BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 2429            
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          |Author:    |Thurmond                                             |
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          |Version:   |March 18, 2016                          Hearing      |
          |           |Date:     June 8, 2016                               |
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          |Urgency:   |No                     |Fiscal:     |No              |
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          |Consultant:|Kathleen Chavira                                     |
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          Subject:  School district and community college district bonds


          NOTE:  This measure has been referred to the Committees on  
               Education and  
                 Governance and Finance.  A "do pass" motion should  
               include referral to the  
                 Governance and Finance Committee.
            
          SUMMARY
          
          This bill increases the cap on bonded indebtedness for school  
          districts and community college districts.

            BACKGROUND
          
          Existing law authorizes school districts and community college  
          districts to issue general obligation (GO) bonds upon approval  
          by voters and establishes a process and guidelines for such  
          issuances under the Education Code.  Existing law also  
          authorizes any city, county, city and county, school district,  
          community college district, or special district to issue GO  
          bonds, secured by the levy of ad valorem taxes, and establishes  
          a process for such issuances under the Government Code.  
          (Education Code § 15100, et seq. and Government Code § 53506, et  
          seq.)

          Existing law cap the total amount of bonds issued by a school  
          district at 1.25% of the taxable property of the district and  
          caps the tax rate at $30 per $100,000 of taxable property. (EC §  







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          15102 and § 15268)

          Existing law caps the total amount of bonds issued by a unified  
          school district and a community college district at 2.5% of the  
          taxable property of the district and caps the tax rate at $60  
          per $100,000 of taxable property for a unified school district  
          and $25 per $100,000 of taxable property for a community college  
          district. 
          (EC § 15106 and § 15270)

            ANALYSIS
          
          This bill increases the level of bonded indebtedness for school  
          districts and community college districts.  Specifically, it:  

          1)   Increases the cap on bonded indebtedness for elementary and  
               high school districts from 1.25% to 2% of the taxable  
               property 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.

          STAFF COMMENTS
          
          1)   Intent of the bill.  Current law grants any school district  
               governing board the authority to request a waiver of all or  
               part of any section of the Education Code or any regulation  
               adopted by the Board to implement state law, with specified  
               exceptions (Education Code Section 33050-33053).   Under  
               these provisions, school districts can and do apply for  
               waivers of the existing statutory bond indebtedness caps.   
               According to the author, this bill is intended to reduce  
               administrative costs to applicant school districts and the  
               State Board while also increasing the ability to generate  
               revenue for school facilities construction and renovations  
               at the local level. 
          
          2)   Is there a statewide need?  K-12 districts have sought and  
               received waivers to increase their percentage of bonded  
               indebtedness beyond the statutory limits.  From 2001-2015,  
               the State Board received and approved 52 such waiver  
               requests.  While the State Board has not denied any  
               requests, it has established conditions for the approvals,  








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               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  
               cap. There is currently no process for waiver of these  
               Education Code provisions for community colleges. 

               It is unclear how many districts have reached their cap for  
               bond indebtedness under current law.   It is also unclear  
               whether districts could use the expanded authority since  
               any increased issuance of bonds would still be subject to  
               voter approval.  

               Given the existence of a waiver process that appears to be  
               working, as well as the limited number of districts that  
               have requested such waivers, is a permanent statutory  
               change necessary?

          3)   Related Governor's Actions.   Amid concerns about the  
               complexity and structure of the current program and the  
               state's increasing debt service obligations, the Governor's  
               2015 and 2016 budget proposals discussed significant  
               changes to the way school facilities are funded.  Among  
               other things, the Governor proposed to expand revenue  
               generation tools at the local level by expanding local  
               funding capacity and increasing caps on local bond  
               indebtedness.  The Governor also proposed to restructure  
               developer fees to set one level for all projects at a level  
               between existing Level II and Level III fees subject to  
               local negotiation.  The Governor has also noted that he is  
               prepared to engage with the Legislature and education  
               stakeholders to shape a future state program that is  
               focused on districts with the greatest need, including  
               communities with low property values and few borrowing  
               options, as well as overcrowded schools.

          4)   One leg of a three-legged stool?  Under current law,  
               funding for new construction and modernization of school  
               facilities comes from both state and local sources.   
               Current law establishes the School Facility Program (SFP)  
               under which the state provides general obligation bond  
               funding for various school construction projects.  Local  
               funding comes from a variety of sources including local  
               general obligation bonds, Mello-Roos bonds and developer  
               fees.  This bill would make changes to facilitate the  








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               ability to generate revenue from local general obligation  
               bonds. 

               State bond funds are essentially exhausted. Since 2009, the  
               State Allocation Board (SAB) has been making "unfunded  
               approvals" which represented approved projects waiting to  
               convert to funding apportionments when bonds are sold and  
               cash becomes available.  In addition, since November 1,  
               2012, the SAB has maintained an "Applications Received  
               Beyond Bond Authority" list.  At its May 25th meeting, the  
               SAB took action to declare that new construction  
               funds/apportionments were no longer available, thereby  
               authorizing districts to impose Level 3 developer fees. 

               The same day, the California Building Industry Association  
               (CBIA) filed a legal challenge to the SAB action in  
               Sacramento Superior Court. A temporary restraining order  
               (TRO) was imposed until the court holds a hearing  
               (currently scheduled for July 1, 2016) to decide whether a  
               preliminary injunction should be issued. 

               Additionally, as noted in staff comment #3, this  
               administration has proposed significant changes to the  
               state's role in funding school facilities.  

               Should a change in the capacity to incur local bond debt be  
               authorized absent a broader discussion of the need for  
               accompanying changes to developer fees or the role of state  
               general obligation bond revenues?  
            
          SUPPORT
          
          Alameda County Office of Education
          Albany Unified School District Board of Education

            OPPOSITION
           
           California Charter Schools Association Advocates
          Howard Jarvis Taxpayers Association

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