BILL ANALYSIS Ó AB 945 Page 1 Date of Hearing: May 27, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 945 (Ting) - As Amended May 20, 2015 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 945 Page 2 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 AB 945 Page 3 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 Page 4 Analysis Prepared by:Joel Tashjian / APPR. / (916) 319-2081