BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2450| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2450 Author: Achadjian (R) Amended: 8/2/16 in Senate Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 6/29/16 AYES: Hertzberg, Nguyen, Hernandez, Lara, Moorlach NO VOTE RECORDED: Beall, Pavley SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 76-0, 5/19/16 (Consent) - See last page for vote SUBJECT: Property taxation SOURCE: California Assessors Association DIGEST: This bill requires public agencies that want to acquire property also send to the assessor a notice currently required to be sent to the tax collector, and requires specified contracts with government agencies restricting the use of property to be recorded. ANALYSIS: Existing law: 1)Provides that all property is taxable unless explicitly AB 2450 Page 2 exempted by the Constitution or federal law. 2)Exempts from property tax any property owned by the state or a local government, unless the property is located outside the boundaries of the local government that owns it, and the property was taxable before its acquisition. 3)Sets forth a specific process for informing the appropriate county officials to ensure that taxes are cancelled after a public agency acquires property, including: a) Notifying the county assessor and auditor by filing the instrument evidencing the acquisition, which must show the date of apportionment, as defined, a map of the property, and a request to cancel the taxes; and b) Sending notice to the tax collector as well as any other public entity which will lose revenue from the property as a result of becoming exempt. The notification must contain specified contents, and to be sent within a reasonable time following the initial budgeting of funds. 4)Requires assessors to consider enforceable restrictions, such as zoning and environmental restrictions, as well as recorded contracts with government entities when valuing property. This bill: 1)Requires the notice that must currently be sent by the public agency seeking to acquire property to the tax collector to also be sent to the assessor. 2)Provides that any contract with a government agency restricting the use of property for owner-occupied housing available at an affordable cost must be recorded. However, the recording requirement does not prevent the assessor from AB 2450 Page 3 considering such a contract when determining value. Background AB 2450 requires agencies to record any contracts they enter into that restrict the use of property for owner-occupied housing available at an affordable cost. This change responds to a recent case in the City of Gilroy where 216 families living in below market rate housing had been over-assessed for up to 20 years because the assessor was not aware of the contract restricting the use of the property. Upon discovery, the assessor personally delivered a refund check to one family, and the county issued $3 million in total refunds. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified8/9/16) California Assessors Association (source) Cities Association of Santa Clara County OPPOSITION: (Verified8/9/16) None received ARGUMENTS IN SUPPORT: According to the author, "Assessors are required to consider the effect of any enforceable restrictions on a property's value. For low-income housing, also known as below market rate (BMR) properties, governmental agencies execute contracts to restrict the use of the land for owner occupied housing, which are sold at affordable or below market prices. These contracts come with governmentally imposed restrictions to ensure compliance with the terms of the AB 2450 Page 4 affordable housing program. During the past several years, it has been increasingly difficult for assessors to properly assess BMR properties because property owners, and governmental agencies do not always disclose the existence of BMR contracts at the time of transfer. The result is low income homeowners are incorrectly over taxed. Correcting an overpayment is expensive, time consuming and may not result in a complete refund. AB 2450 requires that contracts with governmental agencies that restrict the use of the property to owner-occupied housing available at an affordable housing cost, including those under any locally adopted inclusionary program, must be recorded." ASSEMBLY FLOOR: 76-0, 5/19/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon NO VOTE RECORDED: Chang, Mathis, McCarty, Williams Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119 8/10/16 16:00:47 **** END ****