BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 20, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2277 (Melendez) - As Introduced February 18, 2016


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          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:








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             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."











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            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  








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            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  








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            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  








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               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