BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 515


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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          515 (Eggman) - As Amended May 4, 2015


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          |Policy       |Revenue and Taxation           |Vote:|9 - 0        |
          |Committee:   |                               |     |             |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill expands the scope and size of the existing tax credit  
          program under the personal income and corporate tax laws for  
          contributions of items donated to food banks, and extends the  
          program until January 1, 2021.  In summary, this bill:


          1)Expands the universe of qualified taxpayers who may claim a  
            donation credit to include persons responsible for growing or  
            raising a donated item, or harvesting, packing, or processing  
            a donated item.










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          2)Expands the qualifying items to include, in addition to fresh  
            fruits and vegetables, certain raw or processed nuts, poultry,  
            eggs, fish, certain dairy products, rice, beans, vegetable  
            oils, soup, pasta, pasta sauce, salsa, infant formula, bread,  
            and other canned meats and seafood.


          3)Increases the allowed credit from 10% to 15%, and specifies  
            the credit value is calculated with reference to the  
            taxpayer's weighted average wholesale price for the item or,  
            if unavailable, the nearest regional wholesale price as  
            published by the US Department of Agriculture's Agricultural  
            Marketing Service, subject to a minimum credit amount as  
            available under existing statute.


          4)Requires donors to provide item value and information  
            regarding where the items were grown and processed to food  
            banks, requires the food banks to issue certificates with  
            respect to donated items, and authorizes the Franchise Tax  
            Board (FTB) to request copies of any certificates.


          5)Requires FTB to include in its annual report to the  
            legislature on the utilization of the credit the estimated  
            value and origin of the donated items, and the month in which  
            the donations were made. 


          6)Renames the State Emergency Food Assistance Program as the  
            "CalFood" program but maintains current administration and  
            funding with the Department of Social Services (DSS).  


          FISCAL EFFECT:


          1)Potentially significant GF costs to FTB to administer changes  
            to systems and procedures; no change to DSS costs, which are  








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            reimbursed with federal funds received under the program.


          2)Estimated GF revenue decreases of $0.4 million, $1.0 million,  
            and $1.4 million in FY 2015-16, FY 2016-17, and FY 2017-18,  
            respectively.


          


          COMMENTS:


          1)Purpose.  According to the author, California is the leading  
            agricultural producing state in the US, yet many Californians  
            still suffer from hunger and poor nutrition.  AB 515 broadens  
            the existing state tax credit offered to agricultural  
            producers for donations to qualified non-profits such as food  
            banks, and expands the list of eligible products to include  
            other fresh items and a limited selection of core shelf-stable  
            items.  The bill increases the credit amount from 10% to 15%,  
            and bases the credit's value on the donor's wholesale or  
            comparable market wholesale price for the items, instead of  
            the more cumbersome inventory cost measure in the existing  
            statute.


          2)Food Insecurity in California.  Food insecurity is generally  
            defined as being without reliable access to a sufficient  
            quantity of affordable, nutritious food.  According to the  
            California Association of Food Banks (CAFB), one of the bill's  
            sponsors, California ranks 19th for food insecurity in the US,  
            with approximately 6.1 million people, or 16.2% of the  
            population, facing food insecurity.  Among children, this rate  
            is 26.3%, ranking California 12th in the nation for childhood  
            food insecurity.  CAFB represents over 40 food banks in  
            California that provide food to soup kitchens, schools,  
            churches, and community and senior centers, partnering with  








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            over 100 growers and packers to distribute approximately 140  
            million pounds of food each year. 


          3)Is Section 41 Already Doomed?  Tax credits are often used to  
            encourage or influence socially beneficial behavior, and  
            provide relief to taxpayers who incur expenses from desired  
            behavior.  Tax credits are often more appealing than tax  
            deductions as the taxpayer may take the same credit regardless  
            of income.  This is particularly true among corporate  
            taxpayers.


            This bill not only broadens the pool of potential participants  
            and items that may be donated for credit, and reforms the  
            valuation methods used for calculating credits, it increases  
            the credit from 10% to 15%.  While the expansion will very  
            likely result in an increase in food donations, it is unclear  
            whether the increase in credit value is needed to help achieve  
            that expansion, or whether 15% is the optimal credit amount to  
            encourage the desired behavior.


            This bill does not address the aspirations of Section 41 of  
            the revenue and taxation code, authorized just last year in SB  
            1335 (Leno), Statutes of 2014, which requires tax credits to  
            articulate specific goals, purposes, and objectives for the  
            credit, as well as establish performance indicators to measure  
            the credit's success in achieving those goals.  While the  
            policy goals of this bill are certainly laudable, and it may  
            be argued it is an expansion of an existing credit and not the  
            creation of a new credit, there is no indication that 15% is  
            the appropriate credit amount to achieve the desired increase  
            in donations, and there are no metrics proposed with which to  
            evaluate whether the credit is achieving its aims.  Ensuring  
            the Legislature conducts some objective and dispassionate  
            evaluation of tax credits was the goal of SB 1335, and the  
            Committee might wish to consider whether this is precisely the  
            type of tax credit for which Section 41 ought to apply.








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          Analysis Prepared by:Joel Tashjian / APPR. / (916)  
          319-2081