BILL ANALYSIS
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Denise Moreno Ducheny, Chair
Bill No: SB 71
Author: Padilla
As Amended: March 22, 2010
Consultant: Keely Martin Bosler
Fiscal: Yes
Hearing Date: March 22, 2010
Subject: Sales and use tax exemption: qualified projects.
Summary: This bill authorizes the California Alternative
Energy and Advanced Transportation Financing Authority
(CAEATFA) to approve a sales and use tax exemption on
tangible personal property utilized for the design,
manufacture, production, or assembly of advanced
transportation technologies or alternative energy source
products, components or system. The sales and use tax
exemption would sunset on January 1, 2021.
Background: The CAEATFA is a state authority at the State
Treasurer's Office. The CAEATFA was created for the
purpose of promoting the development and utilization of
alternative energy sources and the development and
commercialization of advanced transportation technologies.
Existing law authorizes the Authority to finance projects
utilizing alternative energy sources and advanced
transportation technologies using lease revenue bonds.
Existing law exempts CAEATFA from paying the sales and use
tax on tangible personal property constituting a project as
defined by Public Resources Code 26003.
The CAEATFA consists of five members: the Director of
Finance, the Chairman of the California Energy Commission,
the President of the Public Utilities Commission, the
Controller, and the Treasurer.
Proposed Law: This bill creates a new definition of a
CAEATFA "project" and authorizes CAEATFA to approve a
project for financial assistance in the form of the sales
and use tax exemption under CAEATFA's existing authority.
This bill defines "project" for the purposes of the sales
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and use tax exemption as any tangible personal property
that is utilized for the design, manufacture, production,
or assembly of advanced transportation technologies or
alternative source products, components, or system. This
bill specifies that alternative source includes advanced
electric distributive generation technology or energy
storage technologies and their component materials.
This bill would sunset the sales and use tax exemption for
the new definition of "project" in ten years on January 1,
2021. This bill would require the Authority to provide a
20-day notice to the Legislature prior to making additional
approvals of sales and use tax exemption once the
exemptions exceed $100 million annually.
This bill directs CAEATFA to evaluate "project"
applications for the sales and use tax exemption based upon
certain criteria that encourages manufacturing facilities
and jobs located in California, and the reduction of
greenhouse gases beyond the reduction required by federal
or state law or regulation.
The bill requires the Legislative Analyst's Office to
report to the Joint Legislative Budget Committee on the
effectiveness of this program prior to the sunset.
Fiscal Effect: This bill is not likely to have a
significant impact on revenues in the 2010-11 budget year.
The bill is intended to attract new investments in
California by green technology companies that would not
occur in the absence of this tax incentive. The resulting
revenue loss, therefore, would not be scored against the
baseline sales tax projections used by the Department of
Finance.
Additionally, any sales and use tax revenue loss could be
offset by an unknown amount of corporate tax revenue and
income tax revenues, to the extent that this credit
provides sufficient incentive for companies to establish
manufacturing facilities and create new jobs in California
that otherwise would not have been established in the
State.
Support: None available.
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Opposed: None available.
Comments: Sales and use tax exemptions are provided in
existing law for various purposes including providing an
incentive for certain economic investments in California.
This tax exemption is directed to provide incentives to
manufacturers of advanced transportation technologies and
alternative energy source products.
The Legislature approved and the Governor signed Chapter
488, Statutes of 2006 (AB 32, Pavley), which mandates that
California reduce its greenhouse gas emissions to 1990
levels by 2020. The development of alternative
technologies will ultimately help the State comply with
these laws and regulations.
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