BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 107


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          (Without Reference to File)





          SENATE THIRD READING


          SB  
          107 (Committee on Budget and Fiscal Review)


          As Amended  September 10, 2015


          Majority vote


          SENATE VOTE:  23-13


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Budget          |16-11|Weber, Bloom, Bonta,  |Melendez, Travis    |
          |                |     |Campos, Chiu, Cooper, |Allen, Bigelow,     |
          |                |     |Gordon,               |Chávez, Grove,      |
          |                |     |                      |Jones, Kim, Lackey, |
          |                |     |                      |Obernolte,          |
          |                |     |Jones-Sawyer,         |Patterson, Wilk     |
          |                |     |McCarty, Mullin,      |                    |
          |                |     |Nazarian, O'Donnell,  |                    |
          |                |     |Rodriguez, Thurmond,  |                    |
          |                |     |Ting, Williams        |                    |
          |                |     |                      |                    |








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          SUMMARY:  Includes a statutory provision related to  
          redevelopment and local government necessary to enact the 2015  
          Budget Act.  Specifically, this bill:   


           1)Provides that the Department of Finance (department) is  
            exempted from the Administrative Procedures Act for the  
            purposes of implementing the Redevelopment Dissolution Act.  
          2)Defines "administrative cost allowance" to mean the maximum  
            amount of administrative costs that may be paid by a successor  
            agency (SA) from the Redevelopment Property Tax Trust Fund  
            (RTTPF) in a fiscal year.


          3)Creates a new administrative cost calculation.  If the  
            enforceable obligations (EO) are less than $250,000 per year,  
            then the administrative allowance shall equal only 50% of the  
            EOs, unless that cost is reduced by the oversight board or by  
            agreement between the SA and the department.  


          4)Requires the administrative cost allowance to be approved by  
            the oversight board.


          5)States that prospectively, any legal costs challenging the  
            redevelopment agencies (RDA) law shall only be paid out of the  
            administrative cost allowance.  Additionally, it states that  
            if the successor agency obtains a final judicial determination  
            granting the relief, then the funds provided by the sponsoring  
            entity to pay legal costs will be an EO.  If relief is not  
            granted, then the funds will not be an EO. 


          6)Allows written agreements entered into at the time of  








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            issuance, but no later than June 27, 2011, for the purpose of  
            solely refunding or refinancing bonds, to be considered EOs.


          7)Specifies that an agreement entered into by the RDA prior to  
            June 28, 2011, is an EO if the agreement relates to state  
            highway infrastructure improvements which the RDA committed  
            funds.  


          8)Specifies that an agreement between the city, county, or city  
            and county that created the former RDA and the former RDA  
            agency is an EO if that agreement requires the former RDA to  
            repay or fulfill an outstanding loan or development obligation  
            imposed by a federal agency, including the United States  
            Department of Housing and Urban Development.  


          9)Defines "Annual Recognized Obligation Payment Schedule  
            (ROPS)," beginning on or after July 1, 2016, to mean the  
            document setting forth the minimum payment amounts and due  
            dates of payments required by EOs.   


          10)Continues to only allow a city, county, or city and county  
            that authorized the RDA to loan or grant funds to a SA when  
            there is insufficient distribution of the RPTTF.  States that  
            these loans are subject to the Local Agency Investment Fund  
            (LAIF) rate.  


          11)Extends the date from January 1, 2011, to June 28, 2011,  
            regarding the use of proceeds (including bond proceeds) that  
            can be derived from indebtedness obligations that were issued  
            for affordable housing and were backed by the Low and Moderate  
            Income Housing Fund.  Includes intent language specifying that  
            the Legislature is authorizing housing successors to designate  
            the use of and commit 100% of indebtedness obligation  
            proceeds.








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          12)Clarifies annual reporting requirements for the low and  
            moderate income housing asset fund.   


          13)States that items on a ROPS that the subject of litigation  
            may not be addressed during the meet and confer process.  


          14)Creates the process for an annual ROPS process beginning on  
            or after July 1, 2016.  


          15)Allows for ROPS payments to be scheduled beyond the ROPS  
            cycle if a lender requires cash on hand beyond the ROPS cycle.  



          16)States that the work of winding down the RDA does not  
            includes specified activities except as required by an EO.  


          17)Establishes a 100-day timeframe for the department to review  
            "final and conclusive" EO requests.


          18)Allows the SA of the City and County of San Francisco to  
            issue bonds and incur other indebtedness to meet affordable  
            housing obligations. 


          19)Adds the following as valid agreement and binds the SA:


             a)   A written agreement entered into at the time of issuance  
               but in no later than June 27, 2011, of bonds for the  
               refunding or refinancing of bonds that existed prior to  
               January 1, 2011, and solely for the purpose of securing or  








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               repaying bonds.  
          20)Makes additional clarifications to re-entered agreements.
          21)Sets up a process for alternate members to serve on oversight  
            boards.


          22)Clarifies what oversight board actions do not need to be  
            submitted to the department for approval.


          23)Moves the countywide oversight board transition date from  
            July 1, 2016, to July 1, 2018.


          24)Clarifies that oversight board cease to exist when all the  
            SAs are dissolved.


          25)Creates five oversight boards for the County of Los Angeles  
            aligned with the County Board of Supervisors districts to  
            serve as the county wide oversight boards beginning July 1,  
            2018. 


          26)Creates a flexible process for SA to get a Finding of  
            Completion (FOC) through a payment plan with the department  
            for any outstanding due diligence review (DDR) obligations.   
            Under existing law, if a SA fails to pay DDR obligations by  
            December 31, 2015, or fails to establish a payment plan, then  
            they will be ineligible for an FOC. 


          27)Adds in language regarding the legal obligation of sponsoring  
            entities to return RDA assets when ordered to do so, provided  
            that those assets were not transferred pursuant to an EO.


          28)Expands the definition of governmental purpose to include  
            parking facilities and lots dedicated solely to public  








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            parking.  


          29)Allows payments in support of pension programs or in support  
            of capital programs and programs related to the State Water  
            Project to go back to the source, so long as these were not  
            pledged as a security for the payment of any indebtedness  
            obligation and needed for payment thereof.  


          30)Defines the process and timelines for the submission and  
            review of prior period adjustments during the Annual ROPS  
            process.


          31)Defines the final SA dissolution process, and the actions  
            required to be performed by the various parties.


          32)Removes the statutory time limits and caps on the amount of  
            tax increment collected by a SA for the purposes of paying  
            enforceable obligations, which includes paying loans approved  
            in the FOC section. 


          33)Allows a SA to amend only once it's Long Range Property  
            Management Plan (LRPMP) prior to January 1, 2016, to include  
            parking facilities and lots as defined.  


             a)   Provides that parking facilities and lots dedicated  
               solely to public parking do not include properties that, as  
               of the date of the transfer pursuant to the LRPMP, generate  
               revenues in excess of reasonable maintenance costs of the  
               properties.
             b)   States that a city, county, city and county, or parking  
               district shall not be required to reimburse or pay a SA for  
               any funds spent on or before December 31, 2010, by a former  
               RDA to design or construct a parking facility.    








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          34)Defines "loan agreements" to mean all of the following:
             a)   Loans for money.  Loans for money entered into between  
               the RDA and the city, county, or city and county that  
               created the RDA under which the city, county, or city and  
               county that created the RDA transferred money to the RDA  
               for use by the RDA for a lawful purpose, and where the RDA  
               was obligated to pay the money it received pursuant to a  
               required repayment schedule.
             b)   Transfer of Real Property.  An agreement between the RDA  
               and the city, county, or city and county that created the  
               RDA under which the city, county, or city and county  
               transferred a real property interest to RDA for a lawful  
               purpose and the RDA was obligated to pay the city, county,  
               or city and county that created the RDA for the real  
               property interest.  


             c)   Third Party Agreements for infrastructure.  An agreement  
               between the RDA and the city, county, or city and county  
               that created the RDA under which the city, county, or city  
               and county that created the RDA contracted with a third  
               party on behalf of the RDA for the development of  
               infrastructure in connection with a RDA project as  
               identified in a redevelopment plan and the RDA was  
               obligated to reimburse the city, county, or city and county  
               the payments made to the third party.  Adds a cap of $5  
               million per agency for third party infrastructure loan  
               repayments to a city, county, or city and county.  


          35)Provides that sponsoring entity loans may be repaid at 3%  
            interest rate calculated from the date of origination of the  
            loan as approved by the RDA on quarterly basis, instead of the  
            LAIF rate.  Requires moneys to be repaid first to the  
            principal, and second to the interest.
          36)Requires distributions to the Low and Moderate Income Housing  
            Asset Fund to be subject to annual reporting requirements.








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          37)Creates a process to use some of the proceeds from the 2011  
            bonds as follows:


             a)   No more than 5% of the proceeds may be expended unless  
               the SA meets the following criteria:
               i)     If the SA has an approved Last and Final ROPS, the  
                 agency may expend no more than 20% of the proceeds.
               ii)    Creates a process that the earlier that the bonds  
                 were issued in 2011, the more the SA is able to expend,  
                 ranging from 45% to 20%.


             b)   If a SA provides the oversight board and the department  
               with documentation that proves that the bonds were approved  
               by the former RDA prior to January 31, 2011, but the  
               issuance of the bonds were delayed by the action of a  
               third-party metropolitan regional transportation authority  
               beyond January 31, 2011, the SA may expend the associated  
               bond proceeds for a total of no more than 45%.
             c)   Any proceeds derived from bonds issued by former RDA  
               after December 31, 2010, that were issued to refund or  
               refinance tax-exempt bonds issued by former RDAs on or  
               before December 31, 2010, and are in excess of the amount  
               needed to refund or refinance may be expended by the SA for  
               a total of no more than 45%.  The SA must provide the  
               oversight board and department the resolution by the former  
               RDA approved the bonds.  


             d)   Applies this section retroactively to actions on or  
               after June 28, 2011.  


             e)   Specifies that any changes to the section regarding the  
               definition of loans will not result in the denial of a loan  
               that has previously been approved by the department prior  








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               to the effective date of this bill. 


          38)Includes language that this subdivision does not impact  
            pending lawsuits including the City of Watsonville v.  
            California Department of Finance and the City of Glendale v.  
            California Department of Finance.   
          39)Requires a SA that does not have a RDA property to dispose of  
            to submit a LRPMP certifying that they do not have properties.


          40)Allows compensation agreements to be arranged by the impacted  
            taxing entity subsequent to the approval of the LRPMP.


          41)Requires the department to consider whether the LRPMPs make  
            good faith efforts to properly dispose of property.


          42)Requires the department to approve LRPMPs as expeditiously as  
            possible.


          43)States that oversight board action to dispose of property per  
            a previously approved LRPMP does not require the department's  
            approval.  


          44)Beginning January 1, 2016, SAs may submit a Last and Final  
            ROPS for approval by the oversight board and the department if  
            the following conditions are met:


             a)   The remaining debt of the SA is limited to  
               administrative costs and payments pursuant to EOs with  
               defined payment schedules
             b)   All remaining obligations have been previously listed on  
               a ROPS and approved for payment by the department









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             c)   The SA is not party to outstanding or unresolved  
               litigation.  SAs that are party to the two cases involving  
               the Los Angeles Unified School District v County of Los  
               Angeles may submit a Last and Final ROPS.


          45)Requires the Last and Final ROPS to list the following:
             a)   EOs to be funded from the Redevelopment Property Tax  
               Trust Fund
             b)   EOs to be funded from bond proceeds or EOs required to  
               be funded from other legally or contractually dedicated or  
               restricted funding sources


             c)   Loans or deferrals authorized for repayment pursuant to  
               Health and Safety Code Section 34171 (d), paragraph (1),  
               subparagraph (G) and Health and Safety Code Section  
               34191.4.


          46)Increases the interest rate to 4% for any SA who enters into  
            a Last and Final ROPS and have outstanding loans or deferrals  
            pursuant to Health and Safety Code Section 34171 (d),  
            paragraph (1), subparagraph (G) and Health and Safety Code  
            Section 34191.4.
          47)Requires the department to review the Last and Final ROPS  
            within 100 days.  Allows for amendments to the Last and Final  
            ROPS only if the changes are agreed to by the successor agency  
            in writing.  If no agreement, the department shall issue a  
            letter denying the Last and Final ROPS.


          48)Allows SA to submit no more than two requests to the  
            department to amend the approved Last and Final ROPS.   
            Requests must first be approved by the oversight board and  
            then submitted to the department.  Does not limit the number  
            of Last and Final amendments requests that comply with final  
            judicial determinations related to the LAUSD cases.








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          49)Allows SA to amend or modify existing contracts or agreements  
            identified in the Last and Final so long as the changes do  
            not: accelerate or increase payments in any ways; extend the  
            timeline of the Last and Final, or increase the amount,  
            directly or indirectly, of RTTPF allocated to the SA. 


          50)Addresses  on-going negative bailout issues for Stanislaus,  
            Plumas, Trinity, and Lassen Counties. 


          51)Addresses past property tax apportionment factors for San  
            Benito County.


          52)Ends the requirement for four cities in Santa Clara County to  
            reimburse the County ERAF for the Tax Equity Allocations (TEA)  
            over a five-year period. 


          53)Appropriates $23,750,000 from the General Fund to the  
            Department of Forestry and Fire Protection in order to forgive  
            monies owed by the newly formed Cities of Jurupa Valley,  
            Menifee, and Wildomar for services rendered by the County of  
            Riverside. 
          FISCAL EFFECT:  Statutory changes contained in this bill related  
          to state costs are consistent with the 2015-16 budget package.  


          COMMENTS:  


          The provisions related to the litigation costs paid out of the  
          administrative cost budget shall not in any way prohibit a  
          nonprofit from collecting payment for attorney fees, should the  
          nonprofit be successful in its lawsuits. 









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          The trailer bill language provides the necessary statutory  
          references to enact the 2015-16 Budget related to redevelopment  
          and local government.    




          Analysis Prepared by:                                             
                          Genevieve Morelos / BUDGET /916-319-2099  FN:  
          0002418