BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2450|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   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  








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            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  







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            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  







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          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


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