House of Representatives

HB 2390

industrial development bond allocations

Sponsors: Leff: Knaperek

 

DP

Committee on Commerce and Economic Development

DPA

Committee on Ways and Means

DPA

Committee on Appropriations

DPA

Caucus and COW

 

X

As Transmitted to the Governor

 

HB 2390 changes the allocations for tax-exempt Industrial Development Bonds, guarantees the participation of qualified residential rental projects, and creates a study committee.

 
History

In 1986, the Legislature established a private activity bonding authority under the provisions of a 1984 federal Deficit Reduction Act.  The federal program designates each state allotment of tax-exempt private activity bonds based on population.  Until 2000, the allocation has been $50 per capita.  Congress recently passed the federal Community Renewal Act that increases the allocation amount beginning in 2001 to $62.50 per capita, and increases to $75 in 2002.  Beginning in 2003, the amounts will be adjusted for inflation.  Projects financed with tax-exempt bonds must comply with the Internal Revenue Code and all applicable state laws.

 

The current private activity bond program in Arizona is administered through the Finance Division of the Department of Commerce. Private activity bonds are issued by or on behalf of a municipality or county to provide financing for projects used in the trade or business of a private user.   The current state allocation is divided among five categories. The current categories are: 1) projects that are designated at the sole discretion of the Director of Commerce, 2) qualified mortgage revenue bonds (MRB) and qualified mortgage credit certificate programs (MCC), 3) qualified student loan projects, 4) manufacturing projects, 5) all projects not provided for in the other categories which include, but are not limited to qualified mortgage revenue bonds and qualified mortgage credit certificate programs for home improvement and rehabilitation.

Allocations are made on a first-come, first served basis for director’s discretion and MRB/MCC category.  The student loan projects, manufacturing projects and the “all other” categories are allocated on a lottery system.  Qualified projects apply to the Department of Commerce and a lottery is conducted in January of each year.   Any unused allocations are then distributed in a subsequent lottery in June or July (there are no categories in the June/July allocation lottery).

 

HB 2390 changes the allocation formula to include qualified residential rental (multifamily) projects; however, it should be noted that these projects are already receiving funds each year through the current allocation formula. 

 

Provisions

·                      Allocates 10 per cent of the private activity bond monies to qualified residential rental projects, 30 per cent of which shall be used for rural projects [available for a minimum 180-day period].  The percentage is achieved by reducing the director’s discretion category from 15 per cent to 10 per cent and the all other category from 15 per cent to 10 per cent.  The new allocation is effective for a two-year period from and after December 31, 2001.

·                      Creates an 18-member study committee on industrial development bond allocations to evaluate the current bond program and make final recommendations by December 31, 2001 to the Governor, the Legislature, the Secretary of State and the director of the Arizona State Library, Archives and Public Records

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·                      45th Legislature                                                                                                                       

·                      First Regular Session                           3                                                               May 8, 2001

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