BILL ANALYSIS Ó AB 1422 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1422 (Jobs, Economic Development, and the Economy Committee) As Amended August 26, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |70-0 |(May 16, 2013) |SENATE: |38-0 |(September 9, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: J., E.D. & E. SUMMARY : Makes a variety of technical and programmatic changes to the sales and use tax program (SUTE) administered by the California Alternative Energy and Advanced Transportation Financing Authority (Finance Authority). The Senate amendments remove a requirement for a peer reviewed study on any changes in the Finance Authority's net benefit's test. This was a condition of the Governor's signature of SB 1128 (Padilla), Chapter 677, Statutes of 2012. EXISTING LAW : 1)Establishes the Finance Authority for the purpose of providing and promoting the establishment of facilities utilizing alternative sources of energy and facilities needed for the development and commercialization of advanced transportation technologies. 2)Authorizes the Finance Authority to administer a SUTE program for any tangible personal property that is utilized for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems. The SUTE program is capped at a total of $100 million in tax exclusion benefits for all projects per calendar year. 3)Requires the Governor's Office of Business and Economic Development (GO-Biz) to review and identify cost-effective methods for the state to create jobs in advanced manufacturing and report its findings to the Legislature on or before January 1, 2017. FISCAL EFFECT : According to the Senate Appropriations AB 1422 Page 2 Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : The Finance Authority was established in 1980 for the purpose of providing capital for facilities utilizing alternative methods and sources of energy and facilities needed for the development and commercialization of advanced transportation technologies. The Finance Authority oversees a range of financial products including conduit bond and revenue bond financings, loan guarantees, loan loss reserve accounts among other financial products that support the development and commercialization of technologies that conserve energy, reduce air pollution, and promote economic development and jobs. Examples of some of the Finance Authority's more unique financial products include $381 million in Qualified Energy Conservation Bonds authorized under the federal American Recovery and Reinvestment Act and the SB 77 (Pavley), Chapter 15, Statutes of 2010, Property Assessed Clean Energy (PACE) Bond Program. Governor Arnold Schwarzenegger used the Finance Authority to assist a joint venture between Tesla Motors and Toyota Motors to purchase the Nummi assembly plant in Fremont, California, where the two companies focus on manufacturing hybrid and electric vehicles, including the TESLA brand. Most recently, the role of the Finance Authority was expanded to include administration of the SUTE program which provides for a state sales and use tax exclusion for property used in the "design, manufacture, production, or assembly" of either advanced transportation technologies or alternative energy source products, components or systems (SB 71 (Padilla), Chapter 10, Statutes of 2010). In 2012, the program was expanded to include advanced manufacturing (SB 1128). Since the inception of the SUTE program, the Finance Authority has approved a total of 50 applications, of which 40 are active. These 40 applications have been approved for $1.16 billion in anticipated qualified purchases, with an estimated result of $98.5 million in sales and use tax exclusions. These projects have produced an estimated $72.5 million in environmental benefits and $125.7 million in fiscal benefits across 14 counties, resulting in approximately $99.7 million in net benefits. AB 1422 Page 3 Analysis Prepared by : Toni Symonds and Zach Hutsell / J., E.D. & E. / (916) 319-2090 FN: 0002726