California Assembly Bill 1288
Session 20212022
Income tax credits: low-income housing: California Debt Limit Allocation Committee rulemaking.
Active
Vetoed by Governor on Sep 29, 2022
Origin Chamber
Assembly
Type
Bill
Bill Number
1288
State
California
Session
20212022
Motion Text
AB 1288 Quirk-Silva Concurrence in Senate Amendments
Assembly Roll Call Votes
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Summary
Existing federal law prescribes a volume ceiling on the aggregate amount of private activity bonds that may be issued in a state. Existing law creates the California Debt Limit Allocation Committee (CDLAC) for the purpose of administering the volume limit for the state on private activity bonds through an allocation system. Existing law authorizes CDLAC to adopt, amend, or repeal rules and regulations as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act.
This bill, instead, would authorize CDLAC to adopt, amend, or repeal rules and regulations without complying with the procedural requirements of the Administrative Procedures Act, except as specified. The bill would make rules and regulations adopted, amended, or repealed by CDLAC effective immediately upon adoption. The bill would repeal these changes to existing law on January 1, 2028.
Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee (CTCAC) provides procedures and requirements for the allocation, in modified conformity with federal law, of state insurance, personal income, and corporation tax credit amounts to qualified low-income housing projects that have been allocated, or qualify for, a federal low-income housing tax credit, and farmworker housing. Existing law limits the total annual amount of the state low-income housing credit for which a federal low-income housing credit is required to the sum of $70,000,000, as increased by any percentage increase in the Consumer Price Index for the preceding calendar year, any unused credit for the preceding calendar years, and the amount of housing credit ceiling returned in the calendar year.
Existing law provides for an additional allocation of $500,000,000 in low-income housing tax credits for the 2020 calendar year and up to $500,000,000 for the 2021 calendar year and thereafter. Existing law provides that the additional amount for the 2021 calendar year and thereafter is available only if the Budget Act or related legislation specifies an amount available for allocation. Existing law authorizes CTCAC to allocate up to $200,000,000 of this amount for housing financed by the California Housing Finance Agency (CalHFA) under its Mixed-Income Program. Existing law makes a housing sponsor receiving a nonfederally subsidized allocation ineligible for receipt of this increased housing credit allocation.
This bill would, for any calendar year in which CDLAC has declared a competition for the award of tax-exempt bond authority for qualified residential rental projects, authorize CTCAC to allocate some or all of the additional credit amount, other than credits allocated for housing financed by CalHFA under these provisions, to nonfederally subsidized buildings and require CTCAC to allocate the remainder for new buildings, as defined by specified federal law, that are federally subsidized and can begin construction within a reasonable time as determined by the California Tax Credit Allocation Committee. For any calendar year in which CDLAC has not declared a competition for the award of tax-exempt bond authority for qualified residential rental projects, the bill would require a project receiving an award of credits from the additional credit allocation to begin construction within a reasonable time as determined by the California Tax Credit Allocation Committee.
For purposes of determining the amount of low-income housing tax credit allocated under the above-described provisions, existing law defines various terms, including the term "applicable percentage." In the case of any qualified low-income building that receives an allocation of the $70,000,000 credit amount available under existing law and meets specified additional criteria, existing law defines "applicable percentage" to mean 30% for each of the first 3 years and 5% for the 4th year.
This bill would revise the above-described definition of "applicable percentage" to delete the limitation that the qualified low-income building receive an allocation of the $70,000,000 credit amount available under existing law, thereby applying this definition to any qualified low-income building that meets the above-described criteria.
Existing law authorizes a taxpayer to elect in its application to CTCAC to sell all or any portion of the low-income housing tax credit to one or more unrelated parties for each taxable year in which the credit is allowed, as specified.
This bill would make a taxpayer who has purchased a credit eligible to claim the credit commencing in the year the building is placed in service and the federal credit period commences notwithstanding that CTCAC has not certified the amount of the tax credit. The bill would prohibit the taxpayer from claiming an amount of credit that exceeds the lesser of 9% of the qualified basis of the building set forth in the preliminary reservation or the amount of credit for which the project is eligible as certified in the "taxpayer certification," which the bill would define for these purposes as the certification by the certified public accountant of the taxpayer who originally received the preliminary reservation of credits. The bill would authorize CTCAC to elect to rely upon the taxpayer certification for the purposes of making its required certification, and to review the taxpayer certification and other information provided by the taxpayer who originally received the preliminary reservation of credits, as specified. In the event CTCAC issues a certification that is inconsistent with the taxpayer certification, the bill would require the taxpayer to amend any previously filed tax returns as needed to reflect the credit amount certified by CTCAC.
This bill would make technical and conforming changes to the low-income housing tax credit program.
This bill would incorporate additional changes to Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code proposed by AB 1654 to be operative only if this bill and AB 1654 are enacted and this bill is enacted last.
This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
02/19/21 - Introduced
February 19, 2021
04/05/21 - Amended Assembly
April 5, 2021
04/26/21 - Amended Assembly
April 26, 2021
01/24/22 - Amended Assembly
January 24, 2022
05/17/22 - Amended Senate
May 17, 2022
06/21/22 - Amended Senate
June 21, 2022
08/01/22 - Amended Senate
August 1, 2022
08/22/22 - Amended Senate
August 22, 2022
09/01/22 - Enrolled
September 1, 2022
07/01/21- Assembly Revenue and Taxation
July 1, 2021
01/07/22- Assembly Revenue and Taxation
January 7, 2022
01/18/22- Assembly Appropriations
January 18, 2022
01/25/22- ASSEMBLY FLOOR ANALYSIS
January 25, 2022
05/26/22- Senate Housing
May 26, 2022
06/13/22- Senate Governance and Finance
June 13, 2022
08/06/22- Senate Appropriations
August 6, 2022
08/13/22- Sen. Floor Analyses
August 13, 2022
08/23/22- Sen. Floor Analyses
August 23, 2022
08/29/22- ASSEMBLY FLOOR ANALYSIS
August 29, 2022
10/05/22- ASSEMBLY FLOOR ANALYSIS
October 5, 2022
Sort by most recent
09/29/2022
Assembly
Vetoed by Governor.
09/07/2022
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/30/2022
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 0.).
08/29/2022
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/29/2022
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 0. Page 5182.).
08/23/2022
Senate
Read second time. Ordered to third reading.
08/22/2022
Senate
Read third time and amended. Ordered to second reading.
08/11/2022
Senate
Read second time. Ordered to third reading.
08/11/2022
Senate
From committee: Do pass. (Ayes 6. Noes 0.) (August 11).
08/08/2022
Senate
In committee: Referred to suspense file.
08/01/2022
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
06/21/2022
Senate
Read second time and amended. Re-referred to Com. on APPR.
06/20/2022
Senate
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 15).
06/01/2022
Senate
From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 7. Noes 0.) (May 31). Re-referred to Com. on GOV. & F.
05/17/2022
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.
05/04/2022
Senate
Referred to Coms. on HOUSING and GOV. & F.
02/01/2022
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
01/31/2022
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 0. Page 3441.)
01/25/2022
Assembly
Read second time. Ordered to third reading.
01/24/2022
Assembly
Read second time and amended. Ordered returned to second reading.
01/20/2022
Assembly
From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (January 20).
01/11/2022
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (January 10). Re-referred to Com. on APPR.
07/05/2021
Assembly
In committee: Hearing postponed by committee.
04/27/2021
Assembly
Re-referred to Com. on REV. & TAX.
04/26/2021
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
04/06/2021
Assembly
Re-referred to Com. on REV. & TAX.
04/05/2021
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended.
03/04/2021
Assembly
Referred to Com. on REV. & TAX.
02/22/2021
Assembly
Read first time.
02/20/2021
Assembly
From printer. May be heard in committee March 22.
02/19/2021
Assembly
Introduced. To print.
Sources
Record Created
Feb 20, 2021 6:04:17 AM
Record Updated
Oct 27, 2022 6:25:05 AM