BILL ANALYSIS Ó AB 2728 Page 1 ASSEMBLY THIRD READING AB 2728 (Atkins) As Amended April 25, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Revenue & |9-0 |Ridley-Thomas, | | |Taxation | |Brough, Dababneh, | | | | |Gipson, Mullin, | | | | |O'Donnell, Patterson, | | | | |Quirk, Wagner | | | | | | | |----------------+-----+----------------------+--------------------| |Insurance |13-0 |Daly, Melendez, | | | | |Travis Allen, | | | | |Bigelow, Calderon, | | | | |Chu, Cooley, Cooper, | | | | |Dababneh, Dahle, | | | | |Frazier, Gatto, | | | | |Rodriguez | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | AB 2728 Page 2 | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Extends the sunset dates for the California Organized Investment Network (COIN) Advisory Board and COIN-certified tax credits. Specifically, this bill: 1)Extends the sunset date on the COIN Advisory Board to January 1, 2022. 2)Adds definitions for qualified COIN investments in Native American and rural communities. 3)Makes technical and clarifying changes to definitions of COIN-qualified investments. 4)States the Legislature's intent that the sunset date of January 1, 2020 on a mandate that insurers submit community development investment data 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. 5)Extends the sunset date on the Community Development Financial Institution (CDFI) tax credit program until January 1, 2022. AB 2728 Page 3 EXISTING LAW: 1)Establishes a COIN Advisory Board to consult with and advise the DOI with respect to issues associated with the COIN program. 2)Sunsets the Advisory Board on January 1, 2020. 3)Requires any admitted insurer that writes at least $100 million in California premium to file, by July 1, 2016, data with DOI detailing its investment activity for the past 3 years with respect to community development investments. 4)Requires the DOI, by December 31, 2016, to provide information on its Internet Web site: a) Concerning the community development investments made by insurers, specifically noting information concerning investments that are innovative, responsive to community needs, not routinely made by insurers, and that have a high impact on low and moderate income communities, and b) On the actions taken by the COIN program to analyze insurer data for purposes of identifying potential insurer investment opportunities, and on COIN's outreach and marketing efforts, and c) Identifying the amount of California public debt purchased by insurers, the amount of identified California investments by insurers, and the amount of green investments by insurers. AB 2728 Page 4 5)Provides that the data call and information posting provisions will sunset on January 1, 2020. FISCAL EFFECT: Annual ongoing general fund revenue loss in the range of $3.8 million from the extension of the Community Development Financial Institutions (CDFI) tax credit. 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 has existed within the DOI for 20 years, in one form or another. Originally created administratively, the purposes of COIN have been clarified, and its operations formalized, in statute. Encouraging community development investments was the primary goal of the program. However, over time its role expanded to administering the tax credit program, and managing the data insurers have been required to file concerning their efforts at making socially desirable community development investments with some portion of the premium dollars collected from California policyholders. AB 2728 Page 5 3)Recent legislation. The current sunset dates for the COIN program were established by AB 624 (Pérez), Chapter 436, Statutes 2011, (tax credit), and AB 2128 (Gordon), Chapter 384, Statutes 2014, (data call). Stakeholders engaged in substantial discussions prior to enactment of AB 2128, and many stakeholders maintain that extending the sunset date on future data call mandates ought to wait until after the DOI completes its analysis and information posting responsibilities, currently required to be completed by December 31 of this year. For this reason, the author opted to refrain from including sunset extensions on that portion of the COIN program, instead adding language declaring the Legislature's intent to extend that sunset date upon the DOI fulfilling its responsibilities. Analysis Prepared by: Mark Rakich / INS. / (916) 319-2086 FN: 0003212