secretary of the senate -...

Assembly Bill No. 35

Passed the Assembly September 12, 2015

Chief Clerk of the Assembly

Passed the Senate September 11, 2015

Secretary of the Senate

This bill was received by the Governor this day

of , 2015, at o’clock m.

Private Secretary of the Governor

CHAPTER

An act to amend Sections 12206, 17058, and 23610.5 of theRevenue and Taxation Code, relating to taxation, to take effectimmediately, tax levy.

legislative counsel’s digest

AB 35, Chiu. Income taxes: credits: low-income housing:allocation increase.

Existing law establishes a low-income housing tax credit programpursuant to which the California Tax Credit Allocation Committeeprovides procedures and requirements for the allocation of stateinsurance, personal income, and corporation income tax creditamounts among low-income housing projects based on federallaw. Existing law, in modified conformity to federal income taxlaw, allows the credit based upon the applicable percentage, asdefined, of the qualified basis of each qualified low-incomebuilding. Existing law limits the total annual amount of the creditthat the committee may allocate to $70 million per year, asspecified.

This bill, for calendar years 2016 through 2021, inclusive, wouldincrease the aggregate housing credit dollar amount that may beallocated among low-income housing projects by $100,000,000,as specified. The bill, under the insurance taxation law, the PersonalIncome Tax Law, and the Corporation Tax Law, would modifythe definition of applicable percentage relating to qualifiedlow-income buildings that meet specified criteria.

This bill would incorporate additional changes to Sections 12206,17058, and 23610.5 of the Revenue and Taxation Code proposedby SB 377 that would become operative if this bill and SB 377 arechaptered and this bill is chaptered last.

This bill would take effect immediately as a tax levy.

The people of the State of California do enact as follows:

SECTION 1. Section 12206 of the Revenue and Taxation Codeis amended to read:

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12206. (a) (1) There shall be allowed as a credit against the“tax,” as described by Section 12201, a state low-income housingtax credit in an amount equal to the amount determined insubdivision (c), computed in accordance with Section 42 of theInternal Revenue Code except as otherwise provided in this section.

(2) “Taxpayer,” for purposes of this section, means the soleowner in the case of a “C” corporation, the partners in the case ofa partnership, members in the case of a limited liability company,and the shareholders in the case of an “S” corporation.

(3) “Housing sponsor,” for purposes of this section, means thesole owner in the case of a “C” corporation, the partnership in thecase of a partnership, the limited liability company in the case ofa limited liability company, and the “S” corporation in the case ofan “S” corporation.

(4) “Extremely low-income” has the same meaning as in Section50053 of the Health and Safety Code.

(5) “Very low-income” has the same meaning as in Section50053 of the Health and Safety Code.

(b) (1) The amount of the credit allocated to any housingsponsor shall be authorized by the California Tax Credit AllocationCommittee, or any successor thereof, based on a project’s needfor the credit for economic feasibility in accordance with therequirements of this section.

(A) Except for projects to provide farmworker housing, asdefined in subdivision (h) of Section 50199.7 of the Health andSafety Code, that are allocated credits solely under the set-asidedescribed in subdivision (c) of Section 50199.20 of the Health andSafety Code, the low-income housing project shall be located inCalifornia and shall meet either of the following requirements:

(i) The project’s housing sponsor has been allocated by theCalifornia Tax Credit Allocation Committee a credit for federalincome tax purposes under Section 42 of the Internal RevenueCode.

(ii) It qualifies for a credit under Section 42(h)(4)(B) of theInternal Revenue Code.

(B) The California Tax Credit Allocation Committee shall notrequire fees for the credit under this section in addition to thosefees required for applications for the tax credit pursuant to Section42 of the Internal Revenue Code. The committee may require afee if the application for the credit under this section is submitted

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in a calendar year after the year the application is submitted forthe federal tax credit.

(C) (i) For a project that receives a preliminary reservation ofthe state low-income housing tax credit, allowed pursuant tosubdivision (a), on or after January 1, 2009, and before January 1,2016, the credit shall be allocated to the partners of a partnershipowning the project in accordance with the partnership agreement,regardless of how the federal low-income housing tax credit withrespect to the project is allocated to the partners, or whether theallocation of the credit under the terms of the agreement hassubstantial economic effect, within the meaning of Section 704(b)of the Internal Revenue Code.

(ii) This subparagraph shall not apply to a project that receivesa preliminary reservation of state low-income housing tax creditsunder the set-aside described in subdivision (c) of Section 50199.20of the Health and Safety Code unless the project also receives apreliminary reservation of federal low-income housing tax credits.

(iii) This subparagraph shall cease to be operative with respectto any project that receives a preliminary reservation of a crediton or after January 1, 2016.

(2) (A) The California Tax Credit Allocation Committee shallcertify to the housing sponsor the amount of tax credit under thissection allocated to the housing sponsor for each credit period.

(B) In the case of a partnership or an “S” corporation, thehousing sponsor shall provide a copy of the California Tax CreditAllocation Committee certification to the taxpayer.

(C) The taxpayer shall attach a copy of the certification to anyreturn upon which a tax credit is claimed under this section.

(D) In the case of a failure to attach a copy of the certificationfor the year to the return in which a tax credit is claimed under thissection, no credit under this section shall be allowed for that yearuntil a copy of that certification is provided.

(E) All elections made by the taxpayer pursuant to Section 42of the Internal Revenue Code shall apply to this section.

(F) (i) The California Tax Credit Allocation Committee mayallocate a credit under this section in exchange for a credit allocatedpursuant to Section 42(d)(5)(B) of the Internal Revenue Code inamounts up to 30 percent of the eligible basis of a building if thecredits allowed under Section 42 of the Internal Revenue Code arereduced by an equivalent amount.

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(ii) An equivalent amount shall be determined by the CaliforniaTax Credit Allocation Committee based upon the relative amountrequired to produce an equivalent state tax credit to the taxpayer.

(c) Section 42(b) of the Internal Revenue Code shall be modifiedas follows:

(1) In the case of any qualified low-income building that is anew building, as defined in Section 42 of the Internal RevenueCode and the regulations promulgated thereunder, and not federallysubsidized, the term “applicable percentage” means the following:

(A) For each of the first three years, the percentage prescribedby the Secretary of the Treasury for new buildings that are notfederally subsidized for the taxable year, determined in accordancewith the requirements of Section 42(b)(1) of the Internal RevenueCode.

(B) For the fourth year, the difference between 30 percent andthe sum of the applicable percentages for the first three years.

(2) In the case of any qualified low-income building that (i) isa new building, as defined in Section 42 of the Internal RevenueCode and the regulations promulgated thereunder, (ii) not locatedin designated difficult development areas (DDAs) or qualifiedcensus tracts (QCTs), as defined in Section 42(d)(5)(B) of theInternal Revenue Code, and (iii) is federally subsidized, the term“applicable percentage” means for the first three years, 15 percentof the qualified basis of the building, and for the fourth year, 5percent of the qualified basis of the building.

(3) In the case of any qualified low-income building that is (i)an existing building, as defined in Section 42 of the InternalRevenue Code and the regulations promulgated thereunder, (ii)not located in designated difficult development areas (DDAs) orqualified census tracts (QCTs), as defined in Section 42(d)(5)(B)of the Internal Revenue Code, and (iii) is federally subsidized, theterm applicable percentage means the following:

(A) For each of the first three years, the percentage prescribedby the Secretary of the Treasury for new buildings that are federallysubsidized for the taxable year.


(4) In the case of any qualified low-income building that is (i)a new or an existing building, (ii) located in designated difficultdevelopment areas (DDAs) or qualified census tracts (QCTs) as

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defined in Section 42(d)(5)(B) of the Internal Revenue Code, and(iii) federally subsidized, the California Tax Credit AllocationCommittee shall reduce the amount of California credit to beallocated under paragraph (2) and (3) by taking into account theincreased federal credit received due to the basis boost providedunder Section 42(d)(5)(B) of the Internal Revenue Code.

(5) In the case of any qualified low-income building that meetsall of the requirements of subparagraphs (A) through (D), inclusive,the term “applicable percentage” means 30 percent for each of thefirst three years and 5 percent for the fourth year. A qualifiedlow-income building receiving an allocation under this paragraphis ineligible to also receive an allocation under paragraph (3).

(A) The qualified low-income building is at least 15 years old.(B) The qualified low-income building is serving households

of very low-income or extremely low-income such that the averagemaximum household income as restricted, pursuant to an existingregulatory agreement with a federal, state, county, local, or othergovernmental agency, is not more than 45 percent of the areamedian gross income, as determined under Section 42 of theInternal Revenue Code, adjusted by household size, and a tax creditregulatory agreement is entered into for a period of not less than55 years restricting the average targeted household income to nomore than 45 percent of the area median income.

(C) The qualified low-income building would have insufficientcredits under paragraphs (2) and (3) to complete substantialrehabilitation due to a low appraised value.

(D) The qualified low-income building will complete thesubstantial rehabilitation in connection with the credit allocationherein.

(d) The term “qualified low-income housing project” as definedin Section 42(c)(2) of the Internal Revenue Code is modified byadding the following requirements:

(1) The taxpayer shall be entitled to receive a cash distributionfrom the operations of the project, after funding required reserves,that, at the election of the taxpayer, is equal to:

(A) An amount not to exceed 8 percent of the lesser of:(i) The owner equity that shall include the amount of the capital

contributions actually paid to the housing sponsor and shall notinclude any amounts until they are paid on an investor note.

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(ii) Twenty percent of the adjusted basis of the building as ofthe close of the first taxable year of the credit period.

(B) The amount of the cashflow from those units in the buildingthat are not low-income units. For purposes of computing cashflowunder this subparagraph, operating costs shall be allocated to thelow-income units using the “floor space fraction,” as defined inSection 42 of the Internal Revenue Code.

(C) Any amount allowed to be distributed under subparagraph(A) that is not available for distribution during the first five yearsof the compliance period may be accumulated and distributed anytime during the first 15 years of the compliance period but notthereafter.

(2) The limitation on return shall apply in the aggregate to thepartners if the housing sponsor is a partnership and in the aggregateto the shareholders if the housing sponsor is an “S” corporation.

(3) The housing sponsor shall apply any cash available fordistribution in excess of the amount eligible to be distributed underparagraph (1) to reduce the rent on rent-restricted units or toincrease the number of rent-restricted units subject to the tests ofSection 42(g)(1) of the Internal Revenue Code.

(e) The provisions of Section 42(f) of the Internal Revenue Codeshall be modified as follows:

(1) The term “credit period” as defined in Section 42(f)(1) ofthe Internal Revenue Code is modified by substituting “four taxableyears” for “10 taxable years.”

(2) The special rule for the first taxable year of the credit periodunder Section 42(f)(2) of the Internal Revenue Code shall not applyto the tax credit under this section.

(3) Section 42(f)(3) of the Internal Revenue Code is modifiedto read:

If, as of the close of any taxable year in the compliance period,after the first year of the credit period, the qualified basis of anybuilding exceeds the qualified basis of that building as of the closeof the first year of the credit period, the housing sponsor, to theextent of its tax credit allocation, shall be eligible for a credit onthe excess in an amount equal to the applicable percentagedetermined pursuant to subdivision (c) for the four-year periodbeginning with the taxable year in which the increase in qualifiedbasis occurs.

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(f) The provisions of Section 42(h) of the Internal RevenueCode shall be modified as follows:

(1) Section 42(h)(2) of the Internal Revenue Code shall not beapplicable and instead the following provisions shall be applicable:

The total amount for the four-year credit period of the housingcredit dollars allocated in a calendar year to any building shallreduce the aggregate housing credit dollar amount of the CaliforniaTax Credit Allocation Committee for the calendar year in whichthe allocation is made.

(2) Paragraphs (3), (4), (5), (6)(E)(i)(II), (6)(F), (6)(G), (6)(I),(7), and (8) of Section 42(h) of the Internal Revenue Code shallnot be applicable.

(g) The aggregate housing credit dollar amount that may beallocated annually by the California Tax Credit AllocationCommittee pursuant to this section, Section 17058, and Section23610.5 shall be an amount equal to the sum of all the following:

(1) (A) Seventy million dollars ($70,000,000) for the 2001calendar year, and, for the 2002 calendar year and each calendaryear thereafter, seventy million dollars ($70,000,000) increasedby the percentage, if any, by which the Consumer Price Index forthe preceding calendar year exceeds the Consumer Price Index forthe 2001 calendar year. For the purposes of this paragraph, theterm “Consumer Price Index” means the last Consumer Price Indexfor All Urban Consumers published by the federal Department ofLabor.

(B) For calendar years 2016 through 2021, inclusive, anadditional one hundred million dollars ($100,000,000) for the 2016calendar year, and, for the 2017 through 2021 calendar years, onehundred million dollars ($100,000,000) increased by thepercentage, if any, by which the Consumer Price Index for thepreceding calendar year exceeds the Consumer Price Index for the2016 calendar year. For the purposes of this paragraph, the term“Consumer Price Index” means the last Consumer Price Index forAll Urban Consumers published by the federal Department ofLabor. A housing sponsor receiving an allocation under paragraph(1) of subdivision (c) shall not be eligible for receipt of the housingcredit allocated from the increased amount under this subparagraph.A housing sponsor receiving an allocation under paragraph (1) ofsubdivision (c) shall remain eligible for receipt of the housing

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credit allocated from the credit ceiling amount under subparagraph(A).

(2) The unused housing credit ceiling, if any, for the precedingcalendar years.

(3) The amount of housing credit ceiling returned in the calendaryear. For purposes of this paragraph, the amount of housing creditdollar amount returned in the calendar year equals the housingcredit dollar amount previously allocated to any project that doesnot become a qualified low-income housing project within theperiod required by this section or to any project with respect towhich an allocation is canceled by mutual consent of the CaliforniaTax Credit Allocation Committee and the allocation recipient.

(4) Five hundred thousand dollars ($500,000) per calendar yearfor projects to provide farmworker housing, as defined insubdivision (h) of Section 50199.7 of the Health and Safety Code.

(5) The amount of any unallocated or returned credits underformer Sections 17053.14, 23608.2, and 23608.3, as those sectionsread prior to January 1, 2009, until fully exhausted for projects toprovide farmworker housing, as defined in subdivision (h) ofSection 50199.7 of the Health and Safety Code.

(h) The term “compliance period” as defined in Section 42(i)(1)of the Internal Revenue Code is modified to mean, with respect toany building, the period of 30 consecutive taxable years beginningwith the first taxable year of the credit period with respect thereto.

(i) (1) Section 42(j) of the Internal Revenue Code shall not beapplicable and the provisions in paragraph (2) shall be substitutedin its place.

(2) The requirements of this section shall be set forth in aregulatory agreement between the California Tax Credit AllocationCommittee and the housing sponsor, and the regulatory agreementshall be subordinated, when required, to any lien or encumbranceof any banks or other institutional lenders to the project. Theregulatory agreement entered into pursuant to subdivision (f) ofSection 50199.14 of the Health and Safety Code, shall apply,provided that the agreement includes all of the followingprovisions:

(A) A term not less than the compliance period.(B) A requirement that the agreement be recorded in the official

records of the county in which the qualified low-income housingproject is located.

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(C) A provision stating which state and local agencies canenforce the regulatory agreement in the event the housing sponsorfails to satisfy any of the requirements of this section.

(D) A provision that the regulatory agreement shall be deemeda contract enforceable by tenants as third-party beneficiaries theretoand that allows individuals, whether prospective, present, or formeroccupants of the building, who meet the income limitationapplicable to the building, the right to enforce the regulatoryagreement in any state court.

(E) A provision incorporating the requirements of Section 42of the Internal Revenue Code as modified by this section.

(F) A requirement that the housing sponsor notify the CaliforniaTax Credit Allocation Committee or its designee and the localagency that can enforce the regulatory agreement if there is adetermination by the Internal Revenue Service that the project isnot in compliance with Section 42(g) of the Internal Revenue Code.

(G) A requirement that the housing sponsor, as security for theperformance of the housing sponsor’s obligations under theregulatory agreement, assign the housing sponsor’s interest in rentsthat it receives from the project, provided that until there is adefault under the regulatory agreement, the housing sponsor isentitled to collect and retain the rents.

(H) The remedies available in the event of a default under theregulatory agreement that is not cured within a reasonable cureperiod, include, but are not limited to, allowing any of the partiesdesignated to enforce the regulatory agreement to collect all rentswith respect to the project; taking possession of the project andoperating the project in accordance with the regulatory agreementuntil the enforcer determines the housing sponsor is in a positionto operate the project in accordance with the regulatory agreement;applying to any court for specific performance; securing theappointment of a receiver to operate the project; or any other reliefas may be appropriate.

(j) (1) The committee shall allocate the housing credit on aregular basis consisting of two or more periods in each calendaryear during which applications may be filed and considered. Thecommittee shall establish application filing deadlines, the maximumpercentage of federal and state low-income housing tax creditceiling that may be allocated by the committee in that period, andthe approximate date on which allocations shall be made. If the

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enactment of federal or state law, the adoption of rules orregulations, or other similar events prevent the use of two allocationperiods, the committee may reduce the number of periods andadjust the filing deadlines, maximum percentage of credit allocated,and allocation dates.

(2) The committee shall adopt a qualified allocation plan, asprovided in Section 42(m)(1) of the Internal Revenue Code. Inadopting this plan, the committee shall comply with the provisionsof Sections 42(m)(1)(B) and 42(m)(1)(C) of the Internal RevenueCode, respectively.

(3) Notwithstanding Section 42(m) of the Internal RevenueCode the California Tax Credit Allocation Committee shall allocatehousing credits in accordance with the qualified allocation planand regulations, which shall include the following provisions:

(A) All housing sponsors, as defined by paragraph (3) ofsubdivision (a), shall demonstrate at the time the application isfiled with the committee that the project meets the followingthreshold requirements:

(i) The housing sponsor shall demonstrate there is a need anddemand for low-income housing in the community or region forwhich it is proposed.

(ii) The project’s proposed financing, including tax creditproceeds, shall be sufficient to complete the project and that theproposed operating income shall be adequate to operate the projectfor the extended use period.

(iii) The project shall have enforceable financing commitments,either construction or permanent financing, for at least 50 percentof the total estimated financing of the project.

(iv) The housing sponsor shall have and maintain control of thesite for the project.

(v) The housing sponsor shall demonstrate that the projectcomplies with all applicable local land use and zoning ordinances.

(vi) The housing sponsor shall demonstrate that the projectdevelopment team has the experience and the financial capacityto ensure project completion and operation for the extended useperiod.

(vii) The housing sponsor shall demonstrate the amount of taxcredit that is necessary for the financial feasibility of the projectand its viability as a qualified low-income housing projectthroughout the extended use period, taking into account operating

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expenses, a supportable debt service, reserves, funds set aside forrental subsidies, and required equity, and a development fee thatdoes not exceed a specified percentage of the eligible basis of theproject prior to inclusion of the development fee in the eligiblebasis, as determined by the committee.

(B) The committee shall give a preference to those projectssatisfying all of the threshold requirements of subparagraph (A)if both of the following apply:

(i) The project serves the lowest income tenants at rentsaffordable to those tenants.

(ii) The project is obligated to serve qualified tenants for thelongest period.

(C) In addition to the provisions of subparagraphs (A) and (B),the committee shall use the following criteria in allocating housingcredits:

(i) Projects serving large families in which a substantial number,as defined by the committee, of all residential units are low-incomeunits with three or more bedrooms.

(ii) Projects providing single-room occupancy units servingvery low income tenants.

(iii) (I) Existing projects that are “at risk of conversion.”(II) For purposes of this section, the term “at risk of conversion,”

with respect to an existing property means a property that satisfiesall of the following criteria:

(ia) The property is a multifamily rental housing developmentin which at least 50 percent of the units receive governmentalassistance pursuant to any of the following:

(Ia) New construction, substantial rehabilitation, moderaterehabilitation, property disposition, and loan management set-asideprograms, or any other program providing project-based assistancepursuant to Section 8 of the United States Housing Act of 1937,Section 1437f of Title 42 of the United States Code, as amended.

(Ib) The Below-Market-Interest-Rate Program pursuant toSection 221(d)(3) of the National Housing Act, Sections1715l(d)(3) and (5) of Title 12 of the United States Code.

(Ic) Section 236 of the National Housing Act, Section 1715z-1of Title 12 of the United States Code.

(Id) Programs for rent supplement assistance pursuant to Section18 101 of the Housing and Urban Development Act of 1965,Section 1701s of Title 12 of the United States Code, as amended.

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(Ie) Programs pursuant to Section 515 of the Housing Act of1949, Section 1485 of Title 42 of the United States Code, asamended.

(If) The low-income housing credit program set forth in Section42 of the Internal Revenue Code.

(ib) The restrictions on rent and income levels will terminateor the federal insured mortgage on the property is eligible forprepayment any time within five years before or after the date ofapplication to the California Tax Credit Allocation Committee.

(ic) The entity acquiring the property enters into a regulatoryagreement that requires the property to be operated in accordancewith the requirements of this section for a period equal to thegreater of 55 years or the life of the property.

(id) The property satisfies the requirements of Section 42(e) ofthe Internal Revenue Code, regarding rehabilitation expendituresexcept that the provisions of Section 42(e)(3)(A)(ii)(I) shall notapply.

(iv) Projects for which a public agency provides direct or indirectlong-term financial support for at least 15 percent of the totalproject development costs or projects for which the owner’s equityconstitutes at least 30 percent of the total project developmentcosts.

(v) Projects that provide tenant amenities not generally availableto residents of low-income housing projects.

(4) For purposes of allocating credits pursuant to this section,the committee shall not give preference to any project by virtueof the date of submission of its application except to break a tiewhen two or more of the projects have an equal rating.

(k) Section 42(l) of the Internal Revenue Code shall be modifiedas follows:

The term “secretary” shall be replaced by the term “CaliforniaFranchise Tax Board.”

(l) In the case where the credit allowed under this sectionexceeds the “tax,” the excess may be carried over to reduce the“tax” in the following year, and succeeding years if necessary,until the credit has been exhausted.

(m) The provisions of Section 11407(a) of Public Law 101-508,relating to the effective date of the extension of the low-incomehousing credit, shall apply to calendar years after 1993.

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(n) The provisions of Section 11407(c) of Public Law 101-508,relating to election to accelerate credit, shall not apply.

(o) This section shall remain in effect for as long as Section 42of the Internal Revenue Code, relating to low-income housingcredit, remains in effect.

SEC. 1.5. Section 12206 of the Revenue and Taxation Codeis amended to read:

12206. (a) (1) There shall be allowed as a credit against the“tax,” as described by Section 12201, a state low-income housingtax credit in an amount equal to the amount determined insubdivision (c), computed in accordance with Section 42 of theInternal Revenue Code, relating to low-income housing credit,except as otherwise provided in this section.


(3) “Housing sponsor,” for purposes of this section, means thesole owner in the case of a “C” corporation, the partnership in thecase of a partnership, the limited liability company in case of alimited liability company, and the “S” corporation in the case ofan “S” corporation.




(A) Except for projects to provide farmworker housing, asdefined in subdivision (h) of Section 50199.7 of the Health andSafety Code, that are allocated credits solely under the set-asidedescribed in subdivision (c) of Section 50199.20 of the Health andSafety Code, the low-income housing project shall be located inCalifornia and shall meet either of the following requirements:

(i) The project’s housing sponsor has been allocated by theCalifornia Tax Credit Allocation Committee a credit for federal

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income tax purposes under Section 42 of the Internal RevenueCode, relating to low-income housing credit.

(ii) It qualifies for a credit under Section 42(h)(4)(B) of theInternal Revenue Code, relating to special rule where 50 percentor more of building is financed with tax-exempt bonds subject tovolume cap.

(B) The California Tax Credit Allocation Committee shall notrequire fees for the credit under this section in addition to thosefees required for applications for the tax credit pursuant to Section42 of the Internal Revenue Code, relating to low-income housingcredit. The committee may require a fee if the application for thecredit under this section is submitted in a calendar year after theyear the application is submitted for the federal tax credit.

(C) (i) For a project that receives a preliminary reservation ofthe state low-income housing tax credit, allowed pursuant tosubdivision (a), on or after January 1, 2009, the credit shall beallocated to the partners of a partnership owning the project inaccordance with the partnership agreement, regardless of how thefederal low-income housing tax credit with respect to the projectis allocated to the partners, or whether the allocation of the creditunder the terms of the agreement has substantial economic effect,within the meaning of Section 704(b) of the Internal RevenueCode, relating to determination of distributive share.

(ii) This subparagraph shall not apply to a project that receivesa preliminary reservation of state low-income housing tax creditsunder the set-aside described in subdivision (c) of Section 50199.20of the Health and Safety Code unless the project also receives apreliminary reservation of federal low-income housing tax credits.


(B) In the case of a partnership or an “S” corporation, thehousing sponsor shall provide a copy of the California Tax CreditAllocation Committee certification to the taxpayer.

(C) The taxpayer shall attach a copy of the certification to anyreturn upon which a tax credit is claimed under this section.

(D) In the case of a failure to attach a copy of the certificationfor the year to the return in which a tax credit is claimed under thissection, no credit under this section shall be allowed for that yearuntil a copy of that certification is provided.

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(E) All elections made by the taxpayer pursuant to Section 42of the Internal Revenue Code, relating to low-income housingcredit, shall apply to this section.

(F) (i) The California Tax Credit Allocation Committee mayallocate a credit under this section in exchange for a credit allocatedpursuant to Section 42(d)(5)(B) of the Internal Revenue Code,relating to increase in credit for buildings in high-cost areas, inamounts up to 30 percent of the eligible basis of a building if thecredits allowed under Section 42 of the Internal Revenue Code,relating to low-income housing credit, are reduced by an equivalentamount.


(c) Section 42(b) of the Internal Revenue Code, relating toapplicable percentage, shall be modified as follows:





(3) In the case of any qualified low-income building that is (i)an existing building, as defined in Section 42 of the InternalRevenue Code and the regulations promulgated thereunder, (ii)not located in designated difficult development areas (DDAs) or

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qualified census tracts (QCTs), as defined in Section 42(d)(5)(B)of the Internal Revenue Code, and (iii) is federally subsidized, theterm applicable percentage means the following:



(4) In the case of any qualified low-income building that is (i)a new or an existing building, (ii) located in designated difficultdevelopment areas (DDAs) or qualified census tracts (QCTs) asdefined in Section 42(d)(5)(B) of the Internal Revenue Code, and(iii) federally subsidized, the California Tax Credit AllocationCommittee shall reduce the amount of California credit to beallocated under paragraph (2) and (3) by taking into account theincreased federal credit received due to the basis boost providedunder Section 42(d)(5)(B) of the Internal Revenue Code.






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(d) The term “qualified low-income housing project” as definedin Section 42(c)(2) of the Internal Revenue Code, relating toqualified low-income building, is modified by adding the followingrequirements:


(A) An amount not to exceed 8 percent of the lesser of:(i) The owner equity, which shall include the amount of the

capital contributions actually paid to the housing sponsor and shallnot include any amounts until they are paid on an investor note.


(B) The amount of the cashflow from those units in the buildingthat are not low-income units. For purposes of computing cashflowunder this subparagraph, operating costs shall be allocated to thelow-income units using the “floor space fraction,” as defined inSection 42 of the Internal Revenue Code, relating to low-incomehousing credit.



(3) The housing sponsor shall apply any cash available fordistribution in excess of the amount eligible to be distributed underparagraph (1) to reduce the rent on rent-restricted units or toincrease the number of rent-restricted units subject to the tests ofSection 42(g)(1) of the Internal Revenue Code, relating to ingeneral.

(e) The provisions of Section 42(f) of the Internal RevenueCode, relating to definition and special rules relating to creditperiod, shall be modified as follows:

(1) The term “credit period” as defined in Section 42(f)(1) ofthe Internal Revenue Code, relating to credit period defined, ismodified by substituting “four taxable years” for “10 taxableyears.”

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(2) The special rule for the first taxable year of the credit periodunder Section 42(f)(2) of the Internal Revenue Code, relating tospecial rule for first year of credit period, shall not apply to the taxcredit under this section.

(3) Section 42(f)(3) of the Internal Revenue Code, relating todetermination of applicable percentage with respect to increasesin qualified basis after first year of credit period, is modified toread:


(f) The provisions of Section 42(h) of the Internal RevenueCode, relating to limitation on aggregate credit allowable withrespect to projects located in a state, shall be modified as follows:

(1) Section 42(h)(2) of the Internal Revenue Code, relating toallocated credit amount to apply to all taxable years ending duringor after credit allocation year, shall not be applicable and insteadthe following provisions shall be applicable:


(2) Paragraphs (3), (4), (5), (6)(E)(i)(II), (6)(F), (6)(G), (6)(I),(7), and (8) of Section 42(h) of the Internal Revenue Code, relatingto limitation on aggregate credit allowable with respect to projectslocated in a state, shall not be applicable.


(1) (A) Seventy million dollars ($70,000,000) for the 2001calendar year, and, for the 2002 calendar year and each calendaryear thereafter, seventy million dollars ($70,000,000) increased

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by the percentage, if any, by which the Consumer Price Index forthe preceding calendar year exceeds the Consumer Price Index forthe 2001 calendar year. For the purposes of this paragraph, theterm “Consumer Price Index” means the last Consumer Price Indexfor All Urban Consumers published by the federal Department ofLabor.

(B) For calendar years 2016 through 2021, inclusive, anadditional one hundred million dollars ($100,000,000) for the 2016calendar year, and, for the 2017 through 2021 calendar years, onehundred million dollars ($100,000,000) increased by thepercentage, if any, by which the Consumer Price Index for thepreceding calendar year exceeds the Consumer Price Index for the2016 calendar year. For the purposes of this paragraph, the term“Consumer Price Index” means the last Consumer Price Index forAll Urban Consumers published by the federal Department ofLabor. A housing sponsor receiving an allocation under paragraph(1) of subdivision (c) shall not be eligible for receipt of the housingcredit allocated from the increased amount under this subparagraph.A housing sponsor receiving an allocation under paragraph (1) ofsubdivision (c) shall remain eligible for receipt of the housingcredit allocated from the credit ceiling amount under subparagraph(A).





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(h) The term “compliance period” as defined in Section 42(i)(1)of the Internal Revenue Code, relating to compliance period, ismodified to mean, with respect to any building, the period of 30consecutive taxable years beginning with the first taxable year ofthe credit period with respect thereto.

(i) (1) Section 42(j) of the Internal Revenue Code, relating torecapture of credit, shall not be applicable and the provisions inparagraph (2) shall be substituted in its place.

(2) The requirements of this section shall be set forth in aregulatory agreement between the California Tax Credit AllocationCommittee and the housing sponsor, and the regulatory agreementshall be subordinated, when required, to any lien or encumbranceof any banks or other institutional lenders to the project. Theregulatory agreement entered into pursuant to subdivision (f) ofSection 50199.14 of the Health and Safety Code, shall apply,provided that the agreement includes all of the followingprovisions:

(A) A term not less than the compliance period.(B) A requirement that the agreement be recorded in the official


(C) A provision stating which state and local agencies canenforce the regulatory agreement in the event the housing sponsorfails to satisfy any of the requirements of this section.

(D) A provision that the regulatory agreement shall be deemeda contract enforceable by tenants as third-party beneficiaries theretoand that allows individuals, whether prospective, present, or formeroccupants of the building, who meet the income limitationapplicable to the building, the right to enforce the regulatoryagreement in any state court.

(E) A provision incorporating the requirements of Section 42of the Internal Revenue Code, relating to low-income housingcredit, as modified by this section.

(F) A requirement that the housing sponsor notify the CaliforniaTax Credit Allocation Committee or its designee and the localagency that can enforce the regulatory agreement if there is adetermination by the Internal Revenue Service that the project isnot in compliance with Section 42(g) of the Internal Revenue Code,relating to qualified low-income housing project.

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(G) A requirement that the housing sponsor, as security for theperformance of the housing sponsor’s obligations under theregulatory agreement, assign the housing sponsor’s interest in rentsthat it receives from the project, provided that until there is adefault under the regulatory agreement, the housing sponsor isentitled to collect and retain the rents.

(H) A provision that the remedies available in the event of adefault under the regulatory agreement that is not cured within areasonable cure period include, but are not limited to, allowingany of the parties designated to enforce the regulatory agreementto collect all rents with respect to the project; taking possession ofthe project and operating the project in accordance with theregulatory agreement until the enforcer determines the housingsponsor is in a position to operate the project in accordance withthe regulatory agreement; applying to any court for specificperformance; securing the appointment of a receiver to operatethe project; or any other relief as may be appropriate.

(j) (1) The committee shall allocate the housing credit on aregular basis consisting of two or more periods in each calendaryear during which applications may be filed and considered. Thecommittee shall establish application filing deadlines, the maximumpercentage of federal and state low-income housing tax creditceiling that may be allocated by the committee in that period, andthe approximate date on which allocations shall be made. If theenactment of federal or state law, the adoption of rules orregulations, or other similar events prevent the use of two allocationperiods, the committee may reduce the number of periods andadjust the filing deadlines, maximum percentage of credit allocated,and allocation dates.

(2) The committee shall adopt a qualified allocation plan, asprovided in Section 42(m)(1) of the Internal Revenue Code, relatingto plans for allocation of credit among projects. In adopting thisplan, the committee shall comply with the provisions of Sections42(m)(1)(B) and 42(m)(1)(C) of the Internal Revenue Code,relating to qualified allocation plan and relating to certain selectioncriteria must be used, respectively.

(3) Notwithstanding Section 42(m) of the Internal RevenueCode, relating to responsibilities of housing credit agencies, theCalifornia Tax Credit Allocation Committee shall allocate housing

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credits in accordance with the qualified allocation plan andregulations, which shall include the following provisions:


(i) The housing sponsor shall demonstrate that there is a needand demand for low-income housing in the community or regionfor which it is proposed.






(vii) The housing sponsor shall demonstrate the amount of taxcredit that is necessary for the financial feasibility of the projectand its viability as a qualified low-income housing projectthroughout the extended use period, taking into account operatingexpenses, a supportable debt service, reserves, funds set aside forrental subsidies and required equity, and a development fee thatdoes not exceed a specified percentage of the eligible basis of theproject prior to inclusion of the development fee in the eligiblebasis, as determined by the committee.




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(iii)(I) Existing projects that are “at risk of conversion.”(II) For purposes of this section, the term “at risk of conversion,”










(ic) The entity acquiring the property enters into a regulatoryagreement that requires the property to be operated in accordance

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with the requirements of this section for a period equal to thegreater of 55 years or the life of the property.





(k) Section 42(l) of the Internal Revenue Code, relating tocertifications and other reports to the secretary, shall be modifiedas follows:

The term “secretary” shall be replaced by the term “FranchiseTax Board.”

(l) In the case where the credit allowed under this sectionexceeds the “tax,” the excess may be carried over to reduce the“tax” in the following year, and succeeding years if necessary,until the credit has been exhausted.

(m) The provisions of Section 11407(a) of Public Law 101-508,relating to the effective date of the extension of the low-incomehousing credit, shall apply to calendar years after 1993.

(n) The provisions of Section 11407(c) of Public Law 101-508,relating to election to accelerate credit, shall not apply.

(o) (1) For a project that receives a preliminary reservationunder this section beginning on or after January 1, 2016, a taxpayermay make an irrevocable election in its application to the CaliforniaTax Credit Allocation Committee to sell all or any portion of anycredit allowed under this section to one or more unrelated partiesfor each taxable year in which the credit is allowed subject to bothof the following conditions:

(A) The credit is sold for consideration that is not less than 80percent of the amount of the credit.

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(B) The unrelated party or parties purchasing any or all of thecredit pursuant to this subdivision is a taxpayer allowed the creditunder this section for the taxable year of the purchase or any priortaxable year or is a taxpayer allowed the federal credit underSection 42 of the Internal Revenue Code, relating to low-incomehousing credit, for the taxable year of the purchase or any priortaxable year in connection with any project located in this state.For purposes of this subparagraph, “taxpayer allowed the creditunder this section” means a taxpayer that is allowed the creditunder this section without regard to the purchase of a creditpursuant to this subdivision.

(2) (A) The taxpayer that originally received the credit shallreport to the California Tax Credit Allocation Committee within10 days of the sale of the credit, in the form and manner specifiedby the California Tax Credit Allocation Committee, all requiredinformation regarding the purchase and sale of the credit, includingthe social security or other taxpayer identification number of theunrelated party to whom the credit has been sold, the face amountof the credit sold, and the amount of consideration received by thetaxpayer for the sale of the credit.

(B) The California Tax Credit Allocation Committee shallprovide an annual listing to the Franchise Tax Board, in a formand manner agreed upon by the California Tax Credit AllocationCommittee and the Franchise Tax Board, of the taxpayers thathave sold or purchased a credit pursuant to this subdivision.

(3) (A) A credit may be sold pursuant to this subdivision tomore than one unrelated party.

(B) (i) Except as provided in clause (ii), a credit shall not beresold by the unrelated party to another taxpayer or other party.

(ii) All or any portion of any credit allowed under this sectionmay be resold once by an original purchaser to one or moreunrelated parties, subject to all of the requirements of thissubdivision.

(4) Notwithstanding any other provision of law, the taxpayerthat originally received the credit that is sold pursuant to paragraph(1) shall remain solely liable for all obligations and liabilitiesimposed on the taxpayer by this section with respect to the credit,none of which shall apply to any party to whom the credit has beensold or subsequently transferred. Parties who purchase creditspursuant to paragraph (1) shall be entitled to utilize the purchased

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credits in the same manner in which the taxpayer that originallyreceived the credit could utilize them.

(5) A taxpayer shall not sell a credit allowed by this section ifthe taxpayer was allowed the credit on any tax return of thetaxpayer.

(6) Notwithstanding paragraph (1), the taxpayer, with theapproval of the Executive Director of the California Tax CreditAllocation Committee, may rescind the election to sell all or anyportion of the credit allowed under this section if the considerationfor the credit falls below 80 percent of the amount of the creditafter the California Tax Credit Allocation Committee reservation.

(p) The California Tax Credit Allocation Committee mayprescribe rules, guidelines, or procedures necessary or appropriateto carry out the purposes of this section, including any guidelinesregarding the allocation of the credit allowed under this section.Chapter 3.5 (commencing with Section 11340) of Part 1 of Division3 of Title 2 of the Government Code shall not apply to any rule,guideline, or procedure prescribed by the California Tax CreditAllocation Committee pursuant to this section.

(q) This section shall remain in effect for as long as Section 42of the Internal Revenue Code, relating to low-income housingcredit, remains in effect.

SEC. 2. Section 17058 of the Revenue and Taxation Code isamended to read:

17058. (a) (1) There shall be allowed as a credit against the“net tax,” as defined in Section 17039, a state low-income housingtax credit in an amount equal to the amount determined insubdivision (c), computed in accordance with Section 42 of theInternal Revenue Code except as otherwise provided in this section.

(2) “Taxpayer” for purposes of this section means the sole ownerin the case of an individual, the partners in the case of a partnership,members in the case of a limited liability company, and theshareholders in the case of an “S” corporation.

(3) “Housing sponsor” for purposes of this section means thesole owner in the case of an individual, the partnership in the caseof a partnership, the limited liability company in the case of alimited liability company, and the “S” corporation in the case ofan “S” corporation.


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(A) The low-income housing project shall be located inCalifornia and shall meet either of the following requirements:

(i) Except for projects to provide farmworker housing, as definedin subdivision (h) of Section 50199.7 of the Health and SafetyCode, that are allocated credits solely under the set-aside describedin subdivision (c) of Section 50199.20 of the Health and SafetyCode, the project’s housing sponsor has been allocated by theCalifornia Tax Credit Allocation Committee a credit for federalincome tax purposes under Section 42 of the Internal RevenueCode.


(B) The California Tax Credit Allocation Committee shall notrequire fees for the credit under this section in addition to thosefees required for applications for the tax credit pursuant to Section42 of the Internal Revenue Code. The committee may require afee if the application for the credit under this section is submittedin a calendar year after the year the application is submitted forthe federal tax credit.


(ii) To the extent the allocation of the credit to a partner underthis section lacks substantial economic effect, any loss or deductionotherwise allowable under this part that is attributable to the saleor other disposition of that partner’s partnership interest made prior

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to the expiration of the federal credit shall not be allowed in thetaxable year in which the sale or other disposition occurs, but shallinstead be deferred until and treated as if it occurred in the firsttaxable year immediately following the taxable year in which thefederal credit period expires for the project described in clause (i).

(iii) This subparagraph shall not apply to a project that receivesa preliminary reservation of state low-income housing tax creditsunder the set-aside described in subdivision (c) of Section 50199.20of the Health and Safety Code unless the project also receives apreliminary reservation of federal low-income housing tax credits.

(iv) This subparagraph shall cease to be operative with respectto any project that receives a preliminary reservation of a crediton or after January 1, 2016.


(B) In the case of a partnership, limited liability company, oran “S” corporation, the housing sponsor shall provide a copy ofthe California Tax Credit Allocation Committee certification tothe taxpayer.

(C) The taxpayer shall, upon request, provide a copy of thecertification to the Franchise Tax Board.

(D) All elections made by the taxpayer pursuant to Section 42of the Internal Revenue Code shall apply to this section.

(E) (i) The California Tax Credit Allocation Committee mayallocate a credit under this section in exchange for a credit allocatedpursuant to Section 42(d)(5)(B) of the Internal Revenue Code inamounts up to 30 percent of the eligible basis of a building if thecredits allowed under Section 42 of the Internal Revenue Code arereduced by an equivalent amount.




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(4) In the case of any qualified low-income building that is (i)a new or an existing building, (ii) located in designated difficultdevelopment areas (DDAs) or qualified census tracts (QCTs) asdefined in Section 42(d)(5)(B) of the Internal Revenue Code, and(iii) federally subsidized, the California Tax Credit AllocationCommittee shall reduce the amount of California credit to beallocated under subparagraph (2) and (3) by taking into accountthe increased federal credit received due to the basis boost providedunder Section 42(d)(5)(B) of the Internal Revenue Code.

(5) In the case of any qualified low-income building that meetsall of the requirements of subparagraphs (A) through (D), inclusive,the term “applicable percentage” means 30 percent for each of the

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first three years and 5 percent for the fourth year. A qualifiedlow-income building receiving an allocation under this paragraphis ineligible to also receive an allocation under paragraph (3).







(A) An amount not to exceed 8 percent of the lesser of:(i) The owner equity that shall include the amount of the capital




(C) Any amount allowed to be distributed under subparagraph(A) that is not available for distribution during the first five yearsof the compliance period may be accumulated and distributed any

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time during the first 15 years of the compliance period but notthereafter.


(3) The housing sponsor shall apply any cash available fordistribution in excess of the amount eligible to be distributed underparagraph (1) to reduce the rent on rent-restricted units or toincrease the number of rent-restricted units subject to the tests ofSection 42(g)(1) of the Internal Revenue Code.









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(3) The amount of housing credit ceiling returned in the calendaryear. For purposes of this paragraph, the amount of housing creditdollar amount returned in the calendar year equals the housingcredit dollar amount previously allocated to any project that doesnot become a qualified low-income housing project within theperiod required by this section or to any project with respect to

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which an allocation is canceled by mutual consent of the CaliforniaTax Credit Allocation Committee and the allocation recipient.




(i) Section 42(j) of the Internal Revenue Code shall not beapplicable and the following requirements of this section shall beset forth in a regulatory agreement between the California TaxCredit Allocation Committee and the housing sponsor, and theregulatory agreement shall be subordinated, when required, to anylien or encumbrance of any banks or other institutional lenders tothe project. The regulatory agreement entered into pursuant tosubdivision (f) of Section 50199.14 of the Health and Safety Codeshall apply, provided that the agreement includes all of thefollowing provisions:

(1) A term not less than the compliance period.(2) A requirement that the agreement be recorded in the official


(3) A provision stating which state and local agencies canenforce the regulatory agreement in the event the housing sponsorfails to satisfy any of the requirements of this section.

(4) A provision that the regulatory agreement shall be deemeda contract enforceable by tenants as third-party beneficiaries theretoand that allows individuals, whether prospective, present, or formeroccupants of the building, who meet the income limitationapplicable to the building, the right to enforce the regulatoryagreement in any state court.

(5) A provision incorporating the requirements of Section 42of the Internal Revenue Code as modified by this section.

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(6) A requirement that the housing sponsor notify the CaliforniaTax Credit Allocation Committee or its designee if there is adetermination by the Internal Revenue Service that the project isnot in compliance with Section 42(g) of the Internal Revenue Code.

(7) A requirement that the housing sponsor, as security for theperformance of the housing sponsor’s obligations under theregulatory agreement, assign the housing sponsor’s interest in rentsthat it receives from the project, provided that until there is adefault under the regulatory agreement, the housing sponsor isentitled to collect and retain the rents.

(8) The remedies available in the event of a default under theregulatory agreement that is not cured within a reasonable cureperiod, include, but are not limited to, allowing any of the partiesdesignated to enforce the regulatory agreement to collect all rentswith respect to the project; taking possession of the project andoperating the project in accordance with the regulatory agreementuntil the enforcer determines the housing sponsor is in a positionto operate the project in accordance with the regulatory agreement;applying to any court for specific performance; securing theappointment of a receiver to operate the project; or any other reliefas may be appropriate.



(3) Notwithstanding Section 42(m) of the Internal RevenueCode the California Tax Credit Allocation Committee shall allocate

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housing credits in accordance with the qualified allocation planand regulations, which shall include the following provisions:


(i) The housing sponsor shall demonstrate there is a need anddemand for low-income housing in the community or region forwhich it is proposed.










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(4) For purposes of allocating credits pursuant to this section,the committee shall not give preference to any project by virtueof the date of submission of its application.



(l) In the case where the credit allowed under this sectionexceeds the net tax, the excess may be carried over to reduce thenet tax in the following year, and succeeding taxable years, ifnecessary, until the credit has been exhausted.

(m) A project that received an allocation of a 1989 federalhousing credit dollar amount shall be eligible to receive anallocation of a 1990 state housing credit dollar amount, subject toall of the following conditions:

(1) The project was not placed in service prior to 1990.(2) To the extent the amendments made to this section by the

Statutes of 1990 conflict with any provisions existing in this sectionprior to those amendments, the prior provisions of law shall prevail.

(3) Notwithstanding paragraph (2), a project applying for anallocation under this subdivision shall be subject to therequirements of paragraph (3) of subdivision (j).

(n) The credit period with respect to an allocation of credit in1989 by the California Tax Credit Allocation Committee of whichany amount is attributable to unallocated credit from 1987 or 1988shall not begin until after December 31, 1989.

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(o) The provisions of Section 11407(a) of Public Law 101-508,relating to the effective date of the extension of the low-incomehousing credit, shall apply to calendar years after 1989.

(p) The provisions of Section 11407(c) of Public Law 101-508,relating to election to accelerate credit, shall not apply.

(q) Any unused credit may continue to be carried forward, asprovided in subdivision (l), until the credit has been exhausted.

(r) This section shall remain in effect on and after December 1,1990, for as long as Section 42 of the Internal Revenue Code,relating to low-income housing credit, remains in effect.

(s) The amendments to this section made by Chapter 1222 ofthe Statutes of 1993 shall apply only to taxable years beginningon or after January 1, 1994.

SEC. 2.5. Section 17058 of the Revenue and Taxation Codeis amended to read:

17058. (a) (1) There shall be allowed as a credit against the“net tax,” as defined by Section 17039, a state low-income housingtax credit in an amount equal to the amount determined insubdivision (c), computed in accordance with Section 42 of theInternal Revenue Code, relating to low-income housing credit,except as otherwise provided in this section.

(2) “Taxpayer,” for purposes of this section, means the soleowner in the case of an individual, the partners in the case of apartnership, members in the case of a limited liability company,and the shareholders in the case of an “S” corporation.

(3) “Housing sponsor, for purposes of this section, means thesole owner in the case of an individual, the partnership in the caseof a partnership, the limited liability company in the case of alimited liability company, and the “S” corporation in the case ofan “S” corporation.




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(i) Except for projects to provide farmworker housing, as definedin subdivision (h) of Section 50199.7 of the Health and SafetyCode, that are allocated credits solely under the set-aside describedin subdivision (c) of Section 50199.20 of the Health and SafetyCode, the project’s housing sponsor has been allocated by theCalifornia Tax Credit Allocation Committee a credit for federalincome tax purposes under Section 42 of the Internal RevenueCode, relating to low-income housing credit.


(B) The California Tax Credit Allocation Committee shall notrequire fees for the credit under this section in addition to thosefees required for applications for the tax credit pursuant to Section42 of the Internal Revenue Code, relating to low-income housingcredit. The committee may require a fee if the application for thecredit under this section is submitted in a calendar year after theyear the application is submitted for the federal tax credit.


(ii) To the extent the allocation of the credit to a partner underthis section lacks substantial economic effect, any loss or deductionotherwise allowable under this part that is attributable to the saleor other disposition of that partner’s partnership interest made priorto the expiration of the federal credit shall not be allowed in thetaxable year in which the sale or other disposition occurs, but shallinstead be deferred until and treated as if it occurred in the firsttaxable year immediately following the taxable year in which thefederal credit period expires for the project described in clause (i).

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(D) All elections made by the taxpayer pursuant to Section 42of the Internal Revenue Code, relating to low-income housingcredit, shall apply to this section.

(E) (i) The California Tax Credit Allocation Committee mayallocate a credit under this section in exchange for a credit allocatedpursuant to Section 42(d)(5)(B) of the Internal Revenue Code,relating to increase in credit for buildings in high-cost areas, inamounts up to 30 percent of the eligible basis of a building if thecredits allowed under Section 42 of the Internal Revenue Code,relating to low-income housing credit, are reduced by an equivalentamount.





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(4) In the case of any qualified low-income building that is (i)a new or an existing building, (ii) located in designated difficultdevelopment areas (DDAs) or qualified census tracts (QCTs) asdefined in Section 42(d)(5)(B) of the Internal Revenue Code, and(iii) federally subsidized, the California Tax Credit AllocationCommittee shall reduce the amount of California credit to beallocated under paragraphs (2) and (3) by taking into account theincreased federal credit received due to the basis boost providedunder Section 42(d)(5)(B) of the Internal Revenue Code.


(A) The qualified low-income building is at least 15 years old.

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(B) The qualified low-income building is serving householdsof very low-income or extremely low-income such that the averagemaximum household income as restricted, pursuant to an existingregulatory agreement with a federal, state, county, local, or othergovernmental agency, is not more than 45 percent of the areamedian gross income, as determined under Section 42 of theInternal Revenue Code, adjusted by household size, and a tax creditregulatory agreement is entered into for a period of not less than55 years restricting the average targeted household income to nomore than 45 percent of the area median income.










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(i) Section 42(j) of the Internal Revenue Code, relating torecapture of credit, shall not be applicable and the followingrequirements of this section shall be set forth in a regulatoryagreement between the California Tax Credit Allocation Committeeand the housing sponsor, and the regulatory agreement shall besubordinated, when required, to any lien or encumbrance of anybanks or other institutional lenders to the project. The regulatoryagreement entered into pursuant to subdivision (f) of Section50199.14 of the Health and Safety Code shall apply, provided thatthe agreement includes all of the following provisions:




(4) A provision that the regulatory agreement shall be deemeda contract enforceable by tenants as third-party beneficiaries thereto

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and that allows individuals, whether prospective, present, or formeroccupants of the building, who meet the income limitationapplicable to the building, the right to enforce the regulatoryagreement in any state court.

(5) A provision incorporating the requirements of Section 42of the Internal Revenue Code, relating to low-income housingcredit, as modified by this section.

(6) A requirement that the housing sponsor notify the CaliforniaTax Credit Allocation Committee or its designee if there is adetermination by the Internal Revenue Service that the project isnot in compliance with Section 42(g) of the Internal Revenue Code,relating to qualified low-income housing project.


(8) A provision that the remedies available in the event of adefault under the regulatory agreement that is not cured within areasonable cure period include, but are not limited to, allowingany of the parties designated to enforce the regulatory agreementto collect all rents with respect to the project; taking possession ofthe project and operating the project in accordance with theregulatory agreement until the enforcer determines the housingsponsor is in a position to operate the project in accordance withthe regulatory agreement; applying to any court for specificperformance; securing the appointment of a receiver to operatethe project; or any other relief as may be appropriate.

(j) (1) The committee shall allocate the housing credit on aregular basis consisting of two or more periods in each calendaryear during which applications may be filed and considered. Thecommittee shall establish application filing deadlines, the maximumpercentage of federal and state low-income housing tax creditceiling that may be allocated by the committee in that period, andthe approximate date on which allocations shall be made. If theenactment of federal or state law, the adoption of rules orregulations, or other similar events prevent the use of two allocationperiods, the committee may reduce the number of periods and

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adjust the filing deadlines, maximum percentage of credit allocated,and allocation dates.


(3) Notwithstanding Section 42(m) of the Internal RevenueCode, relating to responsibilities of housing credit agencies, theCalifornia Tax Credit Allocation Committee shall allocate housingcredits in accordance with the qualified allocation plan andregulations, which shall include the following provisions:


(i) The housing sponsor shall demonstrate that there is a needand demand for low-income housing in the community or regionfor which it is proposed.






(vii) The housing sponsor shall demonstrate the amount of taxcredit that is necessary for the financial feasibility of the projectand its viability as a qualified low-income housing projectthroughout the extended use period, taking into account operating

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expenses, a supportable debt service, reserves, funds set aside forrental subsidies and required equity, and a development fee thatdoes not exceed a specified percentage of the eligible basis of theproject prior to inclusion of the development fee in the eligiblebasis, as determined by the committee.














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(4) For purposes of allocating credits pursuant to this section,the committee shall not give preference to any project by virtueof the date of submission of its application.

(k) Section 42(l) of the Internal Revenue Code, relating tocertifications and other reports to secretary, shall be modified asfollows:


(l) In the case where the credit allowed under this sectionexceeds the net tax, the excess may be carried over to reduce thenet tax in the following year, and succeeding years, if necessary,until the credit has been exhausted.


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(q) Any unused credit may continue to be carried forward, asprovided in subdivision (l), until the credit has been exhausted.

(r) This section shall remain in effect on and after December 1,1990, for as long as Section 42 of the Internal Revenue Code,relating to low-income housing credit, remains in effect.

(s) (1) For a project that receives a preliminary reservationunder this section beginning on or after January 1, 2016, a taxpayermay make an irrevocable election in its application to the CaliforniaTax Credit Allocation Committee to sell all or any portion of anycredit allowed under this section to one or more unrelated partiesfor each taxable year in which the credit is allowed subject to bothof the following conditions:


(B) The unrelated party or parties purchasing any or all of thecredit pursuant to this subdivision is a taxpayer allowed the creditunder this section for the taxable year of the purchase or any priortaxable year or is a taxpayer allowed the federal credit underSection 42 of the Internal Revenue Code, relating to low-incomehousing credit, for the taxable year of the purchase or any priortaxable year in connection with any project located in this state.For purposes of this subparagraph, “taxpayer allowed the creditunder this section” means a taxpayer that is allowed the credit

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under this section without regard to the purchase of a creditpursuant to this subdivision.


(B) The California Tax Credit Allocation Committee shallprovide an annual listing to the Franchise Tax Board, in a formand manner agreed upon by the California Tax Credit AllocationCommittee and the Franchise Tax Board, of the taxpayers thathave sold or purchased a credit pursuant to this subdivision.




(4) Notwithstanding any other provision of law, the taxpayerthat originally received the credit that is sold pursuant to paragraph(1) shall remain solely liable for all obligations and liabilitiesimposed on the taxpayer by this section with respect to the credit,none of which shall apply to any party to whom the credit has beensold or subsequently transferred. Parties who purchase creditspursuant to paragraph (1) shall be entitled to utilize the purchasedcredits in the same manner in which the taxpayer that originallyreceived the credit could utilize them.


(6) Notwithstanding paragraph (1), the taxpayer, with theapproval of the Executive Director of the California Tax CreditAllocation Committee, may rescind the election to sell all or anyportion of the credit allowed under this section if the consideration

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for the credit falls below 80 percent of the amount of the creditafter the California Tax Credit Allocation Committee reservation.

(t) The California Tax Credit Allocation Committee mayprescribe rules, guidelines, or procedures necessary or appropriateto carry out the purposes of this section, including any guidelinesregarding the allocation of the credit allowed under this section.Chapter 3.5 (commencing with Section 11340) of Part 1 of Division3 of Title 2 of the Government Code shall not apply to any rule,guideline, or procedure prescribed by the California Tax CreditAllocation Committee pursuant to this section.

(u) The amendments to this section made by Chapter 1222 ofthe Statutes of 1993 shall apply only to taxable years beginningon or after January 1, 1994.

SEC. 3. Section 23610.5 of the Revenue and Taxation Codeis amended to read:

23610.5. (a) (1) There shall be allowed as a credit against the“tax,” as defined by Section 23036, a state low-income housingtax credit in an amount equal to the amount determined insubdivision (c), computed in accordance with Section 42 of theInternal Revenue Code except as otherwise provided in this section.







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(i) Except for projects to provide farmworker housing, as definedin subdivision (h) of Section 50199.7 of the Health and SafetyCode, that are allocated credits solely under the set-aside describedin subdivision (c) of Section 50199.20 of the Health and SafetyCode, the project’s housing sponsor has been allocated by theCalifornia Tax Credit Allocation Committee a credit for federalincome tax purposes under Section 42 of the Internal RevenueCode.


(B) The California Tax Credit Allocation Committee shall notrequire fees for the credit under this section in addition to thosefees required for applications for the tax credit pursuant to Section42 of the Internal Revenue Code. The committee may require afee if the application for the credit under this section is submittedin a calendar year after the year the application is submitted forthe federal tax credit.



(iii) This subparagraph shall not apply to a project that receivesa preliminary reservation of state low-income housing tax creditsunder the set-aside described in subdivision (c) of Section 50199.20

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of the Health and Safety Code unless the project also receives apreliminary reservation of federal low-income housing tax credits.

(iv) This subparagraph shall cease to be operative with respectto any project that receives a preliminary reservation of a crediton or after January 1, 2016.




(D) All elections made by the taxpayer pursuant to Section 42of the Internal Revenue Code shall apply to this section.

(E) (i) The California Tax Credit Allocation Committee mayallocate a credit under this section in exchange for a credit allocatedpursuant to Section 42(d)(5)(B) of the Internal Revenue Code inamounts up to 30 percent of the eligible basis of a building if thecredits allowed under Section 42 of the Internal Revenue Code arereduced by an equivalent amount.






(2) In the case of any qualified low-income building that (i) isa new building, as defined in Section 42 of the Internal Revenue

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Code and the regulations promulgated thereunder, (ii) not locatedin designated difficult development areas (DDAs) or qualifiedcensus tracts (QCTs), as defined in Section 42(d)(5)(B) of theInternal Revenue Code, and (iii) is federally subsidized, the term“applicable percentage” means for the first three years, 15 percentof the qualified basis of the building, and for the fourth year, 5percent of the qualified basis of the building.




(4) In the case of any qualified low-income building that is (i)a new or an existing building, (ii) located in designated difficultdevelopment areas (DDAs) or qualified census tracts (QCTs) asdefined in Section 42(d)(5)(B) of the Internal Revenue Code, and(iii) federally subsidized, the California Tax Credit AllocationCommittee shall determine the amount of credit to be allocatedunder subparagraph (E) of paragraph (2) of subdivision (b) requiredto produce an equivalent state tax credit to the taxpayer, asproduced in paragraph (2), taking into account the basis boostprovided under Section 42(d)(5)(B) of the Internal Revenue Code.



of very low-income or extremely low-income such that the averagemaximum household income as restricted, pursuant to an existingregulatory agreement with a federal, state, county, local, or other

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governmental agency, is not more than 45 percent of the areamedian gross income, as determined under Section 42 of theInternal Revenue Code, adjusted by household size, and a tax creditregulatory agreement is entered into for a period of not less than55 years restricting the average targeted household income to nomore than 45 percent of the area median income.




(1) The taxpayer shall be entitled to receive a cash distributionfrom the operations of the project, after funding required reserves,that at the election of the taxpayer, is equal to:

(A) An amount not to exceed 8 percent of the lesser of:(i) The owner equity, that shall include the amount of the capital






(3) The housing sponsor shall apply any cash available fordistribution in excess of the amount eligible to be distributed underparagraph (1) to reduce the rent on rent-restricted units or to

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increase the number of rent-restricted units subject to the tests ofSection 42(g)(1) of the Internal Revenue Code.





If, as of the close of any taxable year in the compliance period,after the first year of the credit period, the qualified basis of anybuilding exceeds the qualified basis of that building as of the closeof the first year of the credit period, the housing sponsor, to theextent of its tax credit allocation, shall be eligible for a credit onthe excess in an amount equal to the applicable percentagedetermined pursuant to subdivision (c) for the four-year periodbeginning with the later of the taxable years in which the increasein qualified basis occurs.





(g) The aggregate housing credit dollar amount that may beallocated annually by the California Tax Credit AllocationCommittee pursuant to this section, Section 12206, and Section17058 shall be an amount equal to the sum of all the following:

(1) (A) Seventy million dollars ($70,000,000) for the 2001calendar year, and, for the 2002 calendar year and each calendaryear thereafter, seventy million dollars ($70,000,000) increased

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by the percentage, if any, by which the Consumer Price Index forthe preceding calendar year exceeds the Consumer Price Index forthe 2001 calendar year. For the purposes of this paragraph, theterm “Consumer Price Index” means the last Consumer Price Indexfor All Urban Consumers published by the federal Department ofLabor.






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(i) Section 42(j) of the Internal Revenue Code shall not beapplicable and the following shall be substituted in its place:

The requirements of this section shall be set forth in a regulatoryagreement between the California Tax Credit Allocation Committeeand the housing sponsor, and the regulatory agreement shall besubordinated, when required, to any lien or encumbrance of anybanks or other institutional lenders to the project. The regulatoryagreement entered into pursuant to subdivision (f) of Section50199.14 of the Health and Safety Code shall apply, provided thatthe agreement includes all of the following provisions:




(4) A provision that the regulatory agreement shall be deemeda contract enforceable by tenants as third-party beneficiariesthereto, and that allows individuals, whether prospective, present,or former occupants of the building, who meet the incomelimitation applicable to the building, the right to enforce theregulatory agreement in any state court.

(5) A provision incorporating the requirements of Section 42of the Internal Revenue Code as modified by this section.

(6) A requirement that the housing sponsor notify the CaliforniaTax Credit Allocation Committee or its designee if there is adetermination by the Internal Revenue Service that the project isnot in compliance with Section 42(g) of the Internal Revenue Code.


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(8) The remedies available in the event of a default under theregulatory agreement that is not cured within a reasonable cureperiod include, but are not limited to, allowing any of the partiesdesignated to enforce the regulatory agreement to collect all rentswith respect to the project; taking possession of the project andoperating the project in accordance with the regulatory agreementuntil the enforcer determines the housing sponsor is in a positionto operate the project in accordance with the regulatory agreement;applying to any court for specific performance; securing theappointment of a receiver to operate the project; or any other reliefas may be appropriate.



(3) Notwithstanding Section 42(m) of the Internal RevenueCode the California Tax Credit Allocation Committee shall allocatehousing credits in accordance with the qualified allocation planand regulations, which shall include the following provisions:


(i) The housing sponsor shall demonstrate there is a need forlow-income housing in the community or region for which it isproposed.

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(ii) The project’s proposed financing, including tax creditproceeds, shall be sufficient to complete the project and shall beadequate to operate the project for the extended use period.












(iii) (I) Existing projects that are “at risk of conversion.”

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(II) For purposes of this section, the term “at risk of conversion,”with respect to an existing property means a property that satisfiesall of the following criteria:











(iv) Projects for which a public agency provides direct or indirectlong-term financial support for at least 15 percent of the totalproject development costs or projects for which the owner’s equity

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constitutes at least 30 percent of the total project developmentcosts.



(5) Not less than 20 percent of the low-income housing taxcredits available annually under this section, Section 12206, andSection 17058 shall be set aside for allocation to rural areas asdefined in Section 50199.21 of the Health and Safety Code. Anyamount of credit set aside for rural areas remaining on or afterOctober 31 of any calendar year shall be available for allocationto any eligible project. No amount of credit set aside for rural areasshall be considered available for any eligible project so long asthere are eligible rural applications pending on October 31.



(l) In the case where the credit allowed under this sectionexceeds the “tax,” the excess may be carried over to reduce the“tax” in the following year, and succeeding taxable years ifnecessary, until the credit has been exhausted.






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(q) (1) A corporation may elect to assign any portion of anycredit allowed under this section to one or more affiliatedcorporations for each taxable year in which the credit is allowed.For purposes of this subdivision, “affiliated corporation” has themeaning provided in subdivision (b) of Section 25110, as thatsection was amended by Chapter 881 of the Statutes of 1993, asof the last day of the taxable year in which the credit is allowed,except that “100 percent” is substituted for “more than 50 percent”wherever it appears in the section, as that section was amended byChapter 881 of the Statutes of 1993, and “voting common stock”is substituted for “voting stock” wherever it appears in the section,as that section was amended by Chapter 881 of the Statutes of1993.

(2) The election provided in paragraph (1):(A) May be based on any method selected by the corporation

that originally receives the credit.(B) Shall be irrevocable for the taxable year the credit is allowed,

once made.(C) May be changed for any subsequent taxable year if the

election to make the assignment is expressly shown on each of thereturns of the affiliated corporations that assign and receive thecredits.

(r) Any unused credit may continue to be carried forward, asprovided in subdivision (l), until the credit has been exhausted.

(s) This section shall remain in effect on and after December 1,1990, for as long as Section 42 of the Internal Revenue Code,relating to low-income housing credit, remains in effect.

(t) The amendments to this section made by Chapter 1222 ofthe Statutes of 1993 shall apply only to taxable years beginningon or after January 1, 1994, except that paragraph (1) of subdivision(q), as amended, shall apply to taxable years beginning on or afterJanuary 1, 1993.

SEC. 3.5. Section 23610.5 of the Revenue and Taxation Codeis amended to read:

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23610.5. (a) (1) There shall be allowed as a credit against the“tax,” as defined by Section 23036, a state low-income housingtax credit in an amount equal to the amount determined insubdivision (c), computed in accordance with Section 42 of theInternal Revenue Code, relating to low-income housing credit,except as otherwise provided in this section.







(i) Except for projects to provide farmworker housing, as definedin subdivision (h) of Section 50199.7 of the Health and SafetyCode, that are allocated credits solely under the set-aside describedin subdivision (c) of Section 50199.20 of the Health and SafetyCode, the project’s housing sponsor has been allocated by theCalifornia Tax Credit Allocation Committee a credit for federalincome tax purposes under Section 42 of the Internal RevenueCode, relating to low-income housing credit.


(B) The California Tax Credit Allocation Committee shall notrequire fees for the credit under this section in addition to those

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fees required for applications for the tax credit pursuant to Section42 of the Internal Revenue Code, relating to low-income housingcredit. The committee may require a fee if the application for thecredit under this section is submitted in a calendar year after theyear the application is submitted for the federal tax credit.







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(D) All elections made by the taxpayer pursuant to Section 42of the Internal Revenue Code, relating to low-income housingcredit, shall apply to this section.

(E) (i) The California Tax Credit Allocation Committee mayallocate a credit under this section in exchange for a credit allocatedpursuant to Section 42(d)(5)(B) of the Internal Revenue Code,relating to increase in credit for buildings in high-cost areas, inamounts up to 30 percent of the eligible basis of a building if thecredits allowed under Section 42 of the Internal Revenue Code,relating to low-income housing credit, are reduced by an equivalentamount.







(3) In the case of any qualified low-income building that is (i)an existing building, as defined in Section 42 of the InternalRevenue Code and the regulations promulgated thereunder, (ii)not located in designated difficult development areas (DDAs) or

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qualified census tracts (QCTs), as defined in Section 42(d)(5)(B)of the Internal Revenue Code, and (iii) is federally subsidized, theterm applicable percentage means the following:



(4) In the case of any qualified low-income building that is (i)a new or an existing building, (ii) located in designated difficultdevelopment areas (DDAs) or qualified census tracts (QCTs) asdefined in Section 42(d)(5)(B) of the Internal Revenue Code, and(iii) federally subsidized, the California Tax Credit AllocationCommittee shall determine the amount of credit to be allocatedunder subparagraph (E) of paragraph (2) of subdivision (b) requiredto produce an equivalent state tax credit to the taxpayer, asproduced in paragraph (2), taking into account the basis boostprovided under Section 42(d)(5)(B) of the Internal Revenue Code.





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If, as of the close of any taxable year in the compliance period,after the first year of the credit period, the qualified basis of anybuilding exceeds the qualified basis of that building as of the closeof the first year of the credit period, the housing sponsor, to theextent of its tax credit allocation, shall be eligible for a credit onthe excess in an amount equal to the applicable percentagedetermined pursuant to subdivision (c) for the four-year periodbeginning with the later of the taxable years in which the increasein qualified basis occurs.





(g) The aggregate housing credit dollar amount that may beallocated annually by the California Tax Credit Allocation

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Committee pursuant to this section, Section 12206, and Section17058 shall be an amount equal to the sum of all the following:






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(i) Section 42(j) of the Internal Revenue Code, relating torecapture of credit, shall not be applicable and the following shallbe substituted in its place:

The requirements of this section shall be set forth in a regulatoryagreement between the California Tax Credit Allocation Committeeand the housing sponsor, and the regulatory agreement shall besubordinated, when required, to any lien or encumbrance of anybanks or other institutional lenders to the project. The regulatoryagreement entered into pursuant to subdivision (f) of Section50199.14 of the Health and Safety Code shall apply, provided thatthe agreement includes all of the following provisions:




(4) A provision that the regulatory agreement shall be deemeda contract enforceable by tenants as third-party beneficiaries theretoand that allows individuals, whether prospective, present, or formeroccupants of the building, who meet the income limitationapplicable to the building, the right to enforce the regulatoryagreement in any state court.

(5) A provision incorporating the requirements of Section 42of the Internal Revenue Code, relating to low-income housingcredit, as modified by this section.

(6) A requirement that the housing sponsor notify the CaliforniaTax Credit Allocation Committee or its designee if there is adetermination by the Internal Revenue Service that the project is

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not in compliance with Section 42(g) of the Internal Revenue Code,relating to qualified low-income housing project.


(8) A provision that the remedies available in the event of adefault under the regulatory agreement that is not cured within areasonable cure period include, but are not limited to, allowingany of the parties designated to enforce the regulatory agreementto collect all rents with respect to the project; taking possession ofthe project and operating the project in accordance with theregulatory agreement until the enforcer determines the housingsponsor is in a position to operate the project in accordance withthe regulatory agreement; applying to any court for specificperformance; securing the appointment of a receiver to operatethe project; or any other relief as may be appropriate.



(3) Notwithstanding Section 42(m) of the Internal RevenueCode, relating to responsibilities of housing credit agencies, the

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California Tax Credit Allocation Committee shall allocate housingcredits in accordance with the qualified allocation plan andregulations, which shall include the following provisions:


(i) The housing sponsor shall demonstrate there is a need forlow-income housing in the community or region for which it isproposed.

(ii) The project’s proposed financing, including tax creditproceeds, shall be sufficient to complete the project and shall beadequate to operate the project for the extended use period.









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(5) Not less than 20 percent of the low-income housing taxcredits available annually under this section, Section 12206, andSection 17058 shall be set aside for allocation to rural areas asdefined in Section 50199.21 of the Health and Safety Code. Anyamount of credit set aside for rural areas remaining on or afterOctober 31 of any calendar year shall be available for allocationto any eligible project. No amount of credit set aside for rural areasshall be considered available for any eligible project so long asthere are eligible rural applications pending on October 31.

(k) Section 42(l) of the Internal Revenue Code, relating tocertifications and other reports to secretary, shall be modified asfollows:


(l) In the case where the credit allowed under this sectionexceeds the “tax,” the excess may be carried over to reduce the“tax” in the following year, and succeeding taxable years ifnecessary, until the credit has been exhausted.


(1) The project was not placed in service prior to 1990.

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(2) To the extent the amendments made to this section by theStatutes of 1990 conflict with any provisions existing in this sectionprior to those amendments, the prior provisions of law shall prevail.





(q) (1) A corporation may elect to assign any portion of anycredit allowed under this section to one or more affiliatedcorporations for each taxable year in which the credit is allowed.For purposes of this subdivision, “affiliated corporation” has themeaning provided in subdivision (b) of Section 25110, as thatsection was amended by Chapter 881 of the Statutes of 1993, asof the last day of the taxable year in which the credit is allowed,except that “100 percent” is substituted for “more than 50 percent”wherever it appears in the section, as that section was amended byChapter 881 of the Statutes of 1993, and “voting common stock”is substituted for “voting stock” wherever it appears in the section,as that section was amended by Chapter 881 of the Statutes of1993.

(2) The election provided in paragraph (1):(A) May be based on any method selected by the corporation

that originally receives the credit.(B) Shall be irrevocable for the taxable year the credit is allowed,

once made.(C) May be changed for any subsequent taxable year if the

election to make the assignment is expressly shown on each of thereturns of the affiliated corporations that assign and receive thecredits.

(r) Any unused credit may continue to be carried forward, asprovided in subdivision (l), until the credit has been exhausted.

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(s) This section shall remain in effect on and after December 1,1990, for as long as Section 42 of the Internal Revenue Code,relating to low-income housing credit, remains in effect.

(t) (1) For a project that receives a preliminary reservationunder this section beginning on or after January 1, 2016, a taxpayermay make an irrevocable election in its application to the CaliforniaTax Credit Allocation Committee to sell all or any portion of anycredit allowed under this section to one or more unrelated partiesfor each taxable year in which the credit is allowed subject to bothof the following conditions:


(B) (i) The unrelated party or parties purchasing any or all ofthe credit pursuant to this subdivision is a taxpayer allowed thecredit under this section for the taxable year of the purchase or anyprior taxable year or is a taxpayer allowed the federal credit underSection 42 of the Internal Revenue Code, relating to low-incomehousing credit, for the taxable year of the purchase or any priortaxable year in connection with any project located in this state.

(ii) For purposes of this subparagraph, “taxpayer allowed thecredit under this section” means a taxpayer that is allowed thecredit under this section without regard to any of the following:

(I) The purchase of a credit under this section pursuant to thissubdivision.

(II) The assignment of a credit under this section pursuant tosubdivision (q).

(III) The assignment of a credit under this section pursuant toSection 23363.


(B) The California Tax Credit Allocation Committee shallprovide an annual listing to the Franchise Tax Board, in a formand manner agreed upon by the California Tax Credit Allocation

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Committee and the Franchise Tax Board, of the taxpayers thathave sold or purchased a credit pursuant to this subdivision.




(4) Notwithstanding any other provision of law, the taxpayerthat originally received the credit that is sold pursuant to paragraph(1) shall remain solely liable for all obligations and liabilitiesimposed on the taxpayer by this section with respect to the credit,none of which shall apply to any party to whom the credit has beensold or subsequently transferred. Parties who purchase creditspursuant to paragraph (1) shall be entitled to utilize the purchasedcredits in the same manner in which the taxpayer that originallyreceived the credit could utilize them.


(6) Notwithstanding paragraph (1), the taxpayer, with theapproval of the Executive Director of the California Tax CreditAllocation Committee, may rescind the election to sell all or anyportion of the credit allowed under this section if the considerationfor the credit falls below 80 percent of the amount of the creditafter the California Tax Credit Allocation Committee reservation.

(u) The California Tax Credit Allocation Committee mayprescribe rules, guidelines, or procedures necessary or appropriateto carry out the purposes of this section, including any guidelinesregarding the allocation of the credit allowed under this section.Chapter 3.5 (commencing with Section 11340) of Part 1 of Division3 of Title 2 of the Government Code shall not apply to any rule,guideline, or procedure prescribed by the California Tax CreditAllocation Committee pursuant to this section.

(v) The amendments to this section made by Chapter 1222 ofthe Statutes of 1993 shall apply only to taxable years beginningon or after January 1, 1994, except that paragraph (1) of subdivision

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(q), as amended, shall apply to taxable years beginning on or afterJanuary 1, 1993.

SEC. 4. The California Tax Credit Allocation Committee shallenter into an agreement with the Franchise Tax Board to pay anycosts incurred by the Franchise Tax Board in the administrationof subdivision (o) of Section 12206, subdivision (s) of Section17058, and subdivision (t) of Section 23610.5 of the Revenue andTaxation Code.

SEC. 5. (a) Section 1.5 of this bill incorporates amendmentsto Section 12206 of the Revenue and Taxation Code proposed byboth this bill and Senate Bill 377. It shall only become operativeif (1) both bills are enacted and become effective on or beforeJanuary 1, 2016, (2) each bill amends Section 12206 of theRevenue and Taxation Code, and (3) this bill is enacted after SenateBill 377, in which case Section 1 of this bill shall not becomeoperative.

(b) Section 2.5 of this bill incorporates amendments to Section17058 of the Revenue and Taxation Code proposed by both thisbill and Senate Bill 377. It shall only become operative if (1) bothbills are enacted and become effective on or before January 1,2016, (2) each bill amends Section 17058 of the Revenue andTaxation Code, and (3) this bill is enacted after Senate Bill 377,in which case Section 2 of this bill shall not become operative.

(c) Section 3.5 of this bill incorporates amendments to Section23610.5 of the Revenue and Taxation Code proposed by both thisbill and Senate Bill 377. It shall only become operative if (1) bothbills are enacted and become effective on or before January 1,2016, (2) each bill amends Section 23610.5 of the Revenue andTaxation Code, and (3) this bill is enacted after Senate Bill 377,in which case Section 3 of this bill shall not become operative.

(d) Section 5 of this bill, which adds an uncodified provisionthat requires the California Tax Credit Allocation Committee toenter a specified agreement with the Franchise Tax Board. proposedby both this bill and Senate Bill 377, shall only become operativeif (1) both bills are enacted and become effective on or beforeJanuary 1, 2016, (2) each bill amends Sections 12206, 17058, and23610.5 of the Revenue and Taxation Code, (3) each bill adds theuncodified provision set forth in Section 5, and (4) this bill isenacted after Senate Bill 377.

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SEC. 6. This act provides for a tax levy within the meaning ofArticle IV of the Constitution and shall go into immediate effect.

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Approved , 2015

Governor

secretary of the senate -...

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