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°i.A-14 <br />Legislative Bill Action <br />................................ ............................... <br />The following are summaries of just a few of the legislative bills that are currently being acted upon <br />by the League of California Cities. For more information about these and other bills, please visit <br />the League website's new "Issues and Advocacy" page (www.cacities.ora/ <br />issuesandadvocacvt — a one -stop location to access information about legislation, policy issues' <br />and related developments. You can track information on bills ( www .cackies.org/legislativesearch), <br />locate legislators and legislative committees, send letters to legislators or the media through the <br />online Advocacy Center, research League policy positions, access useful related links, and much <br />more. <br />REVENUE AND TAXATION <br />AB 1378 (Jerome Horton). Property taxa- <br />tion: revenue allocation reductions: condem- <br />nations. AB 1378 requires any reduction in <br />property tax revenue resulting from the condem- <br />nation of state - assessed property to be applied <br />exclusively to the local entity that condemned the <br />property, starting with condemnations enacted <br />after January 1, 2004. The League strongly <br />supports local efforts to create municipal utilities <br />and has concerns about the implications 1378 <br />poses for other types of property condemnation <br />procedures. State - assessed property includes all <br />unitary, and operating nonunitary property, typically <br />electric utility, railroad and pipeline property. In <br />practice, property for electric utilities make up the <br />majority of the property covered by this legislation. <br />Under current law, unitary and operating <br />nonunitary property is assessed by the state, and <br />the property tax revenues are put into a county- <br />wide pool. The property taxes from this county <br />pool are distributed by formula to all taxing jurisdic- <br />tions within a county. <br />While it appears that the bill is directed only at <br />condemnations for the formation or expansion of <br />municipal electric utilities, the League is opposed <br />to AB 1378 in part because of the negative prece- <br />dent it would set with regard to how other property <br />condemned by cities is treated as it relates to <br />property tax allocations. If enacted, under AB <br />1378 cities who condemn electric distribution <br />Property of an investor owed utility would be <br />responsible for holding all other taxing jurisdictions <br />harmless for the reduction in property taxes <br />resulting from the condemnation. This fundamen- <br />tally changes the way in which public property is <br />treated through property taxation laws, and could <br />open the door to similar efforts for other types of <br />public property and condemnation procedures. <br />While the sponsors of the bill contend that this is <br />simply a tax equity issue, it is clear that it is also <br />an effort to make it more difficult to form municipal <br />electric utilities or expand existing ones. For <br />details on this bill and to see the staff analysis, go <br />to: www .cacities.org/legislativesearch. Staff. Jean <br />Korinke Status: Asm Loc Gov't., hearing 4/30, <br />Position: OPPOSE. <br />TRANSPORTATION AND PUBLIC WORKS <br />AB 453 (Yee). Public Works Contracts: <br />Compensation of Contractors. AB 453 seeks <br />to change California statutory and case law that <br />have been in place for at least a century. AB 453 <br />states where a private party contracting with a <br />public entity has acted in good faith, and where the <br />contract in question is declared invalid because of <br />a flaw in the bidding process, the contractor who <br />performed under said contract, in good faith, <br />should be entitled to be paid the reasonable cost <br />of the labor, equipment, materials and services, <br />excluding any profit, provided by the contractor up <br />to the date the contract is found invalid. The bill <br />provides that if a contract with a public agency is <br />declared void, then no payments can be made <br />under it. Although the rule of law can be harsh at <br />times, it has served both the state and local <br />agencies very well over the decades. Competitive <br />bidding laws exist to benefit and protect the <br />PAGE 14/PRIORITY FOCUS Visit the League's Official Web Site -- www.cacities.org <br />