BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 945


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          Date of Hearing:  May 27, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          945 (Ting) - As Amended May 20, 2015


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


          SUMMARY:


          This bill allows, for taxable years beginning on or after  
          January 1, 2016, and before January 1, 2021, a partial sales and  
          use tax exemption, from state sales and use tax only, for the  
          purchase or use of a low emission motor vehicle that qualifies  
          for the federal Qualified Plug-in Electric Drive Motor Vehicle  
          tax credit or a state incentive under the Clean Vehicle Rebate  
          Project, the California Hybrid and Zero-Emission Truck and Bus  
          Voucher Initiative Project, or the On-Road Heavy-Duty Voucher  
          Incentive Program.  The bill specifies the exemption amount  
          shall be based on the greater of the trade-in value of a motor  
          vehicle traded in for the low emission vehicle, or the sum of  
          the tax credits and rebates for which the low emission vehicle  








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          is eligible. 


          FISCAL EFFECT:


          1)Potentially significant GF costs to the Board of Equalization  
            to administer the changes to procedures and systems.





          2)Estimated annual GF revenue decrease of $16.8 million.


          COMMENTS:


          1)Purpose.  According to the author, this bill will help the  
            state reach its greenhouse gas reduction goals by further  
            incentivizing clean vehicles with a state sales tax exemption.  
             The author argues California's transportation sector  
            constitutes the greatest source of air pollution, accounting  
            for 40% of the state's greenhouse gas emissions, and that  
            electric vehicles emit only a quarter of the air pollutants of  
            an average new car.  The author believes consumers need  
            greater incentives to buy cars with cleaner emissions  
            technology because these vehicles are often more expensive  
            than traditional internal combustion vehicles, and therefore  
            attract higher sales taxes.


            Supporters argue the higher costs for low emissions vehicles  
            results, at least in part, from their advanced technologies  
            and relatively low production volumes.  Production of those  
            vehicles has not yet achieved the economies of scale relative  
            to conventional vehicles, and applying sales taxes based on  
            purchase price further suppresses efforts to increase that  








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            production.  Proponents argue reducing sales tax also  
            harmonizes state tax policy with the other incentives offered  
            to consumers, providing benefits to all Californians by  
            creating clean energy jobs, incentivizing further  
            technological development, and reducing overall use of fossil  
            fuels.


          2)But Who Will Pay For Our Roads?  Opponents, led by the  
            California Tax Reform Association, argue there are already  
            several federal and state incentives, which together can total  
            several thousands of dollars, for buying low-emission  
            vehicles.  In addition, those vehicles pay substantially less  
            highway tax because those taxes are tied to the use of fuel.   
            As a result, purchasers of low-emission vehicles already  
            receive substantial purchase incentives as well as operating  
            cost and operating tax savings over conventional vehicles.


            Furthermore, opponents argue federal fuel standards will soon  
            result in many more low-emission vehicle options, which could  
            result in many more vehicles being purchased without paying  
            state sales tax under this bill.  Yet all vehicles, including  
            electric vehicles with their heavy batteries, wear and tear on  
            California roads.  Reforming vehicle fuel and vehicle mileage  
            taxes may be beyond the scope of this bill, but its need will  
            become even more urgent with further reductions in tax  
            revenues derived from vehicle purchases and use.


            Lastly, because electric and plug-in hybrid vehicles tend to  
            be more expensive than conventional vehicles, the benefits of  
            a sales tax exemption will largely be enjoyed by those of  
            greater means.  Even the cheapest low-emission vehicles are  
            still beyond the reach of lower-income persons.  The committee  
            may wish to consider whether an additional sales tax incentive  
            is necessary or appropriate to achieve the state's policy aims  
            for encouraging low-emission vehicle purchases.









                                                                     AB 945


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