BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AJR 43| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AJR 43 Author: Williams (D) Amended: 6/13/16 in Assembly Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 8/10/16 AYES: Hertzberg, Beall, Hernandez, Lara, Pavley NOES: Nguyen NO VOTE RECORDED: Moorlach ASSEMBLY FLOOR: 44-29, 6/30/16 - See last page for vote SUBJECT: Greenhouse gases: climate change SOURCE: Author DIGEST: This resolution urges Congress to enact a national carbon tax. ANALYSIS: Existing law: 1)Does not impose a carbon tax under either state or federal law. 2)Directs the California Air Resources Board (ARB) to administer AJR 43 Page 2 the Global Warming Solutions Act of 2006, which requires California to reduce its greenhouse gas (GHG) emissions to 1990 levels by 2020 (AB 32, Nunez, Chapter 288, Statutes of 2006). Under the Act, 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. This resolution: 1)Urges the United States Congress to enact a tax on carbon-based fossil fuels without delay. 2)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. 3)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. 4)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. 5)States that United States business should be protected by using carbon-content-based tariffs and tax refunds. 6)Contains findings supporting its purposes. 7)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 AJR 43 Page 3 Majority Leader of the Senate, and to each Senator and Representative from California in Congress. 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 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 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 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 AJR 43 Page 4 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. Carbon taxes are generally considered administratively feasible and reasonably simple for agencies to enforce compliance, but 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, and 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. 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 AJR 43 Page 5 taxes, providing compliance assistance, or funding renewable energy programs. Setting a rate. Carbon tax rates can be designed to generate a specific amount of revenue, account for the 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. 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. However, a carbon tax that has too high of a rate could result in undesirable impacts to business cost structures and consumer prices. 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, but experts warn that limiting the tax scope could result in perverse effects, with sources potentially shifting processes, facility size, or location to avoid taxes. AJR 43 calls for a carbon tax that's collected once, as far upstream in the economy as practical, or at the port of entry. AJR 43 Page 6 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. 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 "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 easily be shifted to other jurisdictions. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified8/10/16) Citizens Climate Lobby Community Environmental Council Friends Committee on Legislation of California OPPOSITION: (Verified8/10/16) None received ARGUMENTS IN SUPPORT: 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, AJR 43 Page 7 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 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." ASSEMBLY FLOOR: 44-29, 6/30/16 AYES: Atkins, Bloom, Bonilla, Bonta, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Dababneh, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon NOES: Achadjian, Travis Allen, Arambula, Bigelow, Brough, Chang, Chávez, Dahle, Frazier, Beth Gaines, Gallagher, Gray, Grove, Harper, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Obernolte, Olsen, Patterson, Salas, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Alejo, Baker, Brown, Cooper, Daly, Melendez, Rodriguez AJR 43 Page 8 Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119 8/15/16 10:21:01 **** END ****