the state General Fund backfilled the lost revenues to cities and counties. As part of the 2004 budget agreement, the Legislature enacted a "VLF-property tax swap," which permanently reduced the VLF rate to 0.65 percent, repealed the direct offset payments from the General Fund, and instead replaced lost local revenues with property taxes that would otherwise have gone to schools through the ERAF in each county. The replacement funding was known as the "VLF adjustment amount." The state General Fund generally backfills local school funding that is reduced through the ERAF shift. Prior to 2004, the state had historically provided additional VLF revenue to newly incorporated cities. The budget agreement, however, did not provide compensating property-tax-in-lieu-of-VLF for future new cities or for annexations. A temporary remedy came with the passage of AB 1602 (Laird) Chapter 556, Statutes of 2006, which, until July 1, 2011, provided additional revenue from reallocating a portion of existing cities' VLF funds to new cities and cities that annexed inhabited areas in order to make new AB 2277 Page 4 incorporations and annexations financially feasible. As part of the realignment proposal in the 2011-12 Budget, SB 89 (Budget and Fiscal Review Committee), Chapter 35, Statutes of 2011, among other provisions, shifted VLF revenues from cities to fund local law enforcement grants through the newly established Local Law Enforcement Services Account. SB 89 also eliminated the formulas established by AB 1602 (Laird) that provided enhanced VLF revenues to newly incorporated cities and cities that annex inhabited territory. This action eliminated over $15 million in VLF revenues in 2011-12 for four newly incorporated cities (Menifee, Eastvale, Wildomar, and Jurupa Valley), as well as over $4 million from cities that had annexed inhabited areas (Chico, San Ramon, Santa Clarita, Temecula, Fontana, San Jose, Porterville, Tulare and Visalia). 3)Budget Appropriation. SB 107 (Committee on Budget and Fiscal Review), Chapter 325, Statutes of 2015, provided $23.75 million in one-time fiscal relief to recently incorporated cities impacted by the loss of VLF revenues following the passage of SB 89 in 2011. This General Fund appropriation was used to pay debts incurred by Wildomar (over $1 million), Menifee (over $1 million), and Jurupa Valley (over $21 million) for services rendered through contracts with Riverside County. The City of Eastvale did not receive any fiscal relief from SB 107, and has filed a lawsuit challenging the allocation of fiscal relief to only three of the four recently-incorporated cities. The outcome of litigation is pending at this time. 4)Related Legislation. SB 817 (Roth), pending on the Senate Appropriations Committee's Suspense File, is nearly identical AB 2277 Page 5 to this bill. 5)Prior Legislation. a) SB 25 (Roth), which was vetoed by the Governor last year, was effectively identical to this bill. The veto message states: "This bill allows four cities that incorporated after January 1, 2004, and before January 1, 2012 to receive additional property tax revenue through a redistribution of Vehicle License Fee revenue. My signature of SB 107 provides approximately $24 million dollars in fiscal relief to these four cities. This bill results in additional long term costs to the general fund that the state's budget cannot afford." b) AB 448 (Brown), also of 2015, contained a similar adjustment for cities that annexed inhabited areas. It was held on the Senate Appropriations Committee's Suspense File. c) In 2014, SB 69 (Roth) and AB 1521 (Fox), nearly identical to last year's SB 25 and AB 448 respectively, were both vetoed by the Governor. His veto message noted long term costs to the general fund. d) In 2013, SB 56 (Roth) and AB 677 (Fox) both contained VLF adjustments amounts for both annexations and city incorporations, similar to the provisions of AB 1521 for annexations and SB 69 in 2014. SB 56 (Roth) was held on the Senate Appropriations Committee's Suspense File. AB 677 (Fox) was referred to, but never heard by, the Assembly AB 2277 Page 6 Local Government Committee. e) In 2012, SB 1566 (Negrete McLeod) and AB 1098 (Carter) also would have reallocated VLF revenues to newly incorporated cities and to cities that annexed inhabited territory. SB 1566 was held on the Senate Appropriations Committee's Suspense File. AB 1098 was amended during the last two days of the 2011-12 legislative session to contain SB 1566's provisions and was vetoed by the Governor. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081