BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2817 (Chiu) - Taxes:  credits:  low-income housing:   
          allocation increase
          
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          |Version: May 27, 2016           |Policy Vote: GOV. & F. 5 - 0,   |
          |                                |          T. & H. 10 - 0        |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.


          


          Bill  
          Summary: AB 2817 would (1) increase annual authorization amounts  
          for low-income housing tax credits, and (2) increase the value  
          of the credits for specified projects.  


          Fiscal  
          Impact: 
                 The Franchise Tax Board (FTB) indicates that this bill  
               would result in a General Fund revenue loss of $17 million  
               in 2018-19, $50 million in 2019-20, and $90 million in  
               2020-21.

                 The California Tax Credit Allocation Committee (CTCAC)  
               would incur first-year costs of $261,000 and ongoing costs  
               of $123,000 (special funds) to administer its components of  







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               the bill.
                


          Background: Current state law allows tax credits for investors who provide  
          project capital to low-income rental housing projects. Taxpayers  
          claim Low-Income Housing Tax Credits (LIHTCs) approximately  
          equal to a specified percentage of the project's basis over four  
          years, and start claiming the credit in the taxable year in  
          which the project is placed in service.  Projects must remain  
          affordable to residents for 55 years.  
          State LIHTCs are calculated in partial conformity with their  
          federal counterparts, although the credit rates and durations  
          differ: state tax credits equal 30 percent of the qualified  
          basis of a project over four years (9 percent credits) for  
          project not federally subsidized, and 13 percent of the  
          qualified basis over the same period (4 percent credits) for  
          federally subsidized ones, instead of either 70 percent or 30  
          percent, respectively, over 10 years for federal LIHTCs.   
          Tax-exempt bonds are generally the source of any qualifying  
          federal subsidy.  Additionally, acquisition costs cannot be used  
          to generate state LIHTCs, except for previously subsidized  
          projects that qualify as "at-risk" of being converted to market  
          rate.


          CTCAC allocates state and federal LIHTCs. CTCAC awards federal  
          credits for non-subsidized projects based on a formula in  
          federal law, and totaled $91 million for 89 projects in 2015,  
          while federal law does not cap CTCAC allocation for subsidized  
          projects.  In 2015, the total state LIHTC amount CTCAC could  
          allocate under state law was almost $89.5 million, which when  
          added to unused or returned credit allocations from previous  
          years, totaled $111 million that funded 39 projects.  Housing  
          developers design projects, and apply to CTCAC for credits.   
          CTCAC then reviews the application, and either denies it or  
          grants credits.  The housing developer then forms partnership  
          agreements with taxpayers that provide project capital for the  
          low-income housing project in exchange for the credits at a  
          discount.    


          CTCAC may allocate federal tax credits to any area of the State,  
          but must conduct a feasibility analysis to ensure that the  








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          amount of credits granted doesn't exceed the amount of capital  
          required to build the project. To calculate the amount of credit  
          a project may receive, CTCAC first determines the total project  
          cost. Next, it determines the "eligible basis" by subtracting  
          from total project cost any non-depreciable costs, such as land,  
          permanent financing costs, rent reserves, and marketing costs.  
          Next, CTCAC reduces this eligible basis by the applicable  
          percentage, equal to the percentage of affordable units of floor  
          space in the project as a share of the entire project.  For  
          example, a project with $5 million in total development costs  
          that includes $1 million in land acquisition costs has a $4  
          million basis.  If half of the units will be affordable, the  
          total basis is $2 million, which is multiplied by 9 percent to  
          determine the annual amount of the credit of $180,000, for a  
          ten-year value of $1.8 million.


          Combined state and federal LIHTCs are generally equal to 100  
          perent of a project's eligible basis.  However, CTCAC can  
          replace federal LIHTC with state LIHTC of up to 30 perent of a  
          project's eligible basis if it equivalently reduces federal  
          LIHTC, thereby increasing the number of projects in can approve  
          by "backing out" limited federal credits.  Additionally, while  
          CTCAC can allocate federal LIHTCs to any area of the state, it  
          can grant federal LIHTCs up to an additional 30 percent for a  
          total of 100 percent of eligible basis, known as a "basis  
          boost," for projects in a "Difficult to Develop Area" (DDA) or a  
          Qualified Census Tract (QCT).  The United States Department of  
          Housing and Urban Development (HUD) designates DDAs on an annual  
          basis based on high construction, land, and utility costs  
          relative to area median gross income.  HUD designates QCTs as  
          census tracts in which either 50 percent or more of the  
          households have an income that is less than 60 percent of the  
          area median gross income or that has a poverty rate of at least  
          25%.  Prior to 2014, CTCAC could not award state tax credits for  
          projects located in DDAs and QCTs because CTCAC could draw down  
          more federal tax credits through the basis boost, thereby  
          providing a sufficient advantage without allocating limited  
          state credits.  However, the Legislature authorized CTCAC to  
          award state LIHTCs to projects in DDAs or QCTs if at least 50  
          percent of the units to special needs households because  
          projects that serve special needs populations generally need  
          greater subsidies to offer affordable rents (AB 952, Atkins,  
          2013).   








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          Proposed Law:  
          This bill would enact several changes to the state LIHTC to  
          establish a new category for LIHTC projects, modify credit  
          percentages, and additionally authorize CTCAC to allocate $300  
          million in additional credits. The bill would modify state  
          allocations of LIHTCs awarded to federally-subsidized low-income  
          housing projects receiving federal LIHTC for federally  
          subsidized projects as follows:
                 Increase state LIHTC to 50 percent of the qualified  
               basis over four years for a new building not located in a  
               DDA or QCT, and keeps unchanged current percentages for  
               existing buildings not located in DDAs or QCTs.


                 Increase the state LIHTC to the same amount for new or  
               existing low-income housing building that is located in a  
               DDA or QCT, provided that the federal LIHTC is replaced  
               with state LIHTC.  





          The bill also would increase LIHTC percentages to a cumulative  
          95 percent of the qualified basis over four years for  
          rehabilitating qualified low-income buildings at least 15 years  
          old if it meets all of the following requirements:


                 The project serves households of very-low and  
               extremely-low income such that its average maximum  
               household income is not more than 45 percent of the area  
               median gross income,


                 The project is subject to a regulatory agreement  
               restricting the average maximum household income to the  
               above standard for 55 years,










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                 The project would have insufficient credits under  
               current categories to complete substantial rehabilitation,  
               and


                 CTCAC finds that the credit allocation results in the  
               completion of the project.





          The measure authorizes CTCAC to allocate up to $300 million in  
          credits in the 2017 calendar year, and each year thereafter,  
          plus an inflation adjustment.  CTCAC can allocate credits to  
          developers eligible for the non-federally subsidized credit from  
          the current authorization, but developers of these projects are  
          ineligible for allocations from the new $300 million.  The bill  
          also allocates an additional $25 million per calendar year for  
          farmworker housing projects.  The measure makes a conforming  
          change to delete provisions allowing CTCAC to allocate state  
          credits when the project contains at least 50 percent of its  
          occupants are special needs households.




          Related  
          Legislation:  AB 35 (Chiu) was similar to this bill, and was  
          vetoed by the Governor. 


          Staff  
          Comments: Using LIHC allocation data from CACTC, FTB assumed  
          that the maximum credit allocation threshold would be reached  
          each year ($300 million), with an adjustment based on the  
          assumption that five percent, or $15 million, of the allocation  
          would ultimately be returned to CACTC due to unforeseen project  
          issues. Other key FTB assumptions include that 25 percent of the  
          credit would be carried forward to future years. Because  
          allocated credits cannot be used until after the building has  
          been put into service, FTB assumes that 
          CACTC would require roughly two positions in the first year and  
          one position annually thereafter to administer the billIf  








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          position authority were granted, these costs would be covered by  
          existing fees. AB 2817 would require program changes during the  
          first year to implement the bill and update application  
          documents; this workload would be absorbable. 





          The increase in projects awarded will also result in increased  
          CTCAC Compliance Section staff monitoring requirements in the  
          future. CACTC estimates that the bill would increase the number  
          of new projects and units monitored by Compliance staff by  
          approximately 15 to 20 percent by 2019. The resulting workload  
          would require additional staff in CACTC's Compliance Section,  
          but these costs would be covered by monitoring fees. 




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