ITEM:   

CONSENT CALENDAR

 

4.

CONSIDER AUTHORIZING BOARD CHAIR TO SEND LETTER TO STATE LEGISLATORS URGING PROTECTION OF DISTRICT PROPERTY TAX REVENUES IN RESPONSE TO STATE’S FISCAL PROBLEM

 

Meeting Date:

January 24, 2008

Budgeted: 

N/A

 

From:

David A. Berger,

Program/

N/A

 

General Manager

Line Item No.:

 

Prepared By:

Rick Dickhaut

Cost Estimate:

N/A

 

General Counsel Approval:  N/A

Committee Recommendation:  The Administrative Committee considered this item on January 15, 2008 and recommended approval.

CEQA Compliance:  N/A

SUMMARY:  On January 10, 2008, Governor Schwarzenegger proclaimed a “fiscal emergency” to deal with the State’s estimated $14 billion budget deficit for Fiscal Year 2008-09.  Given the magnitude of the estimated deficit, everything is likely to be on the table including borrowing additional property tax revenues from local governments, which is permitted under Proposition 1A as discussed in the background section of this report.  Although the formula to determine how much would be borrowed from each local government agency is unknown, it is estimated that the amount withheld from the District could range from $110,000 to over $200,000.  Even though these borrowed funds, plus interest, would need to be repaid by the State within three years, this temporary loss of funding would put a strain on the District’s general operating reserve.  The is especially relevant given the fact that the Board recently approved staff’s recommendation to draw the District’s general operating reserve below the 5% established minimum in order to fund completion of Phase 1 of the Aquifer Storage & Recovery Project on a pay-as-you-go basis.  Even though it is still early in the budget process, the Association of California Water Agencies and the California Special Districts Association are encouraging each of their member district’s to contact their legislators to urge them to oppose suspension of Proposition 1A, and to provide them with specific information relative to what losing additional property tax revenues would mean to each District and its ability to maintain adequate service levels.  Attached as Exhibit 4-A is a draft of a proposed letter to be sent to the District’s legislators.

RECOMMENDATION:  District staff recommends that the Board Chair be authorized to send a letter to the District’s state legislators expressing the impacts that a temporary borrowing of property tax revenues would have on the District, and urging protection of those revenues.  On January 15, 2008 the Administrative Committee reviewed this matter and voted 2 to 0 to recommend Board approval.

BACKGROUND:  In the twelve years prior to the passage of Proposition 1A in 2004, the State transferred over $30 billion of tax revenues collected by local governments (cities, counties and special districts) to cover State budget shortfalls.  While Proposition 1A, which became effective in 2006, offered legislative protection against such raids in the future, it also provided that the provisions of the Proposition may be temporarily suspended if the Governor declares a severe fiscal hardship and two-thirds of the Legislature approves the suspension.  If suspended, Proposition 1A contains language that allows the State to “borrow” not more than 8 percent of the total property tax revenues, currently estimated at $2 billion.  If such borrowing takes place, the Legislature must enact a statute providing for the full repayment of the “borrowed funds” plus interest within three years.     

EXHIBITS

4-A      Draft Letter to Legislators

 

 

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