BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 975                           |Hearing    |4/6/16   |
          |          |                                 |Date:      |         |
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          |Author:   |Committee on Governance and      |Tax Levy:  |No       |
          |          |Finance                          |           |         |
          |----------+---------------------------------+-----------+---------|
          |Version:  |3/28/16                          |Fiscal:    |No       |
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          |Consultant|Weinberger                                            |
          |:         |                                                      |
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                      Tax increment:  property tax override rates



          Prohibits property tax increment financing districts from  
          diverting property tax revenues that are derived from a  
          voter-approved override property tax rate.


           Background 

           From the early 1950s until they were dissolved in 2011,  
          California redevelopment agencies (RDAs) used property tax  
          increment financing to pay for economic development projects in  
          blighted areas pursuant to the provisions of the Community  
          Redevelopment Law.  Generally, property tax increment financing  
          involves a local government's forming a tax increment financing  
          district to issue bonds and use the bond proceeds to pay project  
          costs within the boundaries of a specified project area.  To  
          repay the bonds, the district captures increased property tax  
          revenues that are generated when projects financed by the bonds  
          increase assessed property values within the project area.  To  
          calculate the increased property tax revenues captured by the  
          district, the amount of property tax revenues received by any  
          local government participating in the district is "frozen" at  
          the amount it received from property within a project area prior  
          to the project area's formation.  In future years, as the  
          project area's assessed valuation grows above the frozen base,  
          the resulting additional property tax revenues --- the so-called  







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          property tax "increment" revenues --- go to the  tax increment  
          financing district instead of going to the participating local  
          governments.  After the bonds have been fully repaid using the  
          incremental property tax revenues, the district is dissolved,  
          ending the diversion of tax increment revenues from  
          participating local governments.

          California's complex property tax laws complicate the process of  
          allocating revenues to property tax increment financing  
          districts.  Proposition 13 (1978) generally limited ad valorem  
          property tax rates to 1%.  The 1% limit on property tax rates  
          did not apply to ad valorem property taxes or special  
          assessments needed to pay the interest and redemption charges on  
          indebtedness approved by voters before July 1, 1978.  For  
          example, in its 1982 decision in Carman v. Alvord, the  
          California Supreme Court ruled that property tax rates outside  
          the base 1% ad valorem rate - commonly referred to as "override"  
          rates - that are imposed to fund employee pension systems  
          approved by the voters before July 1, 1978 are valid under  
          Proposition 13.  Subsequent amendments to the Constitution  
          created additional exceptions to the 1% maximum rate, allowing  
          local governments to levy override ad valorem property tax rates  
          to pay for voter-approved general obligation bond indebtedness  
          (Proposition 46 of 1986 and Proposition 39 of 2000).  

          The California Constitution prohibits RDAs from diverting  
          revenues generated by property tax rates levied to finance bonds  
          approved by voters after 1988 (Proposition 87, 1988).  However,  
          some revenues generated by property tax override rates that had  
          been approved by voters before 1988 were divided into property  
          tax increment revenues, allocated to RDAs, and used by RDAs for  
          economic development projects that were unrelated to the  
          purposes for which voter originally approved the tax.   
          Comingling property tax increment revenues generated by the 1%  
          maximum general property tax rate with property tax increment  
          revenues generated by voter-approved override property taxes has  
          complicated the process of winding down RDAs' affairs.

          Language in statutes governing Infrastructure Financing  
          Districts (IFDs), Enhanced Infrastructure Financing Districts  
          (EIFDs), Community Revitalization and Investment Authorities  
          (CRIAs), and other tax increment financing districts closely  
          mirrors language that governed the division of former RDAs' tax  
          increment revenues.  Some observers worry that these other tax  








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          increment financing districts could replicate some RDAs'  
          practice of diverting revenues from voter-approved override  
          property tax rates.  They want the Legislature to prohibit any  
          property tax revenues generated by voter-approved override rates  
          from being divided into tax increment revenues that are  
          allocated to tax increment financing districts.


           Proposed Law

           Senate Bill 975, notwithstanding any other law, for the purpose  
          of any law authorizing the division of taxes levied upon taxable  
          property prohibits the division of revenues from a  
          voter-approved property tax rate levied in addition to the  
          property tax rate limited by subdivision (a) of Section 1 of  
          Article XIIIA of the California Constitution.  

          SB 975 directs that its prohibition against dividing specified  
          property tax revenues supersedes other laws, except that it does  
          not apply to the allocation of property taxes pursuant to  
          specified statutes governing redevelopment agencies'  
          dissolution.  


           State Revenue Impact

           No estimate.


           Comments

           1.  Purpose of the bill  . Stimulating local economic development  
          by building public projects financed with property tax increment  
          revenues can be a sensible policy in many communities.  However,  
          this worthwhile policy should not rely upon the diversion of tax  
          revenues that were never intended to be used for economic  
          development purposes.  Senate Bill 975 upholds the trust of  
          California voters and taxpayers by ensuring that property tax  
          revenues derived from voter-approved override rates will be used  
          for the purposes intended by the voters rather than for  
          unrelated economic development projects.  


          Support and  








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          Opposition   (3/24/16)


           Support  :  California Economic Summit; California State  
          Association of Counties; County of Santa Clara; Howard Jarvis  
          Taxpayers Association; League of California Cities.

           Opposition  :  Unknown.


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