AB 1021, as amended, Eggman. Alternative energy: recycled feedstock.
Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial assistance for projects that promote the use of alternative energies.begin insert Existing law authorizes the authority to approve a project for financial assistance in the form of the sales and use tax exclusion.end insert
This bill wouldbegin delete authorize the authority to provide financial assistance toend deletebegin insert expand projects eligible for the sales and use tax exclusion to includeend insert projects that process or utilize recycled feedstockbegin insert,
as defined, that is intended to be reused in the production of another product or soil amendmentend insert.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 26003 of the Public Resources Code, as
2amended by Section 5 of Chapter 677 of the Statutes of 2012, is
3amended to read:
(a) As used in this division, unless the context
2otherwise requires:
3(1) (A) “Advanced manufacturing” means manufacturing
4processes that improve existing, or create entirely new materials,
5products, and processes through the use of science, engineering,
6or information technologies, high-precision tools and methods, a
7high-performance workforce, and innovative business or
8organizational models utilizing any of the following technology
9areas:
10(i) Micro- and nanoelectronics, including semiconductors.
11(ii) Advanced materials.
12(iii) Integrated computational materials engineering.
13(iv) Nanotechnology.
14(v) Additive manufacturing.
15(vi) Industrial biotechnology.
16(B) “Advanced manufacturing” includes all of the following:
17(i) Systems that result from substantive advancement, whether
18incremental or breakthrough, beyond the current industry standard,
19in the production of materials and products. These advancements
20include improvements in manufacturing processes and systems
21that are often referred to as “smart” or “intelligent” manufacturing
22systems, which integrate
computational predictability and
23operational efficiency.
24(ii) (I) Sustainable manufacturing systems and manufacturing
25technologies that minimize the use of resources while maintaining
26or improving cost and performance.
27(II) Sustainable manufacturing systems and manufacturing
28technologies do not include those required to be undertaken
29pursuant to state or federal law or regulations, air district rules or
30regulations, memoranda of understanding with a governmental
31entity, or legally binding agreements or documents. The State Air
32Resources Board shall advise the authority to ensure that the
33requirements of this clause are met.
34(2) (A) “Advanced transportation technologies” means
35emerging
commercially competitive transportation-related
36technologies identified by the authority as capable of creating
37long-term, high value-added jobs for Californians while enhancing
38the state’s commitment to energy conservation, pollution and
39greenhouse gas emissions reduction, and transportation efficiency.
P3 1(B) “Advanced transportation technologies” does not include
2those projects required to be undertaken pursuant to state or federal
3law or regulations, air district rules or regulations, memoranda of
4understanding with a governmental entity, or legally binding
5agreements or documents. The State Air Resources Board shall
6advise the authority regarding projects that are excluded pursuant
7to this subparagraph.
8(3) (A) “Alternative sources” means devices or
technologies
9used for a renewable electrical generation facility, as defined in
10paragraph (1) of subdivision (a) of Section 25741, a combined
11heat and power system, as defined in Section 2840.2 of the Public
12Utilities Code, distributed generation and energy storage
13technologies eligible under the self-generation incentive program
14pursuant to Section 379.6 of the Public Utilities Code, as
15determined by the Public Utilities Commission, or a facility
16designed for the production of renewable fuels, the efficient use
17of which reduce the use of fossil or nuclear fuels, and energy
18efficiency devices or technologies that reduce the need for new
19electric generation and reduce emissions of toxic and criteria
20pollutants and greenhouse gases.
21(B) “Alternative sources” does not include a hydroelectric
22facility that does not meet state laws pertaining to
the control,
23appropriation, use, and distribution of water, including, but not
24limited to, the obtaining of applicable licenses and permits.
25(4) “Authority” means the California Alternative Energy and
26Advanced Transportation Financing Authority established pursuant
27to Section 26004, and any board, commission, department, or
28officer succeeding to the functions of the authority, or to which
29the powers conferred upon the authority by this division shall be
30given.
31(5) “Cost” as applied to a project or portion of the project
32financed under this division means all or part of the cost of
33construction and acquisition of all lands, structures, real or personal
34property or an interest in the real or personal property, rights,
35rights-of-way, franchises, easements, and interests acquired or
36
used for a project; the cost of demolishing or removing any
37buildings or structures on land so acquired, including the cost of
38acquiring any lands to which those buildings or structures may be
39moved; the cost of all machinery, equipment, and furnishings,
40financing charges, interest prior to, during, and for a period after,
P4 1completion of construction as determined by the authority;
2provisions for working capital; reserves for principal and interest
3and for extensions, enlargements, additions, replacements,
4renovations, and improvements; the cost of architectural,
5engineering, financial, accounting, auditing and legal services,
6plans, specifications, estimates, administrative expenses, and other
7expenses necessary or incident to determining the feasibility of
8constructing any project or incident to the construction, acquisition,
9or financing of a project.
10(6) “Financial assistance” includes, but is not limited to, loans,
11loan loss reserves, interest rate reductions, proceeds of bonds issued
12by the authority, bond insurance, loan guarantees or other credit
13enhancements or liquidity facilities, contributions of money, or a
14combination thereof, as determined by, and approved by the
15resolution of, the board.
16(7) (A) “Participating party” means a person, federal or state
17agency, department, board, authority, or commission, state or
18community college, or university, or a city or county, regional
19agency, public district, school district, or other political entity
20engaged in the business or operations in the state, whether
21organized for profit or not for profit, that applies for financial
22assistance from the authority for the
purpose of implementing a
23project.
24(B) For the purposes of Section 6010.8 of the Revenue and
25Taxation Code, “participating party” means an entity specified in
26subparagraph (A) that seeks financial assistance pursuant to Section
2726011.8.
28(8) (A) “Project” means a land, building, improvement to the
29land or building, rehabilitation, work, property, or structure, real
30or personal, stationary or mobile, including, but not limited to,
31machinery and equipment, whether or not in existence or under
32construction, that utilizes, or is designed to utilize, an alternative
33source, or that is utilized for the design, technology transfer,
34manufacture, production, assembly, distribution, or service of
35advanced transportation technologies or alternative source
36componentsbegin delete, or that processes or utilizes recycled feedstockend delete.
37(B) “Project,” for the purposes of Section 26011.8 and Section
386010.8 of the Revenue and Taxation Code, means any tangible
39personal propertybegin insert that processes or utilitizes recycled feedstock
40that is intended to be reused in the production of another product
P5 1or soil amendment, orend insert that is utilized for the design, manufacture,
2production, or assembly of advanced manufacturing, advanced
3transportation technologies, or alternative source products,
4components, or begin deletesystems, or that processes or utilizes recycled begin insert system.end insert
5feedstock.end delete
6(9) “Recycled feedstock” means material that would otherwise
7be destined for disposal, having completed its intended end use
8and product lifecycle, that is intended to be reused in the
9production of another product or soil amendment.
10(9)
end delete
11begin insert(10)end insert “Revenue” means all rents, receipts, purchase payments,
12loan repayments, and all other income or receipts derived by the
13authority from a project, or the sale, lease, or other disposition of
14alternative source or advanced transportation technology facilities,
15or the making of loans to finance
alternative source or advanced
16transportation technology facilities, and any income or revenue
17derived from the investment of money in any fund or account of
18the authority.
19(b) This section shall become inoperative on July 1, 2016, and,
20as of January 1, 2017, is repealed, unless a later enacted statute,
21that becomes operative on or before January 1, 2017, deletes or
22extends the dates on which it becomes inoperative and is repealed.
Section 26003 of the Public Resources Code, as added
24by Section 6 of Chapter 677 of the Statutes of 2012, is amended
25to read:
(a) As used in this division, unless the context
27otherwise requires:
28(1) (A) “Advanced transportation technologies” means
29emerging commercially competitive transportation-related
30technologies identified by the authority as capable of creating
31long-term, high value-added jobs for Californians while enhancing
32the state’s commitment to energy conservation, pollution and
33greenhouse gas emissions reduction, and transportation efficiency.
34(B) “Advanced transportation technologies” does not include
35those projects required to be undertaken pursuant to state or federal
36law or regulations, air district rules or
regulations, memoranda of
37understanding with a governmental entity, or legally binding
38agreements or documents. The State Air Resources Board shall
39advise the authority regarding projects that are excluded pursuant
40to this subparagraph.
P6 1(2) (A) “Alternative sources” means devices or technologies
2used for a renewable electrical generation facility, as defined in
3paragraph (1) of subdivision (a) of Section 25741, a combined
4heat and power system, as defined in Section 2840.2 of the Public
5Utilities Code, distributed generation and energy storage
6technologies eligible under the self-generation incentive program
7pursuant to Section 379.6 of the Public Utilities Code, as
8determined by the Public Utilities Commission, or a facility
9designed for the production of renewable fuels, the efficient use
10of which reduce the
use of fossil or nuclear fuels, and energy
11efficiency devices or technologies that reduce the need for new
12electric generation and reduce emissions of toxic and criteria
13pollutants and greenhouse gases.
14(B) “Alternative sources” does not include a hydroelectric
15facility that does not meet state laws pertaining to the control,
16appropriation, use, and distribution of water, including, but not
17limited to, the obtaining of applicable licenses and permits.
18(3) “Authority” means the California Alternative Energy and
19Advanced Transportation Financing Authority established pursuant
20to Section 26004, and any board, commission, department, or
21officer succeeding to the functions of the authority, or to which
22the powers conferred upon the authority by this division shall be
23given.
24(4) “Cost” as applied to a project or portion of the project
25financed under this division means all or part of the cost of
26construction and acquisition of all lands, structures, real or personal
27property or an interest in the real or personal property, rights,
28rights-of-way, franchises, easements, and interests acquired or
29used for a project; the cost of demolishing or removing any
30buildings or structures on land so acquired, including the cost of
31acquiring any lands to which those buildings or structures may be
32moved; the cost of all machinery, equipment, and furnishings,
33financing charges, interest prior to, during, and for a period after,
34completion of construction as determined by the authority;
35provisions for working capital; reserves for principal and interest
36and for extensions, enlargements, additions, replacements,
37renovations,
and improvements; the cost of architectural,
38engineering, financial, accounting, auditing and legal services,
39plans, specifications, estimates, administrative expenses, and other
40expenses necessary or incident to determining the feasibility of
P7 1constructing any project or incident to the construction, acquisition,
2or financing of a project.
3(5) “Financial assistance” includes, but is not limited to, loans,
4loan loss reserves, interest rate reductions, proceeds of bonds issued
5by the authority, bond insurance, loan guarantees or other credit
6enhancements or liquidity facilities, contributions of money, or a
7combination thereof, as determined by, and approved by the
8resolution of, the board.
9(6) (A) “Participating party” means a person, federal or state
10agency,
department, board, authority, or commission, state or
11community college, or university, or a city or county, regional
12agency, public district, school district, or other political entity
13engaged in the business or operations in the state, whether
14organized for profit or not for profit, that applies for financial
15assistance from the authority for the purpose of implementing a
16project.
17(B) For the purposes of Section 6010.8 of the Revenue and
18Taxation Code, “participating party” means an entity specified in
19subparagraph (A) that seeks financial assistance pursuant to Section
2026011.8.
21(7) (A) “Project” means a land, building, improvement to the
22land or building, rehabilitation, work, property, or structure, real
23or personal, stationary or mobile, including, but
not limited to,
24machinery and equipment, whether or not in existence or under
25construction, that utilizes, or is designed to utilize, an alternative
26source, or that is utilized for the design, technology transfer,
27manufacture, production, assembly, distribution, or service of
28advanced transportation technologies or alternative source
29componentsbegin delete, or that processes or utilizes recycled feedstockend delete.
30(B) “Project,” for the purposes of Section 26011.8 and Section
316010.8 of the Revenue and Taxation Code, means any tangible
32personal propertybegin insert that processes or utilitizes recycled feedstock
33that is intended to be reused in the production of another product
34or soil amendment, orend insert that is utilized
for the design, manufacture,
35production, or assembly of advanced transportation technologies
36or alternative source products, components, or systems, or that
37processes or utilizes recycled feedstock.
38(8) “Recycled feedstock” means material that would otherwise
39be destined for disposal, having completed its intended end use
P8 1and product lifecycle, that is intended to be reused in the
2production of another product or soil amendment.
3(8)
end delete
4begin insert(9)end insert “Revenue” means all rents,
receipts, purchase payments,
5loan repayments, and all other income or receipts derived by the
6authority from a project, or the sale, lease, or other disposition of
7alternative source or advanced transportation technology facilities,
8or the making of loans to finance alternative source or advanced
9transportation technology facilities, and any income or revenue
10derived from the investment of money in any fund or account of
11the authority.
12(b) This section shall become operative on July 1, 2016.
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