BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1465|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SB 1465
          Author:   De León (D), et al.
          Amended:  5/31/16  
          Vote:     21 

           SENATE GOVERNMENTAL ORG. COMMITTEE:  11-1, 4/12/16
           AYES:  Hall, Berryhill, Block, Gaines, Galgiani, Glazer,  
            Hernandez, Hill, Hueso, Lara, McGuire
           NOES:  Vidak
           NO VOTE RECORDED:  Runner

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SUBJECT:   Public contracts:  2024 Olympic Games and Paralympic  
                     Games


          SOURCE:    Author
          
          DIGEST:    This bill authorizes the Governor to sign agreements  
          with the International Olympic Committee (IOC) and the  
          International Paralympic Committee (IPC) as part of the site  
          selection process for the City of Los Angeles' bid to host the  
          2024 Olympic Games and Paralympic Games.  This bill also  
          authorizes the Governor to enter into an agreement for the state  
          to be jointly liable (up to $250 million), as specified, with  
          the Organizing Committee for the Olympic Games (OCOG), a  
          nonprofit corporation, for obligations of the OCOG and for any  
          financial deficit relating to the games, and establishes the  
          Olympic Games Trust Fund.

          ANALYSIS:  Existing law provides specified requirements in  








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          awarding certain public contracts.
          
          This bill:

           1) Enacts the 2024 Olympic Games and Paralympic Games Act for  
             the purpose of establishing a structure to provide financial  
             guarantees, as required by the IOC, that California and the  
             City of Los Angeles are prepared to host the summer games.

           2) Makes the following legislative findings and declarations:

              a)    Hosting the games in California is expected to  
                generate billions of dollars for the state's economy;

              b)    The OCOG, on behalf of the City of Los Angeles, has  
                developed a self-sufficient bid for financing the games,  
                including sufficient funds to reimburse local and regional  
                governments for services provided during the games;

              c)    The City of Los Angeles plans to host a sustainable  
                and environmentally responsible games, has committed to  
                sports and recreational opportunities for young people  
                throughout the area and plans to develop and implement a  
                unique and broad-based cultural program; 

              d)    The City of Los Angeles has involved athletes, sports  
                professionals, environmentalists, business and financial  
                experts, nonprofit organizations, youth service leaders  
                and other individuals who represent the entire diversity  
                of the Los Angeles area; and,

              e)    The City of Los Angeles expects there will be net  
                revenue exceeding expenses that can be devoted to legacy  
                programs for youth and citizens of California.

           3) Defines "games support contract" to mean a joinder agreement  
             executed by the Governor and containing terms permitted or  
             required by this bill.  Also, defines "joinder agreement" to  
             mean an agreement entered into by the Governor, on behalf of  
             the state, and the IOC and the IPC setting out  
             representations and assurances by the state in connection  
             with the selection of a site in this state for the location  
             of the games.








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           4) Authorizes the Governor to enter into a joinder agreement  
             specifying that the state shall provide or cause to be  
             provided any or all of the state government funding,  
             facilities, and other resources specified in the OCOG's bid  
             to host the games. 

           5) Provides that the agreements shall accept liability for  
             obligations of the OCOG to a site selection organization,  
             including obligations indemnifying the site selection  
             organization against claims and liabilities to third parties  
             arising out of or relating to the games.

           6) Provides that any liability for an amount in excess of $250  
             million shall be the responsibility of the OCOG.  Also,  
             provides that the OCOG will be bound by a series of  
             agreements with the site selection organization as set forth  
             in the joinder agreement.

           7) Establishes within the State Treasury a special fund to be  
             known as the "Olympic Games Trust Fund" and provides that the  
             state may choose to fund the Olympic Games Trust Fund in any  
             manner it considers appropriate and at the time or times the  
             state determines necessary.  Funds in the Trust Fund may be  
             used only for the sole purpose of fulfilling the obligations  
             of the state under a games support contract to provide  
             adequate security, as specified.

           8) Provides that no additional state funds shall be deposited  
             into the Olympic Games Trust Fund once the Director of  
             Finance determines that the account has achieved a sufficient  
             balance to provide adequate security to demonstrate the  
             state's ability to fulfill its obligations under a games  
             support contract, or any other agreement, to indemnify and  
             insure up to $250 million of any net financial deficit and  
             general liability resulting from the conduct of the games.

           9) Provides that if the City of Los Angeles is selected by the  
             site selection organization as the host city for the games,  
             the Olympic Games Trust Fund shall be maintained until a  
             determination by the Department of Finance is made that the  
             state's obligations under a games support contract, or any  
             other agreement, to indemnify and insure against any net  
             financial deficit and general liability resulting from the  
             conduct of the games are satisfied and concluded, at which  







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             time the trust fund shall be terminated.  Also, stipulates  
             that if the City of Los Angeles is not selected by the site  
             selection organization as the host city for the games, the  
             Olympic Games Trust Fund shall be immediately terminated and  
             any monies therein shall immediately revert to the General  
             Fund.

           10)Stipulates that all moneys deposited, transferred, or  
             otherwise contained in the trust fund shall be, upon  
             appropriation by the Legislature, used for the sole purpose  
             of obtaining adequate security to demonstrate the state's  
             ability to fulfill its obligations under a games support  
             contract, or any other agreement, to indemnify and insure up  
             to $250 million of any net financial deficit and general  
             liability resulting from the conduct of the games.

           11)Makes it explicit that the state, along with the City of Los  
             Angeles, will be the payer of last resort with regard to any  
             net financial deficit.  Also, provides that any financial  
             security provided by this bill may not be accessed until the  
             security provided by the OCOG or by any other entity is  
             exhausted and any insurance policies covering the state's  
             liability are exhausted.   

          Background

          Purpose of SB 1465.  The Los Angeles bid for the 2024 Summer  
          Olympics and Paralympics is an ongoing attempt to bring the 2024  
          Olympic Games (XXXIII Olympiad) to the City of Los Angeles.  Los  
          Angeles is one of four candidate cities vying for the games -  
          along with Paris, France; Rome, Italy; and Budapest, Hungary.   
          The IOC is scheduled to select a host city in September 2017.

          Los Angeles was chosen by the United States Olympic Committee  
          (USOC) on August 28, 2015 after the Los Angeles City Council  
          voted unanimously to back the bid.  The City of Boston was  
          originally chosen to be the American bid, but withdrew in late  
          July 2015 due to potential cost overruns.

          According to the author's office, this bill establishes a  
          structure to provide state financial guarantees to demonstrate  
          that California is serious and prepared to host the 2024 Olympic  
          Games and Paralympic Games.  This guarantee is required by the  
          USOC and IOC as a prerequisite before any city can be considered  







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          for hosting an Olympic Games.  Furthermore, the USOC and IOC  
          require that all bid states and bid committees execute certain  
          agreements including the authorized agreements contain in this  
          bill.

          This bill proposes that the state's liability shall not exceed  
          the amount of funds appropriated (up to $250 million) to the  
          Olympic Games Trust Fund.  The funds may only be used for the  
          sole purpose of fulfilling the obligations of the state under a  
          games support contract to demonstrate adequate financial  
          security.  Any liability above this amount shall be the  
          responsibility of the OCOG.

          Los Angeles has hosted two prior Olympic Games with great  
          success - in 1932 (the X Olympiad) and 1984 (the XXIII  
          Olympiad).  The author's office notes that hosting the 2024  
          Olympic Games and Paralympic Games in Los Angeles is expected to  
          generate billions of dollars of economic revenue for the state  
          and local economies.

          Prior/Related Legislation
          
          SB 41 (De Leon, 2015) would have authorized the state to enter  
          into an agreement with the USOC in connection with the City of  
          Los Angeles' bid to host the 2024 Olympic Games and Paralympic  
          Games.  (Held in the Senate Governmental Organization Committee  
          at author's request.) 

          AB 300 (Nunez, Chapter 4, Statutes of 2007) authorized the  
          Governor to sign agreements required by the USOC as part of the  
          City of Los Angeles' 2016 Olympic Games bid process.  The bill  
          also authorized the Governor to make the state jointly liable  
          (not to exceed $250 million), as specified, with the OCOG, a  
          nonprofit corporation, for obligations of the OCOG and for any  
          financial deficit relating to the games, and established the  
          Olympic Games Trust Fund.

          SB 1987 (Burton, Chapter 16, Statutes of 2002) established a  
          structure for the state to indemnify, insure and provide  
          financial guarantees up to $250 million as required by the USOC  
          to further the bid of the San Francisco Bay Area to host the  
          2012 Summer Olympic Games.  The bill also provided the Governor  
          the authority to sign any contracts on behalf of the state as  
          part of the bid process. 







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          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


          According to Senate Appropriations Committee, potential future  
          state costs of up to $250 million*, should Los Angeles be  
          selected as the site of the 2024 Olympics by the IOC.  State  
          costs would only occur if the 2024 games incurred large  
          financial deficits, and all other securities provided by  
          non-state entities are exhausted.

          *The liability may be secured by a General Fund appropriation or  
          by insurance coverage, letters of credit, or other acceptable  
          secured instruments purchased or secured by the General Funds,  
          or by any combination thereof.
          
          SUPPORT: (Verified 5/31/16) 

          City of Anaheim
          City of Bakersfield
          City of Fresno
          City of Long Beach
          City of Los Angeles
          City of Oakland
          City of Sacramento
          City of San Diego
          City and County of San Francisco
          City of San Jose
          City of Santa Ana
          Los Angeles Area Chamber of Commerce
          Los Angeles Olympic Games 2024
          Los Angeles/Orange County Building Trades Council
          State Building and Construction Trades Council of California

          OPPOSITION:  (Verified 5/31/16)

          None received


          Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
          5/31/16 21:52:01









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