BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AJR 43|
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                                   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  








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            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  







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            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  







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          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  







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            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.









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           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,  







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          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







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          Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119
          8/15/16 10:21:01


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