Bill No: AB 893 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Roderick D. Wright, Chair 2011-2012 Regular Session Staff Analysis AB 893 Author: V. Manuel Perez As Amended: May 31, 2011 Hearing Date: June 28, 2011 Consultant: Art Terzakis SUBJECT California Infrastructure and Economic Development Bank DESCRIPTION AB 893 makes the following substantive changes to the California Infrastructure and Economic Development Bank Act of 1994: 1. Adds a new section of law that requires the California Infrastructure and Economic Development Bank (I-Bank) to provide “technical support” to small and rural communities in order to obtain financing for infrastructure projects. 2. Defines “technical support” to mean assisting communities in developing strategic plans, writing grants, applying for public/private loans and guarantees, issuing bonds, and other activities directly related to obtaining funding for projects. 3. Permits the I-Bank to contract with other state, local and federal entities for the purpose of providing technical support. 4. Requires the I-Bank to report its outreach activities through its annual report and expands the distribution of that report to include the appropriate fiscal and policy committees of the Legislature. EXISTING LAW Existing law establishes the I-Bank Fund in the State Treasury, and requires that moneys in that fund are only used for specified purposes. Existing law requires the I-Bank to submit an annual report to the Governor, and the Joint Legislative Budget Committee, that contains specified requirements. BACKGROUND The I-Bank: To address a growing backlog of public infrastructure needs, particularly at the local level, the Legislature enacted the Bergeson-Peace Infrastructure and Economic Development Bank Act in 1994 (Assembly Bill 1495 – Peace and Senate Bill 101 – AB 893 (V. Manuel Perez) continued Page 2 Bergeson). These measures created the I-Bank to help local communities finance necessary infrastructure and various community development projects (e.g., city streets; state and county highways; drainage, water supply and flood control; educational facilities; environmental mitigation measures; parks and recreational facilities; public transit; port facilities; water treatment and distribution; solid waste collection and disposal; power and communication; public safety facilities, including police stations and fire stations; and, defense conversion projects, among others). The I-Bank supports economic development and public and private infrastructure investments through its authority to issue bonds, make loans and provide credit enhancements. Housed within the Business Transportation and Housing Agency (BTH), the I-Bank has a five-member board of directors that approves projects. The board includes the BTH Secretary, who serves as the chair, the State Treasurer, the Director of the Department of Finance, the Secretary of the State and Consumer Services Agency and an appointee of the Governor. The I-Bank’s Executive Director is appointed by the Governor and confirmed by the Senate. The I-Bank does not receive direct state funding. Funding comes from fees, interest income, and revenues tied to financing activities. The I-Bank manages the following programs: The Infrastructure State Revolving Fund Program (ISRF) which provides lowcost loan financing to local agencies for public infrastructure projects. The Industrial Development Revenue Bond Program (IDB) which provides taxexempt revenue bond financing for eligible manufacturing companies. The 501(c)(3) Revenue Bond Program which offers tax-exempt revenue bond financing for certain nonprofit, public benefit corporations. The State School Fund Apportionment Lease Revenue Bond Program which offers tax-exempt revenue bond financing for school districts needing emergency apportionment loans. The Public Agency Revenue Bond Program which provides tax-exempt revenue bond financing for governmental entities. The Infrastructure Guarantee Program which guarantees bonds issued by other governmental entities. Purpose of AB 893: According to the author’s office this measure is intended to enhance the I-Bank’s outreach to small and rural communities, which often are ill-equipped to pursue infrastructure and economic development investments. Improved outreach will ensure that communities that often most need economic development assistance get the support they need. AB 893 also enhances the reporting requirements of the I-Bank, supporting improved accountability. Assembly Jobs, Economic Development and the Economy Oversight Hearing: the author’s office notes that with California workers and businesses facing some of the harshest economic conditions since the Great Depression, the Chairman of the Assembly AB 893 (V. Manuel Perez) continued Page 3 Jobs, Economic Development and the Economy (JEDE) Committee has focused the Committee's efforts during the prior and current legislative session on engaging the public in the recovery dialogue. Through these events JEDE has found that one of California's challenges in moving forward is the state's aging infrastructure and its inability to support the innovation economy that is fundamental to retaining the state's global competitiveness. In fact, research shows that California's historical position as a leader in innovation and technology is being challenged not only from abroad, but also by other states that are investing in a range of infrastructure and technology supporting activities. On March 30, 2011, the JEDE Committee held an oversight hearing to examine how infrastructure development impacted local, state and federal economic recovery efforts and California's economic position in a post-recession economy. Following the hearing, JEDE released a preliminary list of recommendations to better align the authorities of the I-Bank with the state's current and future infrastructure needs. The committee’s recommendations have been included in the following four bills: AB 700 (Blumenfield); AB 696 (Hueso); AB 893 (V. Manuel Pérez) and AB 1094 (John A. Pérez). PRIOR/RELATED LEGISLATION SB 727 (Berryhill) of 2011-12 Session. Would have removed the requirement that public works financed under the I-Bank comply with the prevailing wage requirements. (Held in Senate Labor and Industrial Relations Committee) AB 696 (Hueso) 2011-12 Session. Would direct the I-Bank to establish a methodology for determining the economic benefits of projects under consideration and, as of January 1, 2013, restricts the I-Bank to approve only those projects that provide economic benefits and meet land use criteria. (Pending in Senate Governance & Finance) AB 700 (Blumenfield) 2011-12 Session. Would require the I-Bank to adopt two-year goals and measurable objectives, consistent with state infrastructure, economic development and environmental plans and authorizes the I-Bank to pursue streamlined administrative functions. (Pending in Senate Governance & Finance) AB 1094 (John A. Pérez) 2011-12 Session. Would establish the I-Bank as the primary state agency to secure funding through any federal infrastructure financing authority, and expands the I-Bank’s board from five to seven members. (Pending in Senate Rules) AB 1047 (Perez) of 2009-10 Session. Would have established a new program within the I-Bank that would use bond proceeds to assist small and rural communities to obtain bond financing for infrastructure projects. The technical support could include drafting of strategic plans, writing grants, applying for public and private loans and obtaining funding for infrastructure projects. (Held on the Assembly Appropriations Committee Suspense File) AB 1272 (Arambula) of 2009-10 Session. Would have established a new program within the I-Bank that would use bond proceeds to assist small and rural communities to obtain bond financing for infrastructure projects. (Held on the Assembly Appropriations Committee Suspense File) AB 893 (V. Manuel Perez) continued Page 4 AB 1855 (Maze) Chapter 189, Statutes of 2004. Required the I-Bank to notify the Governor and the appropriate fiscal and policy committees of the Legislature when changes are made to criteria, priorities and guidelines for project selection. AB 922 (Maze) of 2003-04 Session. Would have codified existing criteria, priorities and guidelines adopted by the I-Bank’s board of directors for the selection of projects that receive Infrastructure State Revolving Fund Program financing from the Bank. AB 112 (Longville) 2001-02 Session. Would have included the acquisition of sensitive “wildlife habitat” as an eligible project for I-Bank financing. (Held in Senate Appropriations Committee) AB 31 (Reyes) Chapter 746 of 2001. Established, until 1/1/07, the Central Valley Infrastructure Grant Program for the purpose of providing grants, for qualifying projects to rural “small” cities in the Counties of Fresno, Kings, Kern, Madera, Merced, Stanislaus, San Joaquin and Tulare. SB 975 (Alarcon) Chapter 938 of 2001. Clarified that all public works projects financed through the I-Bank’s issuance of industrial development bonds must comply with certain laws applicable to payment of “prevailing wages.” SCA 4 (Johannessen) 2001-02 Session. Would have created the California 21st Century Infrastructure Investment Fund for the purpose of funding capital outlay projects. (Held in Senate Appropriations) SB 1758 (Peace) Chapter 1079, Statutes of 2000. Modified the definition of public development facilities for purposes of the I-Bank Act, to include property that is related to providing “water supply” services. SB 808 (Peace) Chapter 936, Statutes of 1999. Revised the definition of “communication” facilities for purposes of the I-Bank Act, to include electric and gas facilities. SUPPORT: As of June 24, 2011: California Association for Local Economic Development California Chamber of Commerce CDC Small Business Finance Northern California Small Business Development Center Program Inland Empire Economic Partnership UC Merced Small Business Development Center Regional Network Yuba-Sutter Economic Development Corporation OPPOSE: None on file as of June 24, 2011. FISCAL COMMITTEE: Senate Appropriations Committee