BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2728


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          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


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          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          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.









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          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.








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          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.








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          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