BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1304


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          Date of Hearing:  June 20, 2016


                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                           Sebastian Ridley-Thomas, Chair



          SB  
          1304 (Huff) - As Amended June 8, 2016


          Urgency.  2/3 vote.  Non-fiscal.


          
          SENATE VOTE:  36-0
          SUBJECT:  Property taxation:  disaster relief:  Porter Ranch  
          methane gas leak


          SUMMARY:  Revises the eligibility criteria for reassessment of  
          property, which was damaged or destroyed by a major misfortune  
          or calamity, and thereby retroactively authorizes property tax  
          relief to property owners impacted by the Porter Ranch  
          neighborhood methane gas leak.  Specifically, this bill:  


          1)Authorizes a county board of supervisors to provide for  
            reassessment of property destroyed or damaged by a major  
            misfortune or calamity in an area or region subsequently  
            proclaimed by the Governor to be in a state of emergency, in  
            addition to a state of disaster. 


          2)Expands the definition of "damage" to include a diminution in  
            the value of property as a result of environmental  








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            contamination to the property caused by a major misfortune or  
            calamity.  


          3)Specifies that this bill's provisions apply retroactively to  
            the County of Los Angeles with respect to property located in  
            the Porter Ranch neighborhood in the City of Los Angeles that  
            was affected by the methane gas leak in that area in 2015 and  
            2016.


          4)States that the application for reassessment, in the case of  
            the Porter Ranch properties, may be filed within 12 months of  
            the enactment of this bill or within the time specified in the  
            county ordinance, whichever is later.


          5)Declares that a special law is necessary and that a general  
            law cannot be made applicable within the meaning of Section 16  
            of Article IV of the California Constitution because of the  
            unique circumstances related to the methane gas leak that  
            occurred in the Porter Ranch neighborhood of the City of Los  
            Angeles in 2015 and 2016. 


          6)Makes technical, non-substantive changes. 


          7)Takes effect immediately as an urgency statute necessary for  
            the immediate preservation of the public peach, health or  
            safety within the meaning of Article IV of the California  
            Constitution.


          EXISTING LAW:   


          1)Allows a county board of supervisors, by ordinance, to provide  
            property tax relief to property owners following a "disaster"  








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            if the property owner's property is damaged or destroyed, and  
            the property owner is not at fault.  (Article XIII, Section 15  
            of the California Constitution; Revenue and Taxation Code  
            (R&TC) Section 170). 


          2)Provides that, in order to be eligible for reassessment, the  
            damage or destruction to the property shall have been caused  
            by any of the following:


             a)   A major misfortune or calamity, in an area or region  
               subsequently proclaimed by the Governor to be in a state of  
               disaster.  Defines "damage" to include a diminution in the  
               value of property as a result of restricted access to the  
               property where the restricted access was caused by the  
               major misfortune or calamity;


             b)   A misfortune or calamity; and,


             c)   A misfortune or calamity that, with respect to a  
               possessory interest in land owned by the state or federal  
               government, has caused the permit or other right to enter  
               upon the land to be suspended or restricted. 


          3)Allows the application of reassessment to be filed within the  
            time specified in the ordinance or within 12 months of the  
            misfortune or calamity, whichever is later, as specified. 


          4)Authorizes the Governor to proclaim a state of emergency under  
            specified circumstances, as defined:


             a)   "State of war emergency" is the condition which exists  
               immediately, with or without a proclamation thereof by the  








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               governor, whenever this state or nation is attacked by an  
               enemy of the United States, or upon receipt by the state of  
               a warning from the federal government indicating that such  
               an enemy attack is probable or imminent.


             b)   "State of emergency" is the duly proclaimed existence of  
               conditions of disaster or of extreme peril to the safety of  
               persons and property within the state. 


             c)   "Local emergency" is the duly proclaimed existence of  
               conditions of disaster or of extreme peril to the safety of  
               persons and property within the territorial limits of a  
               county, city and county, or city. 


          FISCAL EFFECT:  According to the State Board of Equalization  
          staff, the fiscal impact of this bill is insignificant.


          COMMENTS:  


           1)Author's Statement  .  The author has provided the following  
            statement in support of this bill:



          "Residents of the Porter Ranch in the City of Los Angeles had  
            been driven from their homes and neighborhood due to harmful  
            gas that was released into the air from neighboring natural  
            gas wells in Aliso Canyon in October of 2015.  After being  
            displaced for months, residents have struggled to manage the  
            lasting impacts of the damage to both their health and  
            property.  This bill is an important step of financial  
            assistance to residents of Porter Ranch during this time of  
            healing and repairing." 
           2)Arguments in Support  .  The proponents state that this bill  








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            would provide much-needed property tax relief to those  
            affected by a disaster and would allow county assessors across  
            the State much flexibility to conduct value reviews on  
            properties located in areas declared by the Governor to be  
            under "state of emergency."  The proponents explain that  
            current law excludes areas that "are merely considered to be  
            'in a state of emergency,' even though existing law allows  
            county assessors to re-value property in areas where a "a  
            misfortune or calamity has occurred and is subsequently  
            proclaimed by the Governor to be in a 'state of disaster.' "   
            They argue that this bill "will provide county assessors  
            broader flexibility to respond to the needs of the public when  
            facing unforeseen events and undefined disasters." 


           3)Disaster Relief:  Background  .  Existing law provides broad  
            property tax relief to disaster victims, ranging from a  
            reassessment of property to an authorization to rebuild or  
            repair damaged property without incurring any increase in  
            property tax liability.  For example, the county assessor may  
            reassess property that was damaged or destroyed in a disaster  
            to recognize the diminution in the property's market value,  
            provided the county in which the damaged property is located  
            has adopted an ordinance authorizing such reassessment and the  
            property owner is not at fault.  As pointed out in the State  
            Board of Equalization (BOE) analysis, the disaster relief  
            applies to both a "major" event impacting a widespread area or  
            region resulting in a Governor's proclamation, such as a  
            wildfire, and a site-specific event, such as a single-home  
            fire.  In the case of a major event, property tax law uses the  
            phrase "an area or region subsequently proclaimed by the  
            Governor to be in a state of disaster."



          State law sets forth a very specific process for taxpayers to  
            follow.  The property value loss must be at least $10,000 and  
            the taxpayer must file a written request with the assessor  
            before the date specified in the ordinance or within 12 months  








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            of the major misfortune or calamity, whichever is later.  If  
            relief is granted, the assessor will reduce the property's  
            assessed value in proportion to the property's market value  
            loss immediately after the event and will send a notice to the  
            taxpayer.  In turn, the county must refund any previously  
            overpaid taxes.  The reduced assessment will remain in place  
            until the taxpayer restores, repairs, or reconstructs the  
            property. 
           4)What Does this Bill Do  ?  This bill would expand eligibility  
            for disaster reassessment.  First, this bill would revise the  
            circumstances under which property would qualify for the  
            reassessment by specifying that a "state of emergency" is a  
            qualifying event.  Currently, the relevant provisions of the  
            statute state that property is eligible for reassessment if  
            the damage or destruction to the property was caused by a  
            major misfortune or calamity ("a disaster") in an area or  
            region subsequently proclaimed by the Governor to be in a  
            "state of disaster."  As aptly noted in the BOE analysis, "the  
            governor does not proclaim a 'state of disaster;' the governor  
            proclaims a 'state of emergency' " (as authorized by the  
            Government Code Sections 8625 and 8558).   The inconsistent  
            terminology causes confusion.  This bill would clarify  
            existing law to state that an area or region must be  
            proclaimed by the Governor to be in a "state of emergency or  
            disaster."  Thus, whenever the Governor proclaims a state of  
            emergency or disaster, the county board of supervisors may  
            allow taxpayers, by ordinance, to apply for reassessment  
            property.  



          Furthermore, this bill would revise the definition of "damage"  
            to include market value loss caused by environmental  
            contamination of the property due to a major misfortunate or  
            calamity that has resulted in a Governor's state of emergency  
            proclamation.  Finally, the revised definition of "damage"  
            would apply retroactively to properties located in the Porter  
            Ranch neighborhood of the City and County of Los Angeles  
            affected in 2015 and 2016 by the methane gas leak.  








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           5)The Porter Ranch Gas Leak  .  On October 23, 2015, a massive  
            natural gas leak was discovered in the Aliso Canyon Natural  
            Gas Storage Facility in Los Angeles County, known today as the  
            Aliso Canyon or Porter Ranch gas leak.  The leak sickened and  
            displaced residents, and may be one of the most harmful  
            environmental events in the country's history according to  
            news reports.  The gas leak spewed an estimated 107,000 tons  
            of methane over 16 weeks. The estimated cost of a massive gas  
            well blowout that lasted nearly four months and uprooted 8,000  
            Los Angeles families has more than doubled to $665 million  
            according to Sempra Energy.  Currently, approximately 54% of  
            relocated residents have returned and more are returning each  
            week.  However, according to the author's office, some 3,700  
            households remain in short- or long-term housing, many because  
            of fears of returning until they are assured their homes are  
            clean and safe.



          On January 6, 2016, the Governor issued a proclamation declaring  
            the situation a "state of emergency."  The proclamation,  
            however, did not declare the situation a "disaster," as  
            required by existing law in order for the board of supervisors  
            to provide for reassessment of damaged properties.   
            Consequently, the Los Angeles County Board of Supervisors  
            could not enact an ordinance directing the assessor to revalue  
            properties to reflect the gas leak's impact on property  
            values.  Furthermore, since the gas leak did not cause  
            physical damage to property, it is unclear whether the Porter  
            Ranch properties were "damaged" within the existing definition  
            of "damage."  
           6)Retroactivity  .  This bill would retroactively apply to  
            properties damaged by the Porter Ranch gas leak.  The affected  
            property owners would be eligible to file reassessment claims  
            within 12 months of this bill's enactment.  As such, residents  
            affected by the gas leak can have their property values (and,  
            therefore, the taxes due) reduced to reflect the restricted  
            access and environmental contamination the gas leak caused.   
            Generally, the Legislature does not apply changes in tax law  








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            retroactively since it would create uncertainty for both  
            taxpayers and tax enforcement agencies.  However, taxpayers  
            can usually obtain refunds when they are eligible for an  
            exemption or transfer and did not claim it on time; the  
            Legislature has enacted bills in the past that change tax law  
            retroactively.  


           7)BOE Technical Amendments  .  This bill expressly provides that  
            the term "damage" includes market value loss related to the  
            property's environmental contamination caused by a misfortune  
            or calamity.  As noted by the BOE staff in its analysis of  
            this bill, this provision is not limited in scope to the  
            recent Porter Ranch gas leak.  The original language of R&TC  
            Section 170 was based on a "market" value system, but under  
            existing law the property's assessed value is not based on a  
            current market value.  BOE staff also notes that it may take  
            decades before contaminated property is "restored" and  
            proposes certain technical amendments to clarify these issues  
            relating to the revised definition of "damage."


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Apartment Association


          California Assessors' Association


          Jeffrey Prang, Los Angeles County Assessor










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          Member G. Runner, State Board of Equalization




          Opposition


          None on file




          Analysis Prepared by:Oksana Jaffe / REV. & TAX. / (916)  
          319-2098