BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1029


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          SENATE THIRD READING


          SB  
          1029 (Hertzberg)


          As Amended  August 15, 2016


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Local           |9-0  |Eggman, Waldron,      |                    |
          |Government      |     |Alejo, Bonilla, Chiu, |                    |
          |                |     |Cooley,               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Beth Gaines, Gordon,  |                    |
          |                |     |Linder                |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |








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          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |McCarty               |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Requires state and local government debt issuers to  
          report information regarding proposed and outstanding debt to  
          the California Debt and Investment Advisory Commission (CDIAC).   
          Specifically, this bill:   


          1)Requires the report of proposed debt issuance submitted to  
            CDIAC, pursuant to existing law, to include a certification by  
            the issuer that it has adopted local debt policies concerning  
            the use of debt and that the contemplated debt issuance is  
            consistent with those local debt policies.  Requires a local  
            debt policy to include all of the following:


             a)   The purposes for which the debt proceeds may be used;


             b)   The types of debt that may be issued;


             c)   The relationship of the debt to, and integration with,  
               the issuer's capital improvement program or budget, if  
               applicable;


             d)   Policy goals related to the issuer's planning goals and  
               objectives; and,  


             e)   The internal control procedures that the issuer has  
               implemented, or will implement, to ensure that the proceeds  
               of the proposed debt issuance will be directed to the  








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               intended use.  


          2)Provides that a bond issuer that issues bonds on behalf of  
            another governmental entity may rely upon a certification by  
            that other governmental entity that it has adopted specified  
            debt policies.


          3)Requires, on or after January 21, 2017, any state or local  
            government debt issuer to provide an annual report to CDIAC  
            for any issue of debt for which the issuer has submitted a  
            report of final sale, pursuant to existing law. 


          4)Requires the annual report to cover a reporting period from  
            July 1 to June 30, inclusive, and to be submitted no later  
            than seven months after the end of the reporting period by any  
            method approved by CDIAC.  Requires the annual report to  
            contain the following information:


             a)   Debt authorized during the reporting period, as  
               specified;


             b)   Debt outstanding during the reporting period, as  
               specified; and,


             c)   The use of proceeds of issued debt during the reporting  
               period, as specified.  


          5)Requires CDIAC, before approving any annual reporting method  
            of reporting, to consult with the appropriate state and local  
            debt issuers, as specified, for purposes which include, but  
            are not limited to making proposed reporting methods more  
            efficient and less burdensome for debt issuers.  








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          6)Requires compliance with the annual reporting requirements for  
            each issue of debt with outstanding debt, debt that has been  
            authorized but not issued, or both during the reporting  
            period.


          7)Authorizes CDIAC, if technology permits, to develop an  
            alternate reporting method, provided that any alternate  
            reporting method is in furtherance of the purpose of  
            collecting the data required by this bill.  Requires CDIAC,  
            before approving an alternate reporting method, to consult  
            with appropriate state and local debt issuers and  
            organizations representing debt issuers for purposes which  
            include, but not limited to making a proposed reporting method  
            more efficient and less burdensome for debt issuers.  


          8)Expands the list of CDIAC's responsibilities under existing  
            law to include tracking and reporting on all state and local  
            outstanding debt, until fully repaid or redeemed.  


          9)Deletes the existing requirement that specified information  
            from CDIAC must be readily available upon request by any  
            public official or any member of the public, and instead,  
            requires the information to be available to the public.  


          10)Provides that is the intent of the Legislature that all debt  
            issuance of state and local governments be published in a  
            single, transparent online database that allows the citizens  
            of California to analyze, interpret, and understand how debt  
            authorized by the public is utilized to finance facilities and  
            services at the state and local level.  


          FISCAL EFFECT:  According to the Assembly Appropriations  








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          Committee:


          1)CDIAC administrative costs of approximately $132,000 in the  
            first two years (1 Personnel Year (PY)), $261,000 in years  
            three and four (2 PY), and $393,000 annually thereafter (3 PY)  
            for  new positions to receive, review, process, and include  
            reported data on new debt issuances in its database.  (CDIAC  
            Fund); and,


          2)CDIAC indicates that any one-time costs for systems upgrades  
            would be minor and absorbable.  Staff notes that there could  
            be future cost pressures to the extent the bill authorizes  
            CDIAC to develop alternative reporting methods for data  
            collection.  CDIAC indicates it would absorb any future costs  
            for these upgrades (CDIAC Fund).  


          COMMENTS:  


          1)Current Reporting Requirements.  Under the State Treasurer,  
            CDIAC collects, maintains, and provides comprehensive  
            information on all state and local debt authorization and  
            issuance, and serves as a statistical clearinghouse for all  
            state and local debt issues.  State and local government debt  
            issuers must report to CDIAC on proposed debt 20 days prior to  
            the sale of debt issuance, and a report no later than 21 days  
            after the sale of debt.  Some types of statutory authority for  
            bond issuance also contain additional reporting requirements.   
            For example, among the list of reports that state and local  
            government debt issuers are required to submit to CDIAC is a  
            specific requirement on all local government issuers of  
            Mello-Roos bonds to provide a fiscal status report every year  
            until the bonds have been retired.  


          2)Bill Summary.  This bill builds on existing reporting  








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            requirements to CDIAC for state and local government debt  
            issuers.  This bill adds to the report that state and local  
            government issuers of proposed debt must submit to CDIAC to  
            include a certification that the issuer has adopted local debt  
            policies and that the use of debt is consistent with adopted  
            local policies.  Additionally, state and local debt issuers  
            that submit a report, pursuant to existing law, following the  
            sale of debt will also be required to submit an annual report.  
             This bill is sponsored by California State Treasurer, John  
            Chiang.  


          3)Author's Statement.  According to the author, "SB 1029 imposes  
            some additional reporting requirements on debt issuers that  
            will benefit taxpayers, investors, and public agencies.   
            Taxpayers deserve to have enough information to determine,  
            with confidence, that public officials are being good stewards  
            of public funds.  Investors will benefit from having more  
            knowledge about the types of internal controls that  
            governments have in place to ensure that debt proceeds are  
            used as promised.  Following broadly-accepted best-practices,  
            like adopting debt policies, will benefit government debt  
            issuers by reducing the potential for incidents of fraud or  
            mismanagement, thereby improving fiscal outcomes for public  
            agencies.  The enhanced transparency requirements imposed by  
            SB 1029 are similar to requirements that already apply to some  
            types of debts, including Mello-Roos districts' bonds and  
            school districts' general obligation bonds.  Applying similar  
            standards to all types of state and local debt is a  
            common-sense response to concerns about how debt proceeds are  
            being managed in California."  


          4)Task Force.  Following the controversy in 2015, when news  
            reports revealed that approximately $1.3 million in bond  
            proceeds held by the Association for Bay Area Governments'  
            Finance Authority were missing, the State Treasurer created a  
            Task Force on Bond Accountability (Task Force).  The Task  
            Force developed best practice guidelines for how bond proceeds  








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            should be managed to reduce the risk of fraud, waste, and  
            abuse and to identify strategies to increase transparency and  
            oversight of the use of bond funds.  


          5)Arguments in Support.  The State Treasurer argues that this  
            bill builds on the work of the Task Force and will give the  
            public the information necessary to assess whether bond  
            proceeds were utilized for their lawful and intended purpose.   
            


          6)Arguments in Opposition.  California's Coalition for Adequate  
            School Housing (CASH), argues "Due to the duplicative efforts  
            and additional costs that the bill would make on K-12 school  
            districts we respectfully request that schools be excluded  
            from SB 1029?"




          Analysis Prepared by:                                             
                          Misa Lennox / L. GOV. / (916) 319-3958  FN:  
          0004192