BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1112| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1112 Author: Ammiano (D) Amended: 9/11/13 in Senate Vote: 21 PRIOR VOTES NOT RELEVANT SUBJECT : Transportation transactions and use taxes: Bay Area SOURCE : Author DIGEST : This bill deletes the 1% limitation on the combined local sales tax rate under the Bay Area County Traffic and Transportation Funding Act. ANALYSIS : Existing law, under the Public Utilities Code, creates the Bay Area County Traffic and Transportation Funding Act (Act) which authorizes the formation of county transportation authorities in each of the 9 Bay Area counties, and provides for the imposition of a retail transaction and use tax of either 1/2 of 1% or 1%, subject to voter approval, with revenues to be used for various transportation purposes. The Act, however, caps the total rate of tax that may be imposed in a county under these provisions and under the Transactions and Use Tax Law to 1%. Existing law, under the Revenue and Taxation Code Section 7251.1, caps the combined local sales tax rate for other local entities at 2%. CONTINUED AB 1112 Page 2 This bill would delete the 1% combined local sales tax rate under the Act. Comments The San Francisco County Transportation Authority (SFCTA) is based on the statutory process found in Division 12.5 of the Public Utilities Code (County Traffic and Transportation Funding in the Nine-County San Francisco Bay Area, commencing with PUC 131000) for the authorization to seek successful voter approval of its local sales tax program, known as "Prop K". The Authority is presently working in concert with the City and County to develop potential funding options for consideration in the coming year, and in undertaking the research to support this effort have found this cap to be too limiting. Other local county agencies operating a local, voter approved sales tax are subject to a total local sales tax "cap" of 2%. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 9/12/13) City of San Francisco County of San Francisco San Francisco County Transportation Authority ARGUMENTS IN SUPPORT : According to the author, San Francisco's unique geography and population have led to some of the most intensive transportation needs in California. At the same time, an archaic piece of code limits the SFCTA's ability to use sales tax revenue. While Revenue and Taxation Code allows an overall local sales tax cap of 2%, an older 1986 code limits the SFCTA under a cap that is only 1% - half the revenue potential. That restriction doesn't apply to other authorities. AB 1112 would simply remove one subsection of the outdated code, so that SFCTA would have the same cap as other transportation authorities. This does not raise any taxes, but merely allows the authority to ask voters for approval of new tax programs. AB 1112 Page 3 JA:ej 9/12/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****