BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2817


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          ASSEMBLY THIRD READING


          AB  
          2817 (Chiu)


          As Amended  May 27, 2016


          Majority vote.  Tax levy


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Housing         |7-0  |Chiu, Steinorth,      |                    |
          |                |     |Burke, Chau, Beth     |                    |
          |                |     |Gaines, Lopez, Mullin |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Revenue &       |9-0  |Ridley-Thomas,        |                    |
          |Taxation        |     |Brough, Dababneh,     |                    |
          |                |     |Gipson, Mullin,       |                    |
          |                |     |O'Donnell, Patterson, |                    |
          |                |     |Quirk, Wagner         |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |19-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |                      |                    |








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          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Holden, Jones,        |                    |
          |                |     |Obernolte, Quirk,     |                    |
          |                |     |Santiago, Wagner,     |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Makes changes to the state Low-Income Housing Tax  
          Credit (LIHTC) Program.  Specifically, this bill:  


          1)Beginning in 2017, and each year thereafter, increases the  
            allocation of state LIHTC by an additional $300 million and  
            adjusts that amount for inflation beginning in 2018.
          2)Beginning in 2017, increases the amount of low-income housing  
            tax credits set-aside for farmworker housing from $500,000 to  
            $25 million. 


          3)Provides that any low-income housing tax credits set-aside for  
            farmworker housing developments that go unused of the $25  
            million will be available for qualified nonfarmworker housing  
            projects. 


          4)Provides that a sponsor that receives an award of 9% federal  
            LIHTC cannot receive an allocation from the additional $300  
            million of state LIHTC but shall remain eligible for the $70  
            million allocation available prior to 2016.  


          5)Provides a newly constructed or the rehabilitation portion of  
            an existing low-income housing project that is not located in  
            a Difficult to Develop Area (DDA) or a Qualified Census Tract  
            (QCT) and receives federal 4%  LIHTC is eligible for  








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            cumulative state LIHTC over four years of 50% of the qualified  
            basis of the building. 


          6)Provides the acquisition portion of an existing low-income  
            housing project that is not located in a DDA or a QCT and  
            receives federal 4% LIHTC is eligible for state LIHTC over  
            four years of 13% of the qualified basis of the building.    


          7)Allows the Tax Credit Allocation Committee (TCAC) to replace  
            federal LIHTC with state LIHTC for a new or existing  
            low-income housing project that is a located in a DDA or QCT  
            and receives federal 4% LIHTC of up to 50% of the qualified  
            basis of the building, provided that the total amount of  
            credits does not exceed 130%.  


          8)Provides that a low-income housing project is eligible for a  
            cumulative state LIHTC of 95% of the qualified basis of the  
            building over four years of the eligible basis if it meets all  
            of the following requirements:


             a)   It is at least 15 years old;
             b)   It is a single room occupancy (SRO), special needs  
               housing building, is in a rural area, or serves households  
               with very-low income or extremely low-income residents;


             c)   It is serving households of very low-income or extremely  
               low-income provided that the average income at the time of  
               admission is no more than 45% of the median gross income  
               adjusted for household size; and 


             d)   It would have insufficient state credits to qualify to  
               complete substantial rehabilitation due to a low appraised  
               value.  








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          1)Adds the following definitions:
             a)   "Extremely low-income" has the same meaning as Health  
               and Safety Code Section 50053.
             b)   "Rural area" means a rural area as defined in Health and  
               Safety Code Section 50199.21.


             c)   "Special needs housing" has the same meaning as  
               paragraph 4) of Subdivision g) of California Code of  
               Regulations Title 4 Section 10325. 


             d)   "SRO" means single room occupancy.


             e)   "Very low-income" has the same meaning as in Health and  
               Safety Code Section 50053.   


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, annual General Fund cost pressures of $17 million,  
          $50 million, and $90 million in Fiscal Year (FY) 2018-19, FY  
          2019-20, and FY 2020-21, respectively. 


          COMMENTS:  


          Background:  In 1986, the federal government authorized the  
          LIHTC program to enable affordable housing developers to raise  
          private capital through the sale of tax credits to investors.   
          Two types of federal tax credits are available and are generally  
          referred to as 9% and 4% credits.  TCAC administers the program  
          and awards credits to qualified developers who can then sell  
          those credits to private investors who use the credits to reduce  
          their federal tax liability.  The developer in turn invests the  
          capital into the affordable housing project. 








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          Each state receives an annual ceiling of 9% federal tax credits.  
           In 2015 it was $2.30 per capita, which worked out to $94  
          million in credits in California that can be taken by investors  
          each year for 10 years.  Federal LIHTCs are oversubscribed by a  
          3:1 ratio.  Unlike 9% LIHTC, federal 4% tax credits are not  
          capped, however they must be used in conjunction with tax-exempt  
          private activity mortgage revenue bonds which are capped and are  
          administered by the California Debt Limit Allocation Committee.   
          In 2015, the state ceiling for private activity bonds is set at  
          $5.61 billion.  The value of the 4% tax credits are less than  
          half of the 9% tax credits and, as a result, 4% federal credits  
          are generally used in conjunction with another funding source  
          like state housing bonds or local funding sources.  In 2014,  
          developers only used $80.5 million in annual federal 4% tax  
          credits, significantly less than prior years.  The loss of  
          redevelopment funding and state housing bond funds, which were  
          used in combination with 4% federal credits to achieve higher  
          affordability, has made the 4% federal credits less effective. 


          In 1987, the legislature authorized a state LIHTC program to  
          augment the federal tax credit program.  State tax credits can  
          only be awarded to projects that also receive federal LIHTCs,  
          except for farmworker housing projects, which can receive state  
          credits without federal credits.  Investors can claim the state  
          credit over four years.  Projects that receive either state or  
          federal tax credits are required to maintain the housing at  
          affordable levels for 55 years.


          Purpose of this bill:  According to the author, "California is  
          undergoing a serious housing affordability crisis with a  
          shortfall of over one million affordable homes.  According to a  
          2014 report by the California Housing Partnership Corporation,  
          median rents in California have increased by over 20% while the  
          median income has dropped by 8%.  The private housing market is  
          simply not meeting the demand for low to moderate income homes.   








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          The shortage is particularly challenging in the rental market,  
          typically the last resort for lower-income households, many of  
          whom were forced out of single-family homes during the great  
          recession.


          State and Federal divestment in affordable housing has  
          exacerbated this problem.  With the elimination of California's  
          redevelopment agencies and the exhaustion of state housing  
          bonds, California has reduced its funding for the development  
          and preservation of affordable homes by 79% -- from  
          approximately $1.7 billion a year to nearly nothing.  There is  
          currently no permanent source of funding to compensate for this  
          loss.


          The housing crisis has contributed to a growing homeless  
          population, increased pressure on local public safety nets, an  
          unstable development and construction marketplace, and the  
          outward migration of thousands of long-time California  
          residents. 


          The LIHTC program is the only major source of funding available  
          for affordable development in the state, making it competitive  
          and overprescribed.  In 2014, only 49% of applicants were  
          awarded credits - leaving many qualified projects without a  
          secure source of funding or any incentive to build additional  
          affordable housing units."


          The proposal:  This bill would increase the state LIHTC  
          allocation by an additional $300 million which would allow the  
          state to leverage and additional $200 million in federal 4%  
          LIHTC and at least $400 million in federal tax-exempt bond  
          authority annually for the creation and preservation of  
          affordable rental homes for a broad range of lower income  
          households through the state.  An increase in the amount of  
          state LIHTC would help to fill the gap in funding that was  








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          created by the loss of redevelopment and the exhaustion of state  
          voter-approved bonds.  In addition to increasing the total  
          amount of state LIHTC, this bill proposes to increase the amount  
          of state tax credits awarded to a project that is also receiving  
          4% federal tax credits from 13% to 50% of the qualified basis.   
          This would more than triple the amount of equity that an  
          investor purchasing a state tax credit would receive which would  
          bring the return on 4% credits in line with 9% credits and  
          result in greater affordability for the project. 


          Federal LIHTC can be used anywhere in the state, but projects  
          are given an additional 30% boost on their eligible basis if the  
          project is located in a DDA or a QCT.  Because these areas by  
          definition have a higher-poverty level and there is a higher  
          concentration of extremely low-income or homeless individuals  
          and families, housing needs deep subsidy to make it affordable.   
          Existing state law does not allow state tax credits to be  
          awarded in DDAs and QCTs with one exception:  housing  
          developments where 50% of the units are for special needs  
          populations.  The rationale for this prohibition is projects in  
          these areas can qualify for more federal tax credits and  
          therefore are already advantaged.  This bill would also allow  
          state tax credits to be awarded to projects without regard to  
          DDA or QCT status with the main purpose of providing enough  
          state tax credits to match the value of a 9% federal tax credit.  



          Farmworker Housing:  Last year the author carried AB 35 (Chiu)  
          of 2015, which was largely similar to this bill.  This bill is  
          different in that it includes a set-aside from the $300 million  
          increase to the LIHTC program of $25 million for farmworker  
          housing.  There is currently a $500,000 set-aside of low-income  
          housing tax credits for farmworker housing developments serving  
          farmworkers and their families.  This bill would require any  
          unused credits from the $25 million set-aside to go to qualified  
          nonfarmworker housing projects that don't receive funding under  
          the main program.  








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           Older housing stock:  Many low-income housing developments in  
          the state are older and in need of rehabilitation.  These  
          projects need higher levels of equity investments because of  
          their age, level of repairs needed, and the low rents.  It is  
          hard for these projects to compete for state tax credits because  
          the assessed value is low and therefore the eligible basis upon  
          which the amount of tax credits the project can qualify for is  
          also low.  To assist these projects, this bill would allow these  
          older projects to receive state tax credits of 95% over four  
          years.  To qualify projects would need to be at least 15 years  
          old, serve low- and extremely low-income households, be an SRO,  
          in a rural area, and have insufficient state credits to complete  
          substantial rehabilitation due to a low appraised value. 


          Related legislation:  Last year, AB 35 (Chiu) would have made  
          similar changes to this bill.  That bill was vetoed; the  
          Governor's veto message stated the following:


            I am returning the following nine bills without my signature: 


            Assembly Bill 35


            Assembly Bill 88


            Assembly Bill 99


            Assembly Bill 428


            Assembly Bill 437









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            Assembly Bill 515


            Assembly Bill 931


            Senate Bill 251


            Senate Bill 377


            Each of these bills creates a new tax credit or expands an  
            existing tax credit.


            Despite strong revenue performance over the past few years,  
            the state's budget has remained precariously balanced due to  
            unexpected costs and the provision of new services.  Now,  
            without the extension of the managed care organization tax  
            that I called for in special session, next year's budget faces  
            the prospect of over $1 billion in cuts. 


            Given these financial uncertainties, I cannot support  
            providing additional tax credits that will make balancing the  
            state's budget even more difficult.  Tax credits, like new  
            spending on programs, need to be considered comprehensively as  
            part of the budget deliberations




          Analysis Prepared by:                                             
                          Lisa Engel / H. & C.D. / (916) 319-2085  FN:  
          0003250










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