BILL ANALYSIS Ó AB 2728 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2728 (Atkins) - As Amended April 25, 2016 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Insurance | |13 - 0 | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill extends the sunset dates for the California Organized Investment Network (COIN) Advisory Board and COIN-certified tax credits. In summary, this bill: AB 2728 Page 2 1)Extends the sunset date on the COIN Advisory Board to January 1, 2022. 2)Extends the sunset date on the Community Development Financial Institution (CDFI) tax credit program until January 1, 2022. 3)Adds definitions for qualified COIN investments in Native American and rural communities and investments made by diverse investment managers. 4)Makes technical and clarifying changes to definitions of COIN-qualified investments. 5)Prioritizes insurance company investors in the allocation of the tax credit. 6)States the Legislature's intent that the sunset date of January 1, 2020, on a mandate that insurers submit community development investment data, including data on investments with diverse investment managers, to the Department of Insurance (DOI) will be extended upon the DOI complying with an existing requirement to provide COIN-related information on its Internet Web site. FISCAL EFFECT: AB 2728 Page 3 1)Annual ongoing GF revenue loss in the range of $3.8 million from the extension of the CDFI tax credit. This estimate reflects the average credit cost across a five-year period from FY 2013-14 to FY 2017-18, as projected, and includes reduced Personal Income Tax (PIT), Corporation Tax (CT), and insurer premium tax revenues. 2)Minor and absorbable administrative costs to DOI. COMMENTS: 1)Purpose. The author argues that the CDFI tax credit program administered by the DOI's COIN program provides a valuable economic incentive for insurers to invest in California low and moderate income communities. COIN directly administers the tax credit program, and is tasked with encouraging insurers to make other qualified investments in California's low- and moderate-income communities. The bill extends the sunset date on the tax credit component of the COIN program, and it is the author's intent to, upon reviewing the information provided by the DOI after July 1, 2016, to extend the sunset on the remainder of the COIN program's activities as well as the insurer data call provisions. 2)Background. The COIN program was created in 1996 as a public-private partnership by DOI, the insurance industry, state government leaders, and community development organizations with the goal of helping to address the unmet capital needs for economic development and affordable housing in low-income urban and rural communities throughout California. This voluntary program was established at the AB 2728 Page 4 request of the insurance industry as a potential alternative to state legislation that would create a system similar to the federal Community Reinvestment Act. The COIN program serves as a liaison between insurers that are seeking investment opportunities and the community organizations that are seeking investment capital for projects. CDFIs work with COIN - an office within the California Department of Insurance - as financial intermediaries providing access to credit, loans, and investments to small businesses and non-profits that serve economically disadvantaged communities. CDFIs also offer administrative and technical assistance in these low-income communities. Generally, CDFIs lend to borrowers that do not satisfy the criteria for conventional lenders and focus on a particular community or certain groups of people 3)CDFI tax credit: Under this program, investors receive a tax credit worth 20 percent of their investment in one of the community development financial institutions certified by the California Organized Investment Network. The credit can be applied against the corporation tax, personal income tax, or insurer premium tax. Analysis Prepared by:Luke Reidenbach / APPR. / (916) 319-2081 AB 2728 Page 5