C.2 Regulatory Resources
In general, the regulatory resources listed below relate to state and federal laws applicable to tax exempt municipal debt as described throughout various chapters of the [Guidebook]. Public agencies should work with bond counsel, financial advisors and other public finance professionals to ensure they fully understand regulatory and other legal requirements regarding the issuance and post issuance administration of debt.
CDIAC (CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION)
Provides resources about selected topics in municipal market regulations. A list of selected regulatory topics that affect municipal issuers is provided below along with links to additional resources and information.
Although most regulation efforts over the last few years are implementations of the Dodd Frank Act’s objectives for a more accountable and transparent financial market, the SEC and MSRB enact rules that affect the municipal market outside of that Act. Additionally, both the federal and state governments routinely introduce legislation that affects municipal markets, for instance by creating new vehicles to finance debt or refining permissible debt issuance and investment practices. www.treasurer.ca.gov/cdiac/introduction.asp
- REGULATORY RESOURCES FOR MUNICIPAL ISSUERS
www.treasurer.ca.gov/cdiac/mmra/index.asp - CDIAC DEBT ISSUANCE REPORTING REQUIREMENTS
www.treasurer.ca.gov/cdiac/reporting.asp
CALIFORNIA LEGISLATIVE BILL SEARCH
www.leginfo.ca.gov/legpubs.html
- ASSEMBLY AND SENATE BILL SEARCH
www.leginfo.ca.gov/legpubs.html - STATE STATUTES AND BILLS – OFFICIAL CALIFORNIA LEGISLATIVE INFORMATION
http://leginfo.legislature.ca.gov/
CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE (CDLAC)
Federal law limits how much tax exempt debt a state can issue in a calendar year for private projects that have a qualified public benefit. This cap is determined by a population based formula. CDLAC was created to set and allocate California’s annual debt ceiling, and administer the State’s tax exempt bond program to issue the debt. CDLAC’s programs are used to finance affordable housing developments for low income Californians, build solid waste disposal and waste recycling facilities, and finance direct loans used by in need college students and their parents.
www.treasurer.ca.gov/cdlac/index.asp
CALAFCO (CALIFORNIA ASSOCIATION LOCAL AGENCY FORMATION COMMISSION)
The California Association of Local Agency Formation Commissions (CALAFCO) is a 501(c)3 non profit founded in 1971. CALAFCO serves as an organization dedicated to assisting member LAFCos with educational, technical and legislative resources that otherwise would not be available. The Association provides state wide coordination of LAFCo activities, serves as a resource to the Legislature and other bodies, and offers a structure for sharing information among the various LAFCos and other governmental agencies.
https://calafco.org/
MUNICIPAL SECURITIES RULEMAKING BOARD (MSRB)
As part of its mission to promote a fair and efficient market, the MSRB maintains industry rules and guidance for municipal securities dealer and municipal advisors.
www.msrb.org/About-MSRB.aspx
- MSRB EDUCATION
www.msrb.org/EducationCenter.aspx - MSRB RULES AND GUIDANCE
www.msrb.org/Rules-and-Interpretations.aspx - MSRB NOTICES
www.msrb.org/Rules-and-Interpretations/Regulatory-Notices.aspx - MSRB POLICY AND ANALYSIS
www.msrb.org/Market-Topics.aspx - MSRB GLOSSARY
www.msrb.org/glossary.aspx
ELECTRONIC MUNICIPAL MARKET ACCESS (EMMA)
EMMA is a vital tool in fulfilling the MSRB’s mission to protect investors and municipal securities issuers. The EMMA Help page provides information on how to use the resources and tools available on EMMA. See “Chapter 5 – Sale of Municipal Debt – Improving Transparency and Investor Access to the Municipal Market”.
https://emma.msrb.org/EmmaHelp/Index
- OFFICIAL SOURCE FOR MUNICIPAL SECURITIES DATA AND DOCUMENTS
https://emma.msrb.org/ - EMMA HELP
https://emma.msrb.org/EmmaHelp/Index
INTERNAL REVENUE SERVICE (IRS)
www.irs.gov/government-entities/federal-state-local-governments
Includes access to information on tax exempt debt, including forms, guides and checklists relating to compliance with federal tax requirements.
- INFORMATION FOR THE TAX EXEMPT BOND COMMUNITY
www.irs.gov/tax-exempt-bonds - VCAP (VOLUNTARY CLOSING AGREEMENT PROGRAM)
www.irs.gov/tax-exempt-bonds/tax-exempt-bonds-voluntary-compliance
U.S. SECURITIES AND EXCHANGE COMMISSION (SEC)
The mission of the SEC is to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. The SEC strives to promote a market environment that is worthy of the public’s trust.
www.sec.gov/about.shtml
- REGULATORY ACTIONS AND RULEMAKING
www.sec.gov/rules.shtml - OFFICE OF CREDIT RATINGS (FOR RATINGS DEFINITIONS, SEE CREDIT RATING AGENCIES)
www.sec.gov/page/ocr-section-landing
GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB)
The GASB is the independent, private sector organization that establishes accounting and financial reporting standards for U.S. state and local governments that follow Generally Accepted Accounting Principles. www.gasb.org/jsp/GASB/Page/GASBLandingPage&cid=1175804799024
- REFERENCE LIBRARY
www.gasb.org/jsp/GASB/Page/GASBLandingPage&cid=1175804799014 - STANDARDS AND GUIDANCE
www.gasb.org/jsp/GASB/Page/GASBLandingPage&cid=1176160042327
UNITED STATES FEDERAL COURTS
The U.S. Courts were created under Article III of the Constitution to administer justice fairly and impartially, within the jurisdiction established by the Constitution and Congress.
www.uscourts.gov/about-federal-courts
- CHAPTER 9 – BANKRUPTCY BASICS
www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter9-bankruptcy-basics