BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 515|
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                                   THIRD READING 


          Bill No:  AB 515
          Author:   Eggman (D), et al.
          Amended:  8/17/15 in Senate
          Vote:     21  

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 7/1/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 6/1/15 - See last page for vote

           SUBJECT:   Income taxes:  credits:  food bank donations


          SOURCE:    Author


          DIGEST:  This bill expands the existing food donation tax credit  
          program, under the Personal Income Tax Law and Corporation Tax  
          Law, for contributions of qualified donation items to a food  
          bank.  


          ANALYSIS:   


          Existing law:

          1)Allows various income tax credits, deductions, and sales and  
            use tax exemptions to provide incentives to compensate  








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            taxpayers that incur certain expenses, such as child adoption,  
            or to influence behavior, including business practices and  
            decisions, such as research and development credits. 
             
          2)Allows a 10% tax credit for the donation of fresh fruits or  
            fresh vegetables to food banks located in California.  

          3)Requires the Department of Finance to annually publish a list  
            of tax expenditures.

          This bill:

          1)Allows a 15% credit under the Personal Income Tax Law and  
            Corporation Tax Law for contributions of qualified donation  
            items to a food bank.

          2)Defines qualified taxpayer as a person responsible for  
            planting a crop, managing the crop, harvesting the crop from  
            land, growing or raising a qualified donation item, or  
            harvesting, packing, or processing a qualified donation item.

          3)Lists the following items as qualified donation items under  
            this bill, as defined in the Food and Agriculture Code: 

                 Fruits, nuts, or vegetables.

                 Meat food product.

                 Poultry.

                 Eggs.

                 Fish.

                 Rice and beans.

                 Fruit, nuts, and vegetables in canned, frozen, dried,  
               dehydrated, and 100 percent juice forms.

                 Any cheese, milk, yogurt, butter, and dehydrated milk.

                 Infant formula.

                 Vegetable oil and olive oil.







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                 Soup, pasta sauce, and salsa.

                 Bread and pasta.

                 Canned meats and canned seafood.

          1)Provides that the allowed credit would be calculated, not  
            according to inventory costs, but rather as 15% of the  
            qualified value of the qualified donation items.  The  
            qualified value shall be calculated by using the weighted  
            average wholesale sale price based on the qualified taxpayer's  
            total wholesale sales of the donated item sold within the  
            calendar month of the donation.  If no wholesale sales of the  
            donated item have occurred in the calendar month of the  
            donation, the qualified value shall be equal to the nearest  
            regional wholesale market price for the calendar month of the  
            donation based upon the same grade products as published by  
            the United States Department of Agriculture's Agricultural  
            Marketing Service, or its successor.  

          2)Requires the donor to provide the food bank, the qualified  
            value, and information regarding where the donation items were  
            grown and processed.  Upon receipt and acceptance of the  
            donations, the food bank will provide to the donor a  
            certificate with information, as specified.

          3)Requires the Franchise Tax Board (FTB) to include in its  
            annual report the estimated value of the qualified donation  
            items, the origin of the qualified donation items, and the  
            month the donations were made.  

          4)Renames the State Emergency Food Assistance Program (SEFAP) as  
            the CalFood Program (CFP).  Requires the CFP to provide food  
            and funding for the provision of emergency food to food banks  
            established pursuant to the federal Emergency Food Assistance  
            Program.  Specifies that all monies received by the CFP, upon  
            appropriation by the Legislature, must be allocated to the  
            Department of Social Services (DSS) for allocation to the CFP.

          5)Applies to taxable years beginning on or after January 1,  
            2016, and before January 1, 2021.

          Comments







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          1)Author's statement.  According to the author, "California is  
            the leader agricultural producer in the U.S., yet many  
            Californians still suffer from hunger and poor nutrition.  AB  
            515 will broaden the existing state tax credit offered to  
            agricultural producers for donations to qualified California  
            non-profits, such as food banks.  It expands the list of  
            eligible products to include other fresh items and a limited  
            set of core shelf-stable items.  It also moves the tax credit  
            to 20% of the donation items wholesale value, and extends the  
            sunset of this program to 2021."

          2)Legitimate need.  According to the California Association of  
            Food Banks (CAFB), California is ranked 19th for food  
            insecurity in the nation with a food insecurity rate of 16.2%,  
            translating into 6.1 million Californians with, on average,  
            one out of six people in California not knowing where their  
            next meal will come from.  All the more troubling is that the  
            child food insecurity rate is 26.3%, meaning 2.4 million  
            children in California go to bed hungry each night.  CAFB  
            represents 42 food banks throughout California that provide  
            food to soup kitchens and food pantries in schools, churches,  
            and community and senior centers.  CAFB partners with over 100  
            California growers and packers and has distributed 140 million  
            pounds of food to people in need.

          3)The right incentive?  Each year, more and more interest groups  
            are seeking ways to increase funding through alternative means  
            such as tax check-offs and tax credits.  Tax credits are  
            generally used to change or influence behavior for an intended  
            statewide impact. 

          4)Section 41 shall not apply.  On September 29, 2014, Governor  
            Brown signed SB 1335 (Leno, Chapter 845, Statutes of 2014),  
            which added R&TC Section 41.  SB 1335 recognized that the  
            Legislature should apply the same level of review used for  
            government spending programs to tax preference programs,  
            including tax credits.  Thus, Section 41 requires any bill  
            introduced on or after January 1, 2015, that allows a new  
            income tax credit to contain specific goals, purposes, and  
            objectives that the tax credit will achieve.  In addition,  
            Section 41 requires detailed performance indicators for the  
            Legislature to use when measuring whether the tax credit meets  
            the goals, purposes, and objectives.  This bill provides that  







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            R&TC Section 41 shall not apply to this credit.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee:

          1)The FTB estimates that this bill will result in a General Fund  
            revenue loss of $400,000 in 2015-16, $1.0 million in 2016-17,  
            and $1.4 million in 2017-18.

          2)FTB would incur minor costs to administer changes to systems  
            and procedures.

          3)Costs to the DSS would be unchanged. DSS costs are reimbursed  
            with federal funds received under the program.


          SUPPORT:   (Verified  8/27/15)


          Alameda County Community Food Bank
          California Association of Food Banks
          California Bean Shippers Association
          California Catholic Conference, Inc.
          California Cattlemen's Association
          California Citrus Mutual
          California Farm Bureau Federation
          California Food Policy Advocates
          California Fresh Fruit Association
          California Head Start Association
          California Hunger Action Coalition
          California League of Food Processors
          Californians Against Waste
          Center for Human Services
          Community Action Agency of Butte County
          Community Action Partnership of Kern County
          Community Action Partnership of Orange County
          Community Food and Justice Coalition
          Community Food Bank of Fresno
          County of Tulare
          Deardorff Family Farms
          East Valley Business Legislative Advocacy Council







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          Emergency Food Bank of Stockton
          Feeding America - Riverside/San Bernardino Counties
          Feeding America San Diego
          FIND Food Bank, Riverside
          Food Access Coalition - Orange County
          Food Bank Coalition of San Luis Obispo County
          Food Bank of Contra Costa & Solano Counties
          Food Bank of El Dorado County
          Food Bank of Santa Barbara County
          Food for People, Inc., Humboldt
          Food Share, Inc., Ventura
          FoodLink for Tulare County
          Fowler Packing
          Hunger Advocacy Network
          Imperial Valley Food Bank
          Interfaith Council of Amador
          Jewish Family Service of Los Angeles
          Los Angeles Regional Food Bank
          Lundberg Family Farms
          Marin Organic
          Mazon - A Jewish Response to Hunger
          Natural Resources Defense Council
          Prima Frutta Packing, Inc.
          Prima Noce Packing
          Redwood Empire Food Bank
          Resource Connection Food Bank, Calaveras
          Roots of Change
          Sacramento Food Bank & Family Services
          San Diego Food System Alliance
          San Diego Hunger Coalition
          San Luis Obispo County Food System Coalition
          Second Harvest Food Bank - San Joaquin & Stanislaus Counties
          Second Harvest Food Bank - San Jose & San Carlos
          Second Harvest Food Bank - Santa Cruz County
          Second Harvest Food Bank of Orange County
          SF-Marin Food Bank
          Sierra Orchards
          SoCal Harvest, Long Beach
          St. Anthony's Foundation, San Francisco
          The Jacobs & Cushman San Diego Food Bank
          Van Groningen & Sons, Inc.
          Western Center on Law and Poverty
          Western Growers Association
          Western United Dairymen







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          Yolo Food Bank


          OPPOSITION:   (Verified8/27/15)


          California Department of Finance


          ARGUMENTS IN SUPPORT:     The supporters of this bill argue that  
          this bill will increase access to healthy foods for low income  
          Californians.  Further, this bill will help to reduce food  
          insecurity in this state.


          ARGUMENTS IN OPPOSITION:     The opponent of this bill argues  
          that this bill will reduce General Fund revenues and find that  
          valuing items at wholesale value is problematic. 

          ASSEMBLY FLOOR:  78-0, 6/1/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, O'Donnell, Olsen, Patterson,  
            Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Atkins
          NO VOTE RECORDED:  Obernolte, Wood

          Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119
          8/31/15 12:47:58


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