BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
           ------------------------------------------------------------------ 
          |Bill No:  |AJR 43                           |Hearing    |8/10/16  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Williams                         |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |6/13/16                          |Fiscal:    |No       |
           ------------------------------------------------------------------ 
           ----------------------------------------------------------------- 
          |Consultant|Grinnell                                              |
          |:         |                                                      |
           ----------------------------------------------------------------- 

                           Greenhouse gases:  climate change



          Urges the United States Congress to enact a tax on carbon based  
          fuels.


           Background 

           First imposed by Scandinavian countries in the early 1990s,  
          carbon taxes seek to reduce carbon emissions by increasing its  
          price.  While many countries in Europe impose a carbon tax, only  
          the Canadian provinces of Alberta, British Columbia, and Quebec  
          currently levy one at a state level or higher in North America.   
          Representatives in Congress have introduced several bills  
          enacting a national carbon tax in recent years, but none have  
          yet been enacted.  Recent efforts to enact state-level carbon  
          taxes are under consideration, and voters in the state of  
          Washington will consider a state-level carbon tax initiative  
          this year.

          While the structure of carbon taxes vary, they are usually  
          calculated as a dollar charge per ton of carbon emitted or per  
          kilowatt of electricity or natural gas provided.  The tax is  
          imposed upon entities that emit carbon, or other greenhouse  
          gasses (GHGs), such as firms that distribute petroleum, heating  
          or other fuels, and electric and natural gas utilities.  As  
          such, carbon taxes attempt to increase prices on fossil fuels to  
          account for its environmental and public health effects, also  







          AJR 43 (Williams) 6/13/16                               Page 2  
          of ?
          
          
          known as its negative externalities, or the societal or economic  
          costs of a product or service not currently reflected in its  
          consumer price.  By increasing the price of fossil fuels, and  
          thereby the cost of providing products and services with carbon  
          as an input, these taxes increase incentives to emit less, and  
          encourage the development of non-carbon based inputs.   
          Additionally, consumers will purchase fewer products and  
          services as producers seek to pass along the carbon tax to  
          consumers in the form of higher prices, whereas producers that  
          can supply products and services using less carbon-based energy  
          need not increase prices as much.  

          Carbon taxes are generally considered administratively feasible  
          and reasonably simple for agencies to enforce compliance.  The  
          Congressional Research Service reports that a well-developed  
          structure for collecting carbon taxes already exists because  
          approximately 13,000 facilities, comprising 90% of greenhouse  
          gas emissions, currently report annual emissions to the United  
          States Environmental Protection Agency.  The U.S. Energy  
          Information Administration tracks the production, import,  
          export, storage, and consumption of fossil fuel products.   
          Additionally, refiners and importers of petroleum products  
          already pay a federal per barrel tax to the Oil Spill Liability  
          Trust Fund, and coal mine operators also pay a federal per ton  
          tax to the Black Lung Disability Trust Fund.



          Carbon tax proposals must generally address four key issues,  
          each with significant implications:

                 Use of proceeds.  By increasing its cost of production,  
               carbon taxes reduce the social and economic costs of GHG  
               emissions, but also generate revenues to be used for other  
               purposes, creating a "double dividend."  Some proposals  
               allocate carbon tax proceeds for general government  
               purposes or to offset other taxes, while others dedicate  
               them in specific ways, such as cash refunds or rebates to  
               residents, tax credits or other subsidies for affected  
               industries to reduce emissions, or financing other  
               renewable energy policies.

                 Setting a rate.  Carbon tax rates can be designed to  
               generate a specific amount of revenue, account for the  








          AJR 43 (Williams) 6/13/16                               Page 3  
          of ?
          
          
               entire negative externality or social cost of carbon  
               emissions, or meet specific targets for emission reductions  
               over time.  Many proposals start at a low rate that  
               increases over time, thereby allowing affected firms the  
               time necessary to make capital investments to reduce  
               emissions and therefore their carbon tax liability, but  
               delaying some of the carbon tax's benefits.  

                 Point of collection:  Carbon taxes can be imposed  
               "upstream" on suppliers of coal, at natural gas processing  
               facilities, and at oil refineries, "midstream" on electric  
               utilities, or "downstream" at energy-using industries,  
               households, or vehicles, or in some combination thereof.   
               Tax enforcement agencies can generally ensure more  
               compliance the fewer the taxpayers they collect from,  
               especially for carbon taxes, because collecting from every  
               downstream source such as vehicles and livestock would  
               likely be infeasible.  However, other non-carbon GHG  
               emissions, such as methane, nitrous oxides, sulfur  
               hexafluoride are more difficult to verify, which could lead  
               to higher administrative costs and non-compliance risks if  
               the tax applied to those emissions too.  However, experts  
               warn that limiting the tax scope could result in perverse  
               effects, with sources potentially shifting processes,  
               facility size, or location to avoid taxes.

                 Border adjustments.  Economists state that by increasing  
               the cost of a key input, carbon taxes shift manufacturing,  
               jobs, and emissions to nations with less-stringent  
               controls, especially for energy intensive manufacturers  
               competing in global markets.  These firms and others could  
               also choose to expand in foreign jurisdictions instead of  
               in the United States, resulting in emissions "leakages."   
               Many carbon tax proposals include border adjustments, such  
               as tariffs, to ensure that firms that export from countries  
               without carbon taxes do not have a competitive advantage. 

          Seeking to enact a carbon tax at the federal level, advocates  
          for the environment want the Legislature to urge Congress to  
          enact a carbon tax.


           Proposed Law









          AJR 43 (Williams) 6/13/16                               Page 4  
          of ?
          
          
           Assembly Joint Resolution 43 urges the United States Congress to  
          enact a tax on carbon based fuels without delay.  The resolution  
          states that the tax should be collected once, as far upstream in  
          the economy as practical, or at the port of entry into the  
          United States.  AJR 43 also provides that all revenues should be  
          returned to middle and low-income Americans to protect them from  
          the impact of rising prices due to the tax.  The measure also  
          says that the tax rate should start low and increase steadily  
          and predictably to achieve the goal of reducing carbon dioxide  
          emissions in the United States to 80% below 1990 levels by 2050.  
           Additionally, the resolution states that United States  
          businesses should be protected by using carbon-content-based  
          tariffs and tax refunds.

          The measure makes legislative findings and declarations  
          supporting its purposes, and directs the Chief Clerk of the  
          Assembly to transmit copies of the resolution to the President  
          and Vice President of the United States, the Speaker of the  
          House of Representative, the Majority Leader of the Senate, and  
          to each Senator and Representative from California in Congress.   



           State Revenue Impact

           No estimate.  


           Comments

           1.  Purpose of the bill  .  According to the author, "Currently at  
          the federal level there are no statutes addressing carbon levels  
          in the atmosphere, or the long term effects these levels are  
          having with global climate change.  The measures proposed in  
          this resolution will benefit the economy, human health, the  
          environment, and national security, even without consideration  
          of global temperatures, as a result of correcting market  
          distortions, reductions in non-greenhouse-gas pollutants,  
          reducing the outflow of dollars to oil-producing countries and  
          improvements in the energy security of the United States.   
          Phased-in carbon fees on greenhouse gas emissions (1) are the  
          most efficient, transparent, and enforceable mechanism to drive  
          an effective and fair transition to a domestic-energy economy,  
          (2) will stimulate investment in alternative-energy  








          AJR 43 (Williams) 6/13/16                               Page 5  
          of ?
          
          
          technologies, and (3) give all businesses powerful incentives to  
          increase their energy-efficiency and reduce their carbon  
          footprints in order to remain competitive.  Equal monthly  
          dividends (or "rebates") from carbon fees paid to every American  
          household can help ensure that families and individuals can  
          afford the energy they need during the transition to a  
          greenhouse gas-free economy and the dividends will stimulate the  
          economy.  The weight of scientific evidence indicates that  
          greenhouse gas emissions from human activities including the  
          burning of fossil fuels and other sources are causing rising  
          global temperatures.  The weight of scientific evidence also  
          indicates that a return from the current concentration of more  
          than 400 parts per million ("ppm") of carbon dioxide ("CO2") in  
          the atmosphere to 350 ppm CO2 or less is necessary to slow or  
          stop the rise in global temperatures.  Further increases in  
          global temperatures pose imminent and substantial dangers to  
          human health, the natural environment, the economy, national  
          security, and an unacceptable risk of catastrophic impacts to  
          human civilization."  

          2.  Worth it  ?  Generally, taxing something results in less of it.  
           Carbon taxes reduce emissions of greenhouse gasses by  
          increasing its price, resulting in less social, environmental,  
          and economic harm from GHGs.  However, a carbon tax will also  
          increase costs for many businesses, which will likely generate  
          fewer profits unless they can pass along these costs to  
          consumers by increasing prices. Consumers may then end up  
          ultimately paying the tax, especially low-income individuals and  
          families that spend a higher percentage of their incomes on  
          energy.  The Tax Policy Center estimates that a carbon tax of  
          $20 per ton would account for about 1.8 percent of pretax income  
          for households in the lowest income quintile, as compared to 0.7  
          percent in the highest income quintile.  However, a carbon tax's  
          impact would be less regressive to the extent that it reduced  
          profits rather than increasing prices, and most estimates of the  
          economic effects of a carbon tax do not include its climate  
          change benefits.  Additionally, many carbon tax proposals,  
          including the one called for by AJR 43, return carbon tax  
          revenues to persons of low and moderate income.  Experts state  
          that the ultimate economic effects would depend on a number of  
          factors, including the magnitude, design, and use of revenues of  
          the carbon tax.  The Committee may wish to consider the economic  
          and environmental tradeoffs of a national carbon tax.  









          AJR 43 (Williams) 6/13/16                               Page 6  
          of ?
          
          
          3.   California knows  .  Legislation seeking to put a price on  
          carbon emissions generally falls into two categories: carbon  
          taxes and cap-and-trade programs.  Experts disagree regarding  
          which of these two approaches is best: advocates for  
          cap-and-trade argue that carbon taxes are less effective because  
          they only seek to increase the price of carbon, and do not set  
          binding emission limits, while carbon tax supporters respond by  
          arguing that cap-and-trade programs lead to volatility in energy  
          prices, and add that taxes are more transparent and easier to  
          administer.  In California, the California Air Resources Board  
          currently administers the Global Warming Solutions Act of 2006,  
          which requires California to reduce its GHG emissions to 1990  
          levels by 2020 (AB 32, Nunez, 2006).  ARB must adopt regulations  
          to achieve the maximum technologically feasible and  
          cost-effective GHG emission reductions, which currently includes  
          a cap-and-trade program that sets a statewide limit on most  
          sources of GHGs, allocates or sells allowances to emitters, and  
          oversees a market for sellers of allowances to connect with  
          buyers.  Additionally, the most significant federal legislation  
          thus regarding climate change, the American Clean Energy and  
          Security Act of 2009, created a national cap and trade program.   
          The House of Representatives approved that bill, but it was  
          never brought to the Senate Floor.  Despite this disagreement,  
          the two approaches are not mutually exclusive; pending  
          legislation in Massachusetts and Washington allow a deduction  
          for carbon tax liability for amounts paid in allowance auctions.  
           The Committee may wish to consider whether the Legislature  
          should urge Congress to enact a carbon tax, a national  
          cap-and-trade program, or some combination thereof.

          4.   Use of proceeds  .  AJR 43 calls for a national carbon tax in  
          which "all revenues are returned to middle and low-income  
          Americans to protect them from the impact of rising prices due  
          to the tax," which recognizes that lower income individuals and  
          families generally spend a larger percentage of their income on  
          energy than those of higher incomes, and may bear much of a  
          carbon tax's incidence.  However, by requesting the return of  
          all revenues in this way, AJR 43 rules out other potential uses  
          of carbon tax revenues, such as reducing the federal budget  
          deficit, decreasing other taxes, providing compliance  
          assistance, or funding renewable energy programs.  The Committee  
          may wish to consider the purposes for which national carbon tax  
          revenues may be used.









          AJR 43 (Williams) 6/13/16                               Page 7  
          of ?
          
          
          5.   Target correct  ?  While AJR 43 doesn't ask Congress to set a  
          specific carbon tax rate, it does state that it "should start  
          low and increase steadily and predictably to achieve the goal of  
          reducing carbon dioxide emissions in the United States to 80%  
          below 1990 levels by 2050."  The resolution states that climate  
          scientists state that reductions of that level are necessary to  
          achieve climate stabilization and avoid cataclysmic climate  
          change.  Any federal legislation implementing a carbon tax  
          consistent with AJR 43 would likely direct the United States  
          Department of Treasury to calculate such a tax rate, which could  
          result in high tax liabilities, and therefore impacts to  
          business cost structures and consumer prices.  The Committee may  
          wish to consider AJR 43's direction regarding the carbon tax  
          rate.

          6.   Border adjustments  .  One risk of enacting a national carbon  
          tax is that firms facing a significant tax liability may seek to  
          shift activity to nations that do not levy one, leading to  
          reduced employment and economic activity domestically, while  
          failing to achieve net global emission reductions.  To address  
          this issue, AJR 43 calls for carbon-content-based tariffs and  
          tax refunds.  Border tax adjustments such as tariffs on fuels  
          and carbon-intensive imports can help reduce these emissions and  
          employment "leakages," but currently must comply with World  
          Trade Organization rules.  Additionally, some experts state that  
          border adjustments may not be desirable because most domestic  
          emissions occur in sectors that cannot be shifted to other  
          jurisdictions, such as electricity, transportation, and  
          residential buildings.  The Committee may wish to consider  
          whether carbon-based tariffs and tax refunds are a necessary  
          part of a national carbon tax.  


           Assembly Actions

           Assembly Natural Resources         7-0

          Assembly Floor                     44-29

           Support and  
          Opposition   (8/4/16)


           Support  :  Citizens Climate Lobby, Friends Committee on  








          AJR 43 (Williams) 6/13/16                               Page 8  
          of ?
          
          
          Legislation of California, Community Environmental Council.  


           Opposition  :  Unknown.



                                      -- END --