BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1332
                                                                  Page  1

          Date of Hearing:   May 28, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     AB 1332 (Salas) - As Amended:  May 14, 2009 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            6-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill (a) expands the property tax exemption currently  
          provided to operators of family housing on military bases to  
          include non-family housing, such as bachelor quarters and  
          barracks, and (b) strengthens existing-law requirements that all  
          property tax savings be used for the benefit of residents.  
          Specifically, the bill:

          1)Enumerates specific projects that can be used to benefit  
            residents, including community improvements such as child care  
            centers and recreation centers, and housing improvements, such  
            as new construction and/or renovations. 


             2)   Requires the private contractor expend its estimated  
               lifetime property tax savings at the time of the original  
               construction, or make expenditures each year in which the  
               exclusion is provided. Provides that, in the latter case,  
               the benefits for each assessment year must be provided  
               within the time period the county assessor may make an  
               escape assessment (usually around four or five years).  

             3)   Provides that any expenditure of property tax savings  
               shall be in addition to any contractual obligation that the  
               private contractor assumed for the construction,  
               renovation, rehabilitation, replacement, management, or  
               maintenance of the military housing.

           FISCAL EFFECT  

          Annual property tax reduction of about $1 million beginning in  








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          2010-11. About a $380,000 loss would accrue to school districts  
          and, under Proposition 98, potentially be backfilled by the GF.

           COMMENTS
           
           1)Background.   Public land, such as military bases and parks, is  
            generally exempt from property taxation. However,  
            privately-leased and/or operated housing and other facilities  
            located on public land may be taxed as a "possessory interest"  
            if the person's possession or use of the property is  
            independent, durable, and exclusive.

            Under the Military Housing Privatization Initiative (MHPI),  
            Congress authorized the privatization of military housing by  
            turning over base housing allowances to developers in exchange  
            for the construction, maintenance, and management of housing.   
            In 2004, California passed Chapter 853 (SB 451, Ducheny),  
            which exempts private contractors' interests in such military  
            base housing from property taxation, provided that (1) the  
            property is  family  housing, and (2) any reduction in property  
            taxes is used solely for the benefit of the residents of the  
            military housing through property improvements. Existing law  
            does not contain an explicit timeframe for contractors to make  
            improvements. 

            In 2003, the United States Congress authorized the Department  
            of the Navy to undertake up to three pilot projects for the  
            privatization of unaccompanied housing. The Navy's first pilot  
            project, Pacific Beacon LLC in San Diego, began in 2007. It  
            privatizes 258 navy -owned units and provides for the  
            construction of 941 apartments as housing for unaccompanied  
            shipboard sailors. 

           2)Rationale.  This bill is sponsored by San Diego County.  Its  
            purpose is to ensure that the private contractor's interest in  
            bachelor housing is also eligible for exemption from the  
            property tax. It is also intended to ensure that property tax  
            savings from the exemption are passed through to residents, in  
            the form of community or housing improvements, in a timely  
            manner.

           3)Related legislation.  AB 1344 (Fletcher), introduced in the  
            current legislative session, also expands the property tax  
            exemption to non-family housing, but differs with respect to  
            when property tax savings must be spent for the residents'  








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            benefit.  That measure specified that such savings may benefit  
            "current or future residents" under a contract between the  
            private contractor and the military. AB 1344 was held on  
            suspense by the Assembly Revenue and Taxation Committee. 

            Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081