BILL ANALYSIS Ó AB 754 Page 1 ASSEMBLY THIRD READING AB 754 (Muratsuchi) As Amended April 29, 2013 Majority vote REVENUE & TAXATION 9-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Bocanegra, Dahle, Gordon, |Ayes:|Gatto, Harkey, Bigelow, | | |Wagner, Mullin, Nestande, | |Bocanegra, Bradford, Ian | | |Pan, | |Calderon, Campos, | | |V. Manuel Pérez, Ting | |Donnelly, Eggman, Gomez, | | | | |Hall, Ammiano, Linder, | | | | |Pan, Quirk, Wagner, Weber | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Allows taxpayers to contribute their own funds to the California Beach and Coastal Enhancement Account (Account) through a designation on the state personal income tax (PIT) return. Specifically, this bill provides that all money transferred to the Account, upon appropriation by the Legislature, shall be allocated to the: 1)Franchise Tax Board (FTB) and the State Controller for reimbursement of all administrative costs incurred. 2)California Coastal Commission (CCC) to support eligible programs awarded grants under the selection criteria CCC has established for the Whale Tail Grants Program (Program), and for direct Program-related expenses. EXISTING LAW : 1)Establishes the Account in the California Environmental License Plate Fund. 2)Allows taxpayers to designate on their PIT returns a contribution to any of 18 voluntary contribution funds (VCFs). 3)Provides a specific sunset date for each VCF, except for the California Seniors Special Fund and the State Parks Protection Fund. AB 754 Page 2 FISCAL EFFECT : The FTB estimates that this bill would reduce General Fund revenues by $10,000 annually beginning in fiscal year 2014-15. COMMENTS : 1)The author has provided the following statement in support of this bill: [AB 754] would allow taxpayers who value coastal conservation programs to make a contribution to the [California Beach and Coastal Enhancement Account] when filing their state income tax return. The funds would be distributed to existing grant programs that have a proven record of success and that have much higher demand than resources available. The Whale Tail coastal conservation and education grant programs are very popular and worthy of increased public support. AB 754 is an opportunity to bring more funding to these programs without spending scarce general fund resources. 2)This bill is supported by the CCC, which notes: The [CCC's] WHALE TAIL License Plate was established as a mechanism through which the public can contribute funds to coastal and marine education programs in California. As of December 31, 2012, a total of 210,763 license plates have been sold. WHALE TAIL License Plate sales and renewal fees (plus miscellaneous other small fees) have contributed $20.2 million to the [Account], and $49.3 million to the [Environmental License Plate Fund]. (The additional fees that are charged for personalized plates go to the [Environmental License Plate Fund].) The [CCC] launched the WHALE TAIL License Plate Grants Program in 1998 to support local marine and coastal education efforts in California. The first fourteen AB 754 Page 3 years of the program have provided a combined total of $7.7 million, supporting a total of 461 projects throughout the state of California, which are estimated to have reached a total of 11.6 million people. 3)Assembly Revenue and Taxation Committee staff comments: a) The Whale Tail Grants Program : The Program currently distributes funds from sales of California's "Whale Tale" license plate. Grants support programs that teach California's children and the general public to value and improve the health of the state's marine and coastal resources. Adopt-A-Beach programs, as well as other beach maintenance and coastal habitat restoration programs, are also eligible for grant funding. b) So many causes, so little space : There are countless worthy causes that would benefit from the inclusion of a new VCF on the state's income tax returns. At the same time, space on the returns is limited. Thus, it could be argued that the current system for adding and retaining VCFs on the form is subjective and essentially rewards causes whose proponents can convince the Legislature to include their fund on the form. c) Related legislation : The following related bills have been introduced in the current legislative session: i) AB 247 (Wagner) would extend the repeal date of the California Fund for Senior Citizens until December 1, 2020. AB 247 is pending in the Senate. ii) AB 394 (Yamada) would extend the repeal date of the California Alzheimer's Disease and Related Disorders Research Fund from January 1, 2015, to December 1, 2020. AB 394 is pending in the Senate Governance and Finance Committee. iii) AB 511 (Pan) would establish the American Red Cross, AB 754 Page 4 California Chapters Fund. AB 511 is pending in the Senate Governance and Finance Committee. iv) AB 1286 (Skinner) would suspend the annual adjustment of the minimum contribution amount threshold for the California Breast Cancer Research Fund. AB 1286 is pending in the Senate. v) SB 116 (Liu) would extend the repeal date of the Emergency Food for Families Fund indefinitely and would remove the minimum contribution requirements. SB 116 is pending in the Assembly. vi) SB 571 (Price) would establish and allow taxpayers to make voluntary contributions to the Keep Arts in Schools Fund. SB 571 is pending in the Senate Appropriations Committee. Analysis Prepared by : Edward Beeby and M. David Ruff / REV. & TAX. / (916) 319-2098 FN: 0000650