BILL ANALYSIS AB 384 Page 1 Date of Hearing: January 21, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair AB 384 (Ma) - As Amended: January 4, 2010 Policy Committee: Revenue and Taxation Vote: 8-0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill extends, from 2010-11 to 2015-16, the application of the current standard assessment methodology for determining the fair market value of certificated aircraft owned by commercial air carriers for property tax purposes. FISCAL EFFECT 1)The State Board of Equalization (BOE) estimates that this bill will have no revenue impact since the existing valuation methodology is a reasonable method for determining fair market value of certificated aircraft and this bill simply extends the application of this methodology. 2)Major administrative savings to both county assessors and airlines due to continued use of a standard assessment methodology. COMMENTS 1)Rationale . This bill is sponsored by the California Assessors' Association (CAA), which states that its purpose is to continue operation of a successful centralized assessment procedure, resulting in administrative efficiencies for both the air carriers and the counties. The bill is nearly identical to AB 311, which passed both houses of the Legislature in 2009. The bill was vetoed by the governor, however, who stated that, while the bill represented AB 384 Page 2 a continuation of an important tax assessment methodology, its provisions did not reflect a consensus among stakeholders. 2)Opposition. While most major airlines and the California Assessors' Association supported AB 311, Southwest Airlines opposed the measure on the grounds that the current methodology's reliance on the Airliner Price Guide to determine fleet values has led to unwarranted increases in assessed values of its newer aircraft. AB 384 attempts to address this concern by including "rebuttable presumption" language, allowing a taxpayer to appeal the valuation. Under the language, an assessment appeals board could make an alternative assessment for the aircraft when the facts presented in an appeal clearly overcome the presumption of correctness of the standard methodology. Despite this language, Southwest Airlines remains opposed to the new measure. 3)Background . Certificated aircraft used in commercial aviation are subject to California's property tax. As personal property, the aircraft are not subject to the valuation limitations of Proposition 13. Hence, they must be valued each year. Aircraft valuation was a contentious issue prior to 1998, as no specific assessment methodology existed in California. In 1998, a group of counties and airline industry representatives entered into a written settlement agreement to dispose of outstanding litigation and appeals over the valuation of certificated aircraft. The settlement agreement created a new unified assessment methodology for valuing aircraft that was subsequently codified into law. The calculations were refined in 2005 by a working group of industry and county representatives, to apply more consistent standards for aircraft valuation. The current valuation methodology has three key elements. First is the selection of a lead county for the purpose of valuing each carrier's fleet of aircraft. Second is the determination by the lead county assessor of the total value of the full fleet of each type of aircraft operated by the carrier based on standard valuation methods, which may include reliance on prices derived from the "Airliner Price Guide". (This guide is an industry "blue book" of new and used AB 384 Page 3 aircraft and engine values, based on actual transactions). Third is the transmission of total fleet value to assessors in each county where the carrier operates, who then allocate a portion of the total fleet value to their county based percentage of the fleet's time spent in their county. The latter calculation is based on a formula that takes into account the percentage of the fleet's total landings occurring in the county and information from the airlines flight schedule. Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081