BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                     AB 945


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          Date of Hearing:  May 18, 2015








                     ASSEMBLY COMMITTEE ON REVENUE AND TAXATION


                                 Philip Ting, Chair





          AB 945  
          (Ting) - As Amended April 27, 2015


          


          Majority vote.  Fiscal committee.  Tax levy.


          SUBJECT:  Sales and use taxes:  exemption:  low-emission  
          vehicles.


          SUMMARY:  Provides a partial Sales and Use Tax (SUT) exemption  
          for the purchase or use of a qualified motor vehicle (QMV).   
          Specifically, this bill:  


          1)Provides a partial SUT exemption for the purchase or use of a  
            QMV.  Specifies that the SUT exemption amount shall be equal  











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            to the greater of the following:


             a)   The trade-in value of a motor vehicle that is traded in  
               for a qualified motor vehicle if the value of the trade  
               in-value motor vehicle is separately stated on the new  
               motor vehicle invoice or bill of sale or similar document  
               provided to the purchaser; or,


             b)   The sum of both the following:


               i)     The Qualified Plug-in Electric Drive Motor Vehicle  
                 tax credit;


               ii)    The Clean Vehicle Rebate Project;


               iii)   The California Hybrid and Zero-Emission Truck and  
                 Bus Voucher Incentive Project; or,


               iv)    The On-Road Heavy Duty Voucher Incentive Program  
                 under the Carl Moyer Program.


          2)Defines a "qualified motor vehicle" as a motor vehicle that  
            receives, or is awarded or allowed, the following:


          3)A Qualified Plug-in Electric Drive Motor Vehicle tax credit  
            pursuant to Internal Revenue Code (IRC) Section 30D; or,


          4)A state incentive amount under the Clean Vehicle Rebate  
            Project, the California Hybrid and Zero-Emission Truck and Bus  
            Voucher Incentive Project, or the On-Road Heavy-Duty Voucher  











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            Incentive Program under the Carl Moyer Program.


          5)Provides that, notwithstanding any provision of the  
            Bradley-Burns Uniform Local SUT Law or the Transactions and  
            Use Tax Law, the extension shall not apply with respect to any  
            tax levied by a county, city, or district pursuant to those  
            laws.


          6)Provides that the exemption shall not apply to the Local  
            Revenue Fund (Revenue and Taxation Code [R&TC] Sections 6051.2  
            and 6201.2), Fiscal Recovery Fund (R&TC Sections 6051.5 and  
            6201.5), Local Public Safety Fund (California Constitution,  
            Article XIII, Section 35), Education Protection Account  
            (California Constitution, Article XIII, Section 36), or the  
            Local Revenue Fund of 2011 (R&TC Sections 6051.15 or 6201.15).


          7)Provides that this section shall become operative on January  
            1, 2016; sunsets on January 1, 2020; and as of that date, is  
            repealed.


          8)Takes effect immediately as a tax levy.


          EXISTING FEDERAL LAW provides an income tax credit of up to  
          $7,500 for purchases of electric and plug-in hybrid electric  
          vehicles, which include passenger vehicles and light trucks.   
          The credit amount varies based on the capacity of the battery  
          used to fuel the vehicle.  Small neighborhood electric vehicles  
          do not qualify.


          EXISTING STATE LAW:  














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          1)Imposes a SUT on the sale of, or the storage, use, or other  
            consumption of, tangible personal property (TPP), unless  
            specifically exempted.  


          2)Provides that the SUT must be computed based on the sales  
            price of the good sold.  


          3)Authorizes counties and cities to impose local SUTs on TPP.


          4)Provides rebates of up to $2,500 for the purchase of  
            zero-emission and plug-in hybrid electric vehicles under the  
            Clean Vehicle Rebate Project.  The rebates are available for  
            light-duty cars and trucks, low-speed neighborhood electric  
            cars, and zero-emission motorcycles.  



          5)Offers vouchers from $8,000 to $45,000, on a first-come,  
            first-served basis, to offset approximately half of the  
            additional cost of eligible new hybrid and electric trucks and  
            buses under the California HVIP.


            


          6)Offers vouchers from $10,000 to $45,000 for 10 or fewer  
            vehicle fleets to quickly replace or retrofit older heavy-duty  
            diesel vehicles under the Carl Moyer Program - VIP.


          FISCAL EFFECT:  The Board of Equalization (BOE) estimates an  
          annual General Fund revenue loss of $16.8 million. 













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          COMMENTS:  


           1)Author's Statement  :  The author has provided the following  
            statement in support of this bill:


          AB 945 seeks to help California reach its greenhouse gas  
          reduction goals by incentivizing clean vehicles at the point of  
          sale with a state sales tax exemption.  In California, the  
          transportation sector constitutes the greatest of source of  
          pollution, accounting for 40% percent of the state's greenhouse  
          gas emissions.  According to the US [Environmental Protection  
          Agency], electric vehicles emit only one quarter of pollutants  
          of an average new car.


               After buying a home, the purchase of a car is the most  
               expensive purchase for most people. We must make electric  
               vehicles more affordable for more people. We cannot  
               confront climate change without changing the cars we drive.  
                Governor Brown has set a high bar for change and it needs  
               a powerful jump start to be achieved.  There are more clean  
               cars are on the market today than ever before but consumers  
               need greater incentive to buy them.  AB 945 seeks to get  
               more clean cars on the road by reducing sticker shock and  
               putting money immediately back into Californians' pockets.


           2)Arguments in Support  :  According to California Electric  
            Transportation Coalition, "[t]he existing California state  
            sales and use taxes on the sale or lease of alternative-fuel  
            vehicles are higher than for comparable conventional-fuel  
            vehicles because alternative-fuel vehicles currently cost  
            more.  The higher cost is largely due to the fact that these  
            vehicles are currently produced in low volumes using newer  
            and/or advanced technologies; therefore, their production has  
            not yet achieved the economies of scale relative to  
            conventional vehicles.  As alternative-fuel vehicle production  











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            increases, the costs associated with these vehicles will  
            decline."  The California Electric Transportation Coalition  
            goes on to say that "[t]he current sales and use tax system  
            unfairly penalize the alternative-fuel vehicles the state  
            encourages through a number of monetary and non-monetary  
            incentive programs.  In some cases, consumers are penalized as  
            a result of their choosing to purchase alternative-fuel  
            vehicles that have been mandated by the state because they are  
            paying higher rates of sales tax in amounts that reduce the  
            benefits of the monetary incentives that they receive."   
            Finally, the California Electric Transportation Coalition  
            makes note of the fact that "[a]lternative-fuel vehicles  
            provide benefits to all Californians, including Californians  
            that do not choose to purchase these vehicles.  These benefits  
            include diversifying of the transportation fuels sector  
            creating jobs and benefiting the economy; providing more  
            transportation choices for consumers and businesses, thus  
            reducing our economic vulnerability to fuel price volatility;  
            reducing air pollutants, climate change pollutants and toxic  
            emissions from mobile sources; saving Californians $7-$8  
            billion in avoided health, climate change and societal damages  
            associated with conventional vehicles."  


           3)Arguments in Opposition  :  The California Tax Reform  
            Association states that "there are both federal and state  
            benefits for buying a low-emission vehicle.  Beyond that,  
            these high-mileage vehicles provide savings on gasoline costs  
            and the cost of the gas tax.  Buyers purchasing low-emission  
            vehicles for a variety of reasons, including lowering their  
            expenditures on fuel.  In addition, rising fuel mileage  
            standards, mandated by the federal government, will add  
            greatly to the low emission fleet, through regulation, not tax  
            incentives.  And, current cap-and-trade revenues on fuels  
            should be a source of assistance to the low-emission fuel  
            fleet? Thus, given other revenue sources, the regulatory  
            environment, and other benefits to purchases of these  
            vehicles, we do not believe that the general fund should be  
            footing the bill for this program, as this bill would  











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            provide."


           4)Background  :  The California Alternative and Renewable Fuel,  
            Vehicle Technology, Clean Air, and Carbon Reduction Act of  
            2007 created the California Air Resources Board's Air Quality  
            Improvement Program (AQIP).  AQIP administers the Clean  
            Vehicle Rebate Project (CVRP) and the California Hybrid and  
            Zero-Emission Truck and Bus Voucher Inventive Project (HVIP).   
            Under the CVRP, $2,500 is provided to offset the cost of  
            purchasing a zero-emission and plug-in hybrid electric  
            vehicles.  Under the HVIP, California also provides vouchers  
            from $8,000 to $45,000 to offset approximately one-half of the  
            additional cost of eligible new hybrid and electric trucks and  
            buses.  The state also offers vouchers from $10,000 to $45,000  
            for 10 or fewer vehicle fleets to quickly replace or retrofit  
            older heavy duty diesel vehicles under the Carl Moyer Program.  
             Additionally, state and local governments provide non-cash  
            incentive programs for purchasing specified AFVs.  Under a  
            white or green sticker designation, certain vehicles are  
            allowed to use the carpool lane regardless of number of  
            occupants.  Finally, cities such Sacramento provide free  
            parking and recharging at designated parking facilities for  
            specified AFVs.  


           5)Scope of Bill  :  This bill provides a SUT incentive for  
            vehicles covered under specified federal and state incentive  
            programs.  The vehicles eligible for the Qualified Plug-in  
            Electric Drive Motor Vehicle federal tax credit are electric  
            and plug-in hybrid electric vehicles, which include passenger  
            vehicles and light trucks.  Vehicles eligible for the Clean  
            Vehicle Rebate Project include light-duty, zero-emission  
            vehicles; light-duty, plug-in hybrid electric vehicles;  
            neighborhood electric vehicles; and zero-emission motorcycles.  
             Some car models eligible for the federal and state subsidies  
            include the Honda Accord Plug-In Hybrid, the Tesla Model S,  
            the Nissan Leaf, the Chevrolet Volt, the Ford Fusion Energi,  
            and the Fiat 500e.  Vehicles under the California HVIP and the  











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            VIP programs include clean, low-carbon hybrid and electric  
            trucks and buses.  


           6)What Does this Bill Do  ?  This bill provides a partial  
            exemption from the SUT<1> by reducing the sales price of a QMV  
            by a value equal to any applicable federal and state incentive  
            program or the value of a trade-in vehicle, whichever is  
            greater.  As an example, the Nissan Leaf would qualify for a  
            $7,500 credit under the Qualified Plug-in Electric Drive Motor  
            Vehicle and a $2,500 credit under the Clean Vehicle Rebate  
            Project.  The partial sales tax exemption would be computed  
            based on the sales price of the Nissan Leaf, which has a  
            manufacturer's suggested retail price (MSRP) of $28,800, minus  
            the $10,000 in federal and state credits.  In this example,  
            the SUT would be computed based on a sales price of $18,800.   
            However, if a person trades in their old BMW and receives  
            $12,000 for the car, the partial sales tax exemption would be  
            computed based on the $28,800 MSRP minus the $12,000, for a  
            total sales price of $16,800.  


           7)What is a "tax expenditure"  ?  Existing law provides various  
            credits, deductions, exclusions, and exemptions for particular  
            taxpayer groups.  In the late 1960s, United States Treasury  
            officials began arguing that these features of the tax law  
            should be referred to as "expenditures," since they are  
            generally enacted to accomplish some governmental purpose and  
            there is a determinable cost associated with each (in the form  
            of foregone revenues).  This bill would enact a new tax  
            expenditure program in the form of partial SUT exemption for  
            QMVs.
          ---------------------------


          <1> QMVs would be subject to the Education Protection Account  
          (.25%), State Fiscal Recovery Fund (.25%), Local Revenue Fund  
          (0.5%), Local Public Safety Fund (0.5%), Local Revenue Fund of  
          2011 (1.0625%), and any tax levied pursuant to the Bradley-Burns  
          Uniform Local SUT Law or the Transactions and Use Tax.   
          Therefore, a purchaser of a QMV receives a SUT exemption for the  
          State's SUT portion equal to 3.9375%.  








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           8)How is a tax expenditure different from a direct expenditure  ?   
            As the Department of Finance notes in its annual Tax  
            Expenditure Report, there are several key differences between  
            tax expenditures and direct expenditures.  First, tax  
            expenditures are reviewed less frequently than direct  
            expenditures once they are put in place.  This can offer  
            taxpayers greater certainty, but it can also result in tax  
            expenditures remaining a part of the tax code without  
            demonstrating any public benefit.  Second, there is generally  
            no control over the amount of revenue losses associated with  
            any given tax expenditure.  Finally, it should also be noted  
            that, once enacted, it takes a two-thirds vote to rescind an  
            existing tax expenditure absent a sunset date.  This bill  
            includes a sunset date of January 1, 2020.


           9)Negative externalities  :  In economics, a negative externality  
            is a cost which results from an activity or transaction which  
            affects an otherwise uninvolved party who did not choose to  
            incur that cost.  With respect to the environment,  
            externalities are generally considered negative because the  
            use of certain resources impose a cost on society, but the  
            user of that resource is not charged the price equal to the  
            cost imposed.  For example, the smoke emitted by a gasoline  
            engine worsens the air quality for neighbors, but the operator  
            of the gasoline engine only pays for the price of fuel, not  
            the use of the clean air.  Thus, the negative externality is  
            the pollution of the clean air.  The state can choose several  
            avenues to encourage environmental polluters to consider the  
            negative externalities when making choices about the pollution  
            they generate.  The most common types of incentives are taxes,  
            subsidies, quotas, and tradable permits.  The author of this  
            bill expresses a need to reduce green-house gasses, air  
            pollutants, and toxic emissions by incentivizing consumers to  
            purchase QMVs that are better for the environment.













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            In a supply and demand model, the supply curve can be thought  
            of as marginal cost and the demand curve can be thought of as  
            marginal benefit.  Equilibrium is reached where the marginal  
            cost equals marginal benefit.  Everything to the left of the  
            equilibrium point and between the marginal benefit and  
            marginal cost curves is a benefit to society because the  
            marginal benefit is higher than the marginal cost.  However,  
            in light of environmental pollution, the marginal cost may not  
            necessarily capture the negative externalities (e.g.,  
            pollution, health problems, global warming) borne by society.   
            Therefore, the marginal cost may actually be higher than  
            expected.  Ideally, society would want the individual's  
            marginal cost and society's marginal cost to be the same.   
            Assuming that society's marginal cost is greater than those  
            borne by the individual purchaser, a reduction in gasoline use  
            can be accomplished by imposing a tax or providing a subsidy.   
            California imposes an excise fuel tax on gasoline at a rate of  
            $0.36 a gallon and will be lowered to $0.30 per gallon  
            starting July 1, 2015.  The tax lowers consumption of  
            gasoline, mitigating some of the pollutants expelled by  
            gasoline powered vehicles.  Despite the excise tax applied to  
            gasoline, there appears to be additional need to reduce  
            pollutants.  Thus, the subsidy provided for in this bill  
            should increase the number of fuel efficient vehicles on the  
            road, further reducing the negative effects associated with  
            the use of gasoline.  


           10)Prior Legislation  :  


             a)   AB 1077(Ting and Muratsuchi), of the 2013-14 Legislative  
               Session, provided a partial SUT exemption for QMV, as  
               specified, and reduced the amount of vehicle license fee  
               imposed on an owner of a QMV.  AB 1077 was held on the  
               Assembly Appropriation Committee's Suspense File. 
             b)   SB 221 (Pavley), of the 2013-14 Legislative Session,  
               exempts from the SUT any amount allowed as a federal tax  
               credit, and any amount received, awarded, or allowed under  











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               a state AFV incentive program.  SB 221 was never heard by  
               the Senate Governance and Finance Committee.


             c)   AB 1304 (Saldana), introduced in the 2009-10 Legislative  
               Session, would have exempted the sale and purchase of  
               electric vehicles, as defined, from state and local SUTs.   
               The exemption would have been limited to 100 electric  
               vehicles per manufacturer.  AB 1304 held on the Assembly  
               Appropriations Committee's Suspense File.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Electric Transportation Coalition (Sponsor)


          Bay Area Air Quality Management District


          Blood Centers of California


          California New Car Dealers Association


          CalStart


          California Trucking Association


          First Priority Bus Sales











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          Pacific Gas and Electric Company


          Sacramento Municipal Utility District


          San Diego Gas & Electric Company




          Opposition


          Tax Reform Association




          Analysis Prepared by:Carlos Anguiano / REV. & TAX. / (916)  
          319-2098