BILL ANALYSIS Ó AB 1422 Page 1 Date of Hearing: May 8, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 1422 (Committee on JEDE) - As Amended: April 15, 2013 Policy Committee: Committee on Revenue and Taxation Vote: 8-0 Committee on JEDE 9-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill revises the definition of participating party for purposes of the sales and use tax (SUT) exemption to include out-of-state and overseas entities. Specifically, this bill: 1)Specifies that an entity located outside the state, including an entity located overseas, that commits to and demonstrates that it will be opening a manufacturing facility in the state, may qualify for the SUT exemption as a participating party. 2)Repeals the requirement for the Governor's Office of Business and Economic Development to report to the Legislature by January 1, 2017, regarding the most efficient and cost-effective methods for the state to create jobs in advanced manufacturing. FISCAL EFFECT Negligible fiscal impact. The proposed change to the definition of participating party will not result in an additional General Fund revenue loss. Existing law imposes an annual cap of $100 million on the amount of SUT exclusions that may be granted to eligible projects. COMMENTS 1)Purpose. According to the staff of the Assembly Committee on Jobs, Economic Development, and the Economy, AB 1422 is intended to provide necessary clarification for efficient administration of the California Alternative Energy and AB 1422 Page 2 Advanced Transportation Financing Authority (CAEATFA) the purpose of which is to attract new manufacturing facilities to be built in California. 2)Background . The California Alternative Energy Source Financing Authority was established in 1980 with an authorization of $200 million in revenue bonds to finance projects utilizing alternative or renewable energy sources, such as wind, solar, co-generation and geothermal. Over time its role expanded and the name changed to CAEATFA. With the passage of SB 71 (Padilla), Chapter 10, Statutes of 2010, CAEATFA is authorized, until January 1, 2021, to grant a SUT exemption for the purchase of equipment that is used for the design, manufacture, production or assembly of advanced transportation technologies. Last year, the Legislature also temporarily authorized CAEATFA, until July 1, 2016, to grant financial assistance to eligible projects that promote the utilization of advanced manufacturing. 3)Previous Legislation : a) SB 1128 (Padilla), Chapter 677, Statutes of 2012, authorizes CAEATFA to expand the sales and use tax exclusion program to include advanced manufacturing projects and caps the program benefit at $100 million per year for all projects. b) SB 71 (Padilla), Chapter 10, Statutes of 2010, authorizes CAEATFA to administer a state and local sales tax exclusion program for tangible personal property that is used advanced transportation technologies or alternative source products, components or systems. 4)There is no registered opposition to this bill . Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081