BILL ANALYSIS Ó AB 2476 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2476 (Daly) As Amended August 15, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 71-4 |(June 2, 2016) |SENATE: | 36-0 |(August 17, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: L. GOV. SUMMARY: Requires local agencies to provide specified notice of a new parcel tax to non-resident property owners. The Senate amendments make changes to the timing of the notification to non-resident property owners to require a local agency to provide notice of a new parcel tax instead of notification of a proposed parcel tax measure. EXISTING LAW: 1)Authorizes cities, counties, and special districts to impose a AB 2476 Page 2 special tax for specified purposes with the approval of two-thirds of the voters. 2)Authorizes school districts to impose qualified special taxes, in accordance with specified procedures, including the approval of two-thirds of the voters in the district. 3)Authorizes a parcel tax to fund a variety of local government services subject to approval of two-thirds of the voters. 4)Restricts parcel tax revenue to only fund the specified purpose and services that voters approved. AS PASSED BY THE ASSEMBLY, this bill: 1)Required a local agency, within 30 days following a legislative body's vote, to place a proposed parcel tax on the ballot to provide specified notice to property owners affected by the tax that do not reside within the jurisdictional boundaries of the taxing entity. 2)Defined the following terms: a) "Local agency" to mean "a city, county, special district, or school district authorized to impose a parcel tax;" and, b) "Parcel tax" to mean "a tax levied by a local agency upon any parcel of property identified using the assessor's parcel number system or upon any person as an incident of property ownership, pursuant to the California Constitution (Section 4 of Article XII A), that is collected via the AB 2476 Page 3 annual property tax bill." 3)Required the notice to include, but is not limited to, the following information: a) The amount or rate of the proposed parcel tax in sufficient detail to allow each property owner to calculate the amount of the tax to be levied against the owner's property; b) The method and frequency for collecting the proposed parcel tax, and the duration of time the parcel tax will be imposed; c) The date that the proposed parcel tax will be voted on; and, d) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the proposed parcel tax. 4)Required the notice to be mailed to non-resident property owners, who are affected by the new parcel tax, and whose names and addresses appear on the last equalized county assessment roll or the State Board of Equalization assessment roll. 5)Required the notice to be accomplished through mailing, postage prepaid in the United States mail and to be deemed given when deposited. 6)Required the notice to be in at least 10-point type, and to be in one of the following forms: AB 2476 Page 4 a) An envelope or mailing, which includes the name of the local agency and the return address of the sender on the cover; or, b) A postcard, which includes the name of the local agency and the return address of the sender on the front, and includes information in a prescribed format, as specified. 7)Authorized the local agency to recover the reasonable costs of the notice from the proceeds of the parcel tax. Prohibits the recovered costs from exceeding the reasonable costs of preparing and mailing the notice. 8)Provided that no reimbursement is required by this bill, pursuant to the California Constitution, because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this bill, pursuant to current law governing state-mandated local costs. 9)Required, if a parcel tax is not approved by the voters and the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts for those costs be made, pursuant to current laws governing state-mandated local costs. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: AB 2476 Page 5 1)Parcel Taxes. California Constitution Article XIII, Section A, allows cities, counties, and special districts, by a two-thirds vote of the qualified electors in that jurisdiction, to impose special taxes, except ad valorem taxes on real property or a transaction tax or sales tax on the sale of real property within that city, county or special district. A parcel tax is a particular type of excise tax that is based on either a flat per-parcel rate or a rate that varies depending upon use, size, and/or number of units on each parcel. Proposition 13 (1978) contained a 1% limit on ad valorem property tax; therefore, a parcel tax based upon the value of property would constitute a violation of Proposition 13. The California Constitution specifies that only two types of taxes may be imposed upon a parcel of property: first, an ad valorem property tax imposed, pursuant to Article VIII and Article XIIIA, and second, a special tax receiving two-thirds voter approval, pursuant to Section 4 of Article XIIIA. A parcel tax must be adopted as a special tax that is not based on the property's value. To place a parcel tax measure on the ballot, a local agency must adopt a resolution, which includes the type of tax and rate to be levied, the method of collection, and the date of the election. To adopt an ordinance, local agencies must comply with the Ralph M. Brown Act, which includes public notification and hearing requirements. For example, a local agency must post an agenda at least 72 hours prior to its meeting. Additionally, current law requires cities and counties to publish specific information 15 days after passing an ordinance. Special taxes, such as parcel taxes, are subject to additional accountability [SB 165 (Alarcón), Chapter 535, Statutes of 2000]. Current law requires local agencies to: a) issue a statement indicating the specific purpose of the tax and a requirement that the proceeds be used only for that purpose; b) create an account in which to deposit proceeds; and, c) issue an annual report that includes the amount of funds collected and expended, along with the status of any project required or authorized by the tax measure. AB 2476 Page 6 After the local agency has voted to place a parcel tax measure on the ballot, the election must be held on "established election dates," which means March, April, or November of an even-numbered year, or March, June, or November in an odd-numbered year. A parcel tax measure levied by a local agency requires approval by two-thirds of the qualified electors. The Court has interpreted the phrase "qualified electors of such district" to mean the registered voters voting in the election concerning the proposed tax. [Neilson v. City of California City (2005) 133 Cal. App.4th 1296, 1312.] Non-resident property owners that are not registered voters are not included among the voters voting on a proposed parcel tax. On the other hand, voters who do not own real property, but are registered within the district's boundaries, like renters or tenants, are able to vote on a parcel tax even though they may not be paying the tax, except as passed through in rent. Only 45% of the 396 parcel tax measures placed on the ballot from 2002 through November 2013 were approved. 2)Bill Summary. This bill requires a local agency, city, county, special district, or school district to provide specified notice of a new parcel tax to non-resident parcel owners. Local agencies would be required to provide the notification in one of two forms defined in the bill. This bill outlines the specific information about the parcel tax to be included in the notice and authorizes the local agency to recover reasonable costs of the notice from the proceeds of the parcel tax should it be enacted by the voters. This bill is sponsored by the California Realtors Association. 3)Author's Statement. According to the author, "AB 2476 seeks to provide a measure of fairness by establishing a process for notifying the non-resident property owners. While the parcel tax on any one single-family residential parcel may be relatively little, the same tax applied to a multi-family building can be extremely costly. One East Bay city has a parcel tax of $96 for single-family residential parcels and AB 2476 Page 7 $72 per multi-family residential parcel. If a building has, for example, 100 multi-family units that translates to a parcel tax of over seven thousand dollars. Property owners deserve to know whether they may be facing such a tax." 4)Previous Legislation. The author has introduced several parcel tax measures. AB 237 (Daly) of 2015, which was held on suspense in the Assembly Appropriations Committee, was substantially similar to this bill. AB 892 (Daly) of 2013, which was held on suspense in the Assembly Appropriations Committee, would have required the Board of Equalization to report annually to the Governor on the imposition of each locally assessed parcel tax. Most recently, AB 2109 (Daly), Chapter 781, Statutes of 2014, required the State Controller to report annually on the imposition of each locally assessed parcel tax, and required each county, city, and special district to provide any information required by the Controller in order to complete the report. 5)Policy Considerations. The Legislature may wish to consider the following: a) Existing Public Information. Current law requires the local agency to go through several public steps before and after they place a parcel tax on the ballot. The public, including non-resident property owners, have access to all of this information. Additionally, existing law authorizes any person to request that a legislative body mail a copy of an agenda and all documents in an agenda packet. This provision applies to cities, counties, districts, and other public agencies and authorizes the local agencies to charge a fee to provide agendas. The Legislature may wish to consider the accessibility of information that a non-resident property owner may access even prior to the passage of a parcel tax measure. b) Funding notification instead of services? The Legislature may wish to consider if parcel tax revenue AB 2476 Page 8 should be used to fund the services or facilities for which the voters supported instead of a notice to non-resident property owners. 6)Arguments in Support. The California Association of Realtors argues that this bill "authorizes a low-cost postcard notification and requires that cost for the notice not to exceed the reasonable costs of preparing and mailing the notice. The measure also directs that the very small cost for the notice come from the proceeds of the new parcel tax." 7)Arguments in Opposition. The California State Association of Counties and the California Special Districts Association argue "We believe this measure does little but incur costs to local agencies and reduce the efficacy of voter-approved parcel taxes that are intended to provide funding for local infrastructure or critical services." Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0004245