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