BILL ANALYSIS
SB 67
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SENATE THIRD READING
SB 67 (Ducheny)
As Amended September 4, 2009
2/3 vote. Urgency
SENATE VOTE :Vote not relevant
SUMMARY : Makes clean up revisions to the Proposition 1A (2004)
suspension and securitizing provisions of the July 2009-10
Budget Act enacted through AB 15 X4 (Chapter 14, Statutes of
2009-10 Fourth Extraordinary Session). Specifically, this bill :
1)Increases the minimum size of the Joint Powers Authority (JPA)
from 100 local agencies to 250 local agencies. Ensures the
bonds are sold by a single JPA instead of multiple JPAs,
thereby minimizing costs to the state.
2)Clarifies and revises various dates and timelines to
streamline the process and eliminate potential ambiguity for
bond investors.
3)Allows bond proceeds to be used to reimburse the State
Treasurer (Treasurer) for his work in reviewing the bonds, and
provide a streamlined contracting process so the Treasurer can
quickly procure fiscal advisory services. Under the existing
language, the Treasurer and the Director of Finance have
certain oversight responsibilities to protect the interests of
the State.
4)Removes the requirement for at least two early call dates, and
instead allow periodic interest payments, as approved by the
Director of Finance and State Treasurer. Removing the early
call date requirement will provide more flexibility to
negotiate terms that minimize interest and other costs.
5)Revises the extreme hardship exemption process such that the
determination is made after the anticipated sales of bonds,
but no later than December 1, 2009. If bonds are successfully
sold and allocated, locals will see no revenue loss or delay
associated with the Proposition 1A suspension, and no hardship
exemptions will be granted.
6)Adds "city" and "a city and county" to the existing authority
for a county to borrow funds from a Redevelopment Agency. An
SB 67
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RDA would have the option, but not be required, to loan funds
to a city, county, or city and county to fully or partially
replace their Proposition 1A reduction. No such loan could be
made if the Redevelopment Agency has itself borrowed from its
Low- and Moderate-Income Housing Fund.
7)Makes other technical and clarifying changes requested by
local governments, bond counsel, and the Treasurer's Office to
facilitate the securitization of Proposition 1A receivables.
8)Urgency Clause: Declares this bill take effect immediately as
an urgency statute.
Analysis Prepared by : Adam Dondro / BUDGET / (916) 319-2099
FN: 0003038