BILL ANALYSIS Ó SB 107 Page 1 (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 | | | | | | | SB 107 Page 2 | | | | | ------------------------------------------------------------------ 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 SB 107 Page 3 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. SB 107 Page 4 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 SB 107 Page 5 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 SB 107 Page 6 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. SB 107 Page 7 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. SB 107 Page 8 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 SB 107 Page 9 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 SB 107 Page 10 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. SB 107 Page 11 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. SB 107 Page 12 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