BILL ANALYSIS
Appropriations Committee Fiscal Summary
AB 1811 (Reyes)
Hearing Date:8/29/00 Amended:8/18/00
Consultant: Anne Maitland Policy Vote:Housing:
5-0
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BILL SUMMARY:
AB 1811 allows the Tax Credit Allocation Committee to
commit future years' tax credits for the farmworker housing
program for specified projects, allows the credit to be
awarded before costs are incurred, and allows the credit to
be used by the taxpayer once the farmworker housing is
placed in service.
Fiscal Impact (in thousands)
Major Provisions 2000-01 2001-02 2002-03
Fund
Credit unknown revenue loss of $100k or more per
year General
STAFF COMMENTS:
This bill may meet the criteria to be placed on the
Suspense file. Although the Tax Credit Allocation
Committee is authorized to allocate up to $500,000 a year
in credits and to roll over any unallocated credits into
future years, no credits have been allocated yet. This
means that there is $1.5 million (for 1998, 1999, and 2000)
in credits available to be allocated. To the extent that
the changes made by AB 1811 make it more attractive to
taxpayers to build low-income housing, there will be a
revenue loss.
Current law provides for a credit for income and corporate
taxpayers who build farmworker housing, equal to 50% of the
costs of the housing. Each year, the Tax Credit Allocation
Committee may award a total of $500,000 in credits for this
program and for a program that provides tax credits to
banks which provide loans for farmworker housing at
below-market rates. To be awarded the credit, the taxpayer
must have first incurred at least some construction costs.
To claim the credit on a tax return, the farmworker housing
built by the taxpayer must be occupied.
AB 1811 allows the credit to be awarded prior to a taxpayer
incurring construction costs and to be claimed on a tax
return when the property is placed in service (ready for
occupancy) instead of occupied. In addition, it allows the
Tax Credit Allocation to reserve some or all of future
years' credit allocations for particular projects.
AB 1811 also exempts regulations promulgated by the Tax
Credit Allocation Committee for the farmworker housing
credit program from Office of Administrative Law review and
allows the Committee to develop emergency regulations for
this program. A similar exemption exists for the
low-income housing credit program.