BILL ANALYSIS Ó AB 2429 Page 1 ASSEMBLY THIRD READING AB 2429 (Thurmond) As Amended March 18, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Education |5-2 |O'Donnell, McCarty, |Olsen, Kim | | | |Santiago, Thurmond, | | | | |Weber | | | | | | | |----------------+-----+----------------------+--------------------| |Revenue & |5-3 |Ridley-Thomas, |Brough, Patterson, | |Taxation | |Dababneh, Gipson, |Wagner | | | |Mullin, O'Donnell | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Increases the level of bonded indebtedness for school districts and community college districts. Specifically, this bill: 1)Increases the cap on bonded indebtedness for elementary and high school districts from 1.25% to 2% of the taxable property AB 2429 Page 2 of the district. 2)Increases the cap on bonded indebtedness for unified and community college districts from 2.5% to 4% of the taxable property of the district. FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: School districts and community college districts pay for the construction and rehabilitation of school and community college facilities through a combination of state education bond funds, developer fees, and local bond funds. General obligation (GO) bonds must be approved by voters, who agree to an ad valorem (per assessed value of property) tax to pay for the bonds. School districts in California had traditionally financed their operations through local property taxes. However, Proposition 13 (1978) limited the property tax rate to 1% of the full cash value of the property, which resulted in cuts across districts and curtailed districts' ability to raise revenues. Parcel taxes, as a special district tax, can generally be used by school districts for any purpose; but those taxes require two-thirds voter approval. Prior to 2001, passage of a local bond required a 2/3 supermajority vote. In 2000, voters approved Proposition 39, which provided an option for approval of a local education bond based on a 55% vote rather than a 2/3 vote. Concurrent to the initiative, the Legislature passed AB 1908 (Lempert), Chapter 44, Statutes of 2000, an accountability measure that required school districts to appoint a local bond citizens' oversight committee to oversee bond expenditures and imposed limitations on bonded indebtedness and tax rates as follows: -------------------------------------------------------------- | |Limit on Bonded |Limit on Tax | AB 2429 Page 3 | |Indebtedness |Rate per | | | |Assessed | | | |Valuation | | | | | | | | | |--------------------------+------------------+----------------| |Elementary and High |1.25% of taxable |$30/$100,000 | |School Districts |property | | | | | | | | | | |--------------------------+------------------+----------------| |Unified School Districts |2.5% of taxable |$60/$100,000 | | |property | | | | | | | | | | |--------------------------+------------------+----------------| |Community College |2.5% of taxable |$25/$100,000 | |Districts |property | | | | | | | | | | | | | | | | | | -------------------------------------------------------------- Once bonds are authorized or approved by voters, districts can issue or sell the bonds. The amount of bonds a district can sell at any given time is limited by the caps on bonded indebtedness and the limits on tax rates. These limits affect the amount of revenue that can be generated because they are based on the assessed valuation of the properties in the district. When the economy is good and property values are high, a district is able to sell more bonds. When property values are depressed, the amount that can be generated is less. Therefore, bonds approved by voters can sometimes take a number of years to issue. Smaller districts and districts with lower assessed valuations are more likely to reach the caps before larger school districts and/or districts with higher assessed valuations. AB 2429 Page 4 K-12 school districts can seek a waiver from the State Board of Education (SBE) to waive the limits. Since 2001, the SBE has approved approximately 60 waiver requests to increase a school district's level of bonded indebtedness. The SBE has not denied a request, but has established conditions for the approvals, such as limiting the waiver for a specified number of years. The approved waivers are generally within those proposed by this bill, although some exceed the proposed caps. The SBE has never approved a waiver to increase a school district's tax rate. This bill increases the statutory bonded indebtedness limits from 1.25% to 2% for an elementary and high school district and from 2.5% to 4% for a unified school district and a community college district. This bill does not alter the limits on tax rates. If enacted, this bill will enable districts to generate revenue up to the new limits for bonds approved by voters without seeking a SBE waiver, thereby reducing administrative costs for the SBE and for districts. Over the past two budget cycles, the Governor has indicated unwillingness to support a state bond and has instead expressed support for expanding a district's ability to generate funds locally. One of the tools identified by the Governor is to increase the caps by the rate of inflation since they were established in 2000. The proposed adjustments in this bill are consistent with an inflation adjustment from 2000. Supporters state that the bill will provide certainty and give school districts the ability to make longer-term plans. Opposition states that there is no need to make the change statutorily since the SBE waiver process works. Analysis Prepared by: AB 2429 Page 5 Sophia Kwong / ED. / (916) 319-2087 FN: 0002792