BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2841


                                                                    Page  1





          Date of Hearing:  April 13, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          AB 2841  
          (Travis Allen) - As Amended April 6, 2016


          SUBJECT:  State infrastructure financing for seaports.


          SUMMARY:  Creates a process for a harbor agency to apply for  
          funding to the Infrastructure and Economic Development Bank  
          (I-Bank).  Specifically, this bill:  


          1)Requires, after consulting with the appropriate state and  
            local agencies, the I-Bank to establish, for state  
            infrastructure financing for seaports, criteria, priorities,  
            and guidelines for the selection of projects to receive  
            assistance from the I-Bank, and requires projects to comply  
            with those criteria, priorities, and adopted guidelines of the  
            I-Bank.


          2)Requires, when the I-Bank establishes or makes changes to the  
            criteria, priorities, and guidelines, the I-Bank to notify the  
            Governor, the appropriate fiscal and policy committees 


          of the Legislature that exercise oversight of the I-Bank, and  
            the appropriate state and local agencies.
          3)Allows I-Bank to accept applications for a proposed project  
            valuation consistent with the criteria, priorities, and  








                                                                    AB 2841


                                                                    Page  2





            guidelines adopted by the Board of the harbor agency, and  
            specifies the contents of the application.


          4)Requires a harbor agency to adopt a resolution setting forth  
            estimates of the state fiscal and economic impacts that will  
            result from the proposed project, as specified.


          5)Requires the I-Bank, upon receipt of the proposed project  
            valuation, to approve, require a modification of, or deny the  
            proposed project valuation, as specified.


          6)Prohibits the I-Bank from approving a proposed project  
            valuation, if the State Lands Commission objects to a finding  
            made by a harbor agency that the project to be financed is  
            consistent with state tidelands trust and the terms and  
            conditions of any grant of trust lands to the harbor agency.


          7)Requires the I-Bank to provide notice to the Department of  
            Finance (DOF) within 30 days 


          of approving a proposed project valuation, and requires that  
            notice include, at a minimum, the dollar amount of the  
            valuation and any other information requested by DOF.   
            Requires DOF to include an amount equal to the approved  
            project valuation in the appropriation for the I-Bank Fund, as  
            specified, in the Governor's proposed annual budget.
          8)Requires the I-Bank to remit funding to the harbor agency only  
            upon an appropriation by the Legislature of moneys for that  
            purpose.


          9)Allows the I-Bank to require the harbor agency to demonstrate  
            it has sufficient resources to complete the infrastructure  
            development project or install the equipment purchase.








                                                                    AB 2841


                                                                    Page  3







          10)Requires the I-Bank to prepare a report on its activities and  
            post that report in its Internet Web site.


          11)Requires the harbor agency to reimburse the administrative  
            expenses incurred by the I-Bank for the processing of the  
            proposed financing of a project.


          12)Requires all permanent fixtures and capital improvements to  
            the real property of a harbor agency that administers public  
            trust tidelands financed pursuant to the bill's provisions to  
            be a trust asset of the state once completed.  Specifies that  
            this does not apply to fixtures and improvements otherwise  
            agreed as nonpermanent in a lease between the harbor agency  
            and a private tenant.


          13)Defines applicable terms.


          14)Makes a number of findings and declarations regarding the  
            infrastructure needs of seaport infrastructure financing  
            districts and harbor agencies.


          EXISTING LAW:  


          1)Authorizes cities and counties to create infrastructure  
            financing districts (IFDs) and issue bonds to pay for  
            community scale public works: highways, transit, water  
            systems, sewer projects, flood control, child care facilities,  
            libraries, parks, and solid waste facilities. To repay the  
            bonds, IFDs can divert property tax increment revenues, which  
            are revenues generated from increases in property values  
            within the IFD above property values in the base-year when the  








                                                                    AB 2841


                                                                    Page  4





            IFD was formed.  However, IFDs can't divert property tax  
            increment revenues from schools. 

          2)Authorizes cities and counties to create Enhanced  
            Infrastructure Financing Districts (EIFDs), which augment the  
            tax increment financing powers that are available to local  
            governments under the IFD statutes.  City or county officials  
            can create an EIFD, which is governed by a public finance  
            authority, to finance public capital facilities or other  
            specified projects of communitywide significance that provide  
            significant benefits to the district or the surrounding  
            community.

          3)Authorizes cities and counties to establish Seaport  
            Infrastructure Financing Districts, which are similar to an  
            EIFD, for the purpose of financing port or harbor  
            infrastructure, including any capital improvement that  
            improves environmental quality, if the improvement's primary  
            or predominant use directly benefits a port or harbor.

          4)Establishes the I-Bank within the Governor's Office of  
            Business and Economic Development (GO-Biz) and authorizes it  
            to undertake a variety of infrastructure related financial  
            activities, including, but not limited to, the administration  
            of a revolving loan fund, oversight of the Small Business  
            Finance Center, and the issuance of tax-exempt and taxable  
            revenue bonds.


          5)Requires, prior to the submittal of a project to the I-Bank  
            for consideration, the legislative body of the project sponsor  
            to make specified findings, by resolution, on each of the  
            following:



             a)   The project is consistent with the general plan of both  
               the city and county, or city and county in the case of San  
               Francisco, or only the county for projects in  








                                                                    AB 2841


                                                                    Page  5





               unincorporated areas in which the project is located.



             b)   The proposed financing is appropriate for the specific  
               project.



             c)   The project facilitates effective and efficient use of  
               existing and future public resources so as to promote both  
               economic development and conservation of natural resources.  
               The project develops and enhances public infrastructure in  
               a manner that will attract, create, and sustain long-term  
               employment opportunities.



             d)   The project is consistent with the criteria, priorities,  
               and guidelines for the selection of projects adopted of the  
               I-Bank.


          FISCAL EFFECT:  This bill is keyed fiscal.


          COMMENTS:  


          1)Bill Summary.  This bill creates a process for a harbor agency  
            to apply for funding through the I-Bank, and gives the I-Bank  
            the authority to establish criteria, priorities, and  
            guidelines for the selection of projects to receive assistance  
            from the I-Bank.


            This bill is sponsored by the Pacific Merchant Shippers  
            Association.









                                                                    AB 2841


                                                                    Page  6






          2)Author's Statement.  According to the author, "AB 2841 creates  
            a new public financing program to encourage future investments  
            in infrastructure at California's public seaports to be  
            administered by the state Infrastructure Bank.  Incentivizing  
            these infrastructure improvements will lower operating  
            expenses, which in turn will help to preserve our ports'  
            economic competitive position or usher in the use of clean  
            technologies sooner than otherwise feasible."


            "California's major commercial seaports in Long Beach, Los  
            Angeles, Oakland, Port Hueneme, Richmond, and San Diego are  
            either 'trust grant' ports, meaning that they are operating on  
            state-owned property, which has been granted to a local  
            governmental entity who must manage the property as a trustee  
            for the benefit of the state, or they are special districts  
            set up under the state Harbors & Navigation Code to achieve  
            state purposes.  The real property at these ports are publicly  
            owned assets, but are not supported with state or local tax  
            revenues, rather they are operated as enterprises with private  
            revenue streams and their primary form of infrastructure  
            development funding is in the form of revenue bonds backed  
            against future operations or lease revenues.


            "In the wake of the elimination of redevelopment and other  
            economic development tools which were not universally believed  
            to be effective, the State revamped its public financing tools  
            to provide for Enhanced Infrastructure Financing Districts  
            (EIFDs).  SB 63 (Hall) added seaports to the EIFD statute, and  
            allowed for access to new seaport infrastructure and  
            environmental improvement financing."


          3)Prior Legislation.  

             a)   SB 63 (Hall), Chapter 793, Statutes of 2015.  This bill  
               authorized cities and counties to establish Seaport  








                                                                    AB 2841


                                                                    Page  7





               Infrastructure Financing Districts and allowed these  
               districts, to finance certain port or harbor facilities, as  
               specified.  
             b)   SB 628 (Beall), Chapter 785, Statutes of 2014.  This  
               bill authorized local officials to create EIFDs, which  
               augment the tax increment financing powers that are  
               available to local government under the IFD statutes. City  
               or county officials can create an EIFD, which is governed  
               by a public finance authority, to finance public capital  
               facilities or other specified projects of communitywide  
               significance that provide significant benefits to the  
               district or the surrounding community.  


          4)Arguments in Support.  Supporters argue that this bill will  
            create a win-win investment in California's seaports, create  
            cost savings, improve competitiveness, help grow cargo and  
            jobs, while also investing in the environment.


          5)Arguments in Opposition. None on file.


          6)Double-Referral.  This bill was heard by the Jobs, Economic  
            Development and the Economy Committee on April 5, 2016, where  
            it passed with a 9-0 vote.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Pacific Merchant Shipping Association [SPONSOR]










                                                                    AB 2841


                                                                    Page  8







          Opposition


          None on file




          Analysis Prepared by:Debbie Michel