BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 886
                                                                  Page  1

          Date of Hearing:   May 24, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 886 (Allen) - As Amended:  April 16, 2013 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            7-0
                        JEDE                                  8-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the California Transportation Financing  
          Authority to award $500 million in tax credit certificates to  
          exporters and importers who meet specified criteria.   
          Specifically, this bill:

          1)Authorizes the authority to award a tax credit certificate or  
            certificates to an exporter or importer that demonstrates to  
            the satisfaction of the authority that, in a taxable year  
            beginning on or after January 1, 2013, and before January 1,  
            2018, it met any of the following requirements:

             a)   An increase in exports or imports, as specified.

             b)   Specified export and import levels for ports or  
               airports. 

             c)   A net increase, as specified, in the number of qualified  
               full-time employees hired in California during the taxable  
               year. 

             d)   Incurred capital costs for a cargo facility constructed  
               in California during the taxable year. 

          2)Requires the authority to develop procedures for awarding  
            credits, administering the program and charging fees to cover  
            administrative costs.

          3)Limits the total amount of tax credit certificates to be  
            awarded in each of the five calendar years to $100 million,  








                                                                  AB 886
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            for a total of $500 million.  Specifies that any portion of  
            the authorized amount not awarded in a calendar year may be  
            awarded in a future calendar year ending before January 1,  
            2019.

          4)Provides a formula for determining the allowable tax credit,  
            based on either tons of exports or imports through a port,  
            value of exports and imports through an airport, or a number  
            of new employees.

           FISCAL EFFECT  

          The FTB estimates revenue loss of $25 million in fiscal year  
          (FY) 2013-14, $85 million in FY 2014-15, and $100 million in FY  
          2015-16.

           COMMENTS  

           1)Purpose  .  According to the author, California has the  
            potential to lower its high unemployment rate through a plan  
            that promotes and fosters business in California and invests  
            in infrastructure to support goods movement.  

           2)Support  .  Proponents of AB 886, including the Bay Area Council  
            and the Los Angeles County Economic Development Corporation,  
            state California's international trade sector is a powerful  
            engine driving the state's economy and is critically important  
            to economic recovery.  According to supporters, AB 886 helps  
            to protect and grow the important international trade sector  
            and creates jobs for Californians by providing tax incentives  
            for boosting exports and imports through California seaports  
            and airports and, most importantly, by creating new  
            cargo-moving jobs.  

            Proponents contend California cannot afford to take its  
            competitive edge in international trade for granted, as  
            California continues to compete with Canadian and Mexican  
            ports, as well as American ports.  Supporters declare  
            competition will intensify as Gulf and east coast ports  
            aggressively pursue California's market share once the widened  
            Panama Canal becomes operational in 2015.
                
            3)Background.   California is a major trade gateway on the  
            Pacific Rim and is home to three of the world's 50 largest  
            ports.  There is concern about the future of the ports because  








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            of growing competition around the world.  On the West Coast,  
            Canada is aggressively marketing its mega port in Vancouver  
            and new port facilities in Prince Rupert, specifically  
            highlighting the economic and time advantages over Southern  
            California ports.  Mexico is also beginning to compete.  The  
            biggest competition, however, may come from improvements to  
            the Panama Canal.  In 2014, a $5.25 billion expansion of the  
            Panama Canal will be completed.  The new expansion will allow  
            larger ships to move through the canal, allowing a bigger  
            share of Asian container freight to move directly through to  
            the eastern U.S.

           4)Previous Legislation.  
               
               a)     AB 2656 (C. Calderon) of 2012 was similar to AB 886.  
                  This bill was held on this committee's Suspense File.

               b)     SB 830 (Wright and Bradford), 2011, created a trade  
                 infrastructure tax credit for taxpayers that invest in  
                 and use public port facilities in California.  SB 830  
                 failed to pass out of the Senate Committee on Governance  
                 and Finance. 

               c)     AB 2687 (Bradford), 2010, created a trade  
                 infrastructure investment tax credit and an import-export  
                 cargo tax credit for taxpayers that invest in and use  
                 public port facilities in California.  AB 2687 was held  
                 on this committee's Suspense File.

           1)There is no registered opposition to this bill.  


           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081