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