BILL ANALYSIS Ó AB 1269 Page 1 ASSEMBLY THIRD READING AB 1269 (Dababneh) As Introduced February 27, 2015 2/3 vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+---------------------+---------------------| |Revenue & |9-0 |Ting, Brough, | | |Taxation | |Dababneh, Gipson, | | | | |Roger Hernández, | | | | |Mullin, Patterson, | | | | |Quirk, Wagner | | | | | | | |----------------+------+---------------------+---------------------| |Appropriations |17-0 |Gomez, Bigelow, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Gordon, Holden, | | | | |Jones, Quirk, | | | | |Rendon, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- AB 1269 Page 2 SUMMARY: Extends the authority of the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) to grant financial assistance in the form of a sales and use tax (SUT) exclusion for projects that promote the use of advanced manufacturing until January 1, 2021. FISCAL EFFECT: According to the Assembly Appropriations Committee, expected decreases in General Fund revenue of approximately $15-20 million per fiscal year. Existing law limits the aggregate allowable sales and use tax exclusions for all projects approved by CAEAFTA to $100 million per calendar year. According to data provided by the Treasurer's office, from November 2010 to March 1, 2015, approximately $290 million in sales and use tax exclusions were approved by CAEATFA, and approximately $82 million in exclusions have been claimed, or approximately $19 million in claimed exclusions on an annualized rate. COMMENTS: 1)Author's Statement: The author states that "[t]he [sales and use tax exclusion] program for advanced manufacturing under CAEATFA is critical for attracting and retaining cutting edge high tech jobs and companies in California. To date the program has created an estimated 1,356 jobs and generated a net benefit to the state of $168,022,862. Extending the sunset date of this successful program will allow business to plan investments and help further grow the state's high tech manufacturing industry." 2)Arguments in Support: The Large-Scale Solar Association states that "[t]he Advanced Manufacturing Sales and Use Tax exemption AB 1269 Page 3 program administered by [CAEATFA] promotes the creation of California-based manufacturing and California-based jobs. The program has approved financial assistance for solar photovoltaic manufacturing, biogas capture and production, electric vehicle and battery manufacturing, landfill gas capture and production, biomass process and fuel production and for conventional manufacturing in the state." 3)Arguments in Opposition: None submitted. 4)CAEATFA Background: The California Alternative Energy Source Financing Authority was established in 1980 with an authorization of $200 million in revenue bonds to finance projects utilizing alternative or renewable energy sources, such as wind, solar, cogeneration and geothermal. In 1994, the authority was renamed "CAEATFA" and its charge was expanded to include the financing of "advanced transportation" technologies. During the energy crisis of 2001, CAEATFA's authority was expanded again to provide financial assistance to public power entities, independent generators, and others for new and renewable energy sources, and to develop clean distributed generation. The CAEATFA board consists of five members: the Treasurer, Controller, Director of Finance, Chairperson of the Energy Commission, and President of the Public Utilities Commission. CAEATFA may provide financial assistance to approved projects via the issuance of bonds, loans, loan guarantees and credit enhancements. CAEATFA may authorize up to $1 billion in revenue or prepayment bonds to fund projects. Over the last few years, CAEATFA has provided financial assistance through various programs, including qualified energy conservation bonds for projects that promote the use of alternative energy and energy efficiency in state, local and tribal government facilities, as well as clean renewable energy bonds for renewable energy projects. In addition, with the passage of SB 71 (Padilla), AB 1269 Page 4 Chapter 10, Statutes of 2010, CAEATFA is allowed to grant a SUT exemption to provide financial assistance for the purchase of equipment that is used for the design, manufacture, production, or assembly of "advanced transportation technologies" or "alternative source" products, components, or systems (SB 71 Program). Alternative source products include cogeneration technology, energy conservation, solar, biomass, wind, geothermal, specified hydro-electric, or any other energy efficient technologies that reduce the use of fossil and nuclear fuels. Alternative sources also include advanced electric distributive generation technology and energy storage technology. The SB 71 Program will sunset on January 1, 2021. In 2012, SB 1128 (Padilla), Chapter 677, Statutes of 2012, expanded the SUT exclusion program to include advanced manufacturing projects. Under the SUT exclusion program, CAEATFA evaluates all applicants to determine whether the benefits received by the state will outweigh forgone SUT revenue. Specifically, the net benefits test established within the SUT exclusion program is primarily designed to evaluate the fiscal and environmental benefits of the project will produce for the state. According to CAEATFA's annual report, CAEATFA board began receiving applications for advanced manufacturing projects in October of 2013, and approved two advanced manufacturing projects as its December 2013 meeting. 5)Partial Sales and Use Tax Exemption: The passage of AB 93 (Budget Committee), Chapter 69, Statutes of 2013, and SB 90 (Galgiani), Chapter 70, Statutes of 2013, created California's first effort to grant a partial SUT exemption for taxpayers performing manufacturing or research and development in the state. The rationale for providing a SUT exemption on business inputs, even if partial, is to reduce the imposition of a tax on a tax, otherwise known as "pyramiding". The SUT is paid when a business is considered to be the final consumer of tangible item. The tax paid on tangible personal items is then incorporated into the cost of a consumer product, leading to AB 1269 Page 5 double taxation. As noted by Joseph Henchman, "Ideally, a sales tax should be levied on all goods and services sold at retail, and to prevent distortions and hidden taxes, it should be levied only once on each good or service sold at retail." (Joseph Henchman, States Should Avoid Sales Taxes on Nonprofit Hospital Purchases, Tax Foundation, April 2008.) Ideally, taxes should only be levied once because pyramiding may cause consumers to favor goods and services that are provided by a single company instead of those that require multiple production steps. (Id.) 6)Differences: There are a few differences between CAEATFA's SUT exclusion and the state's partial SUT exemption. The partial exemption rate is currently 4.1875%. The partial exemption provides that sales of the qualifying property sold to a qualified person be taxed at a rate of 3.3125% (7.50% current statewide tax rate - 4.1875% partial exemption) plus any applicable district taxes. Under CAEATFA, an approved project does not pay any SUT tax, including local and district taxes. Additionally, the state's SUT exemption is much broader and more easily available. So long as a business meets all requirements, a qualifying manufacturer can receive a partial SUT exemption. CAEATFA, however, is a much lengthier process, requiring an application and approval process before the exclusion can apply. Furthermore, the programs appear to accomplish different goals. Both programs reduce the economic distortions related to taxing business inputs, but CAEATFA appears to also be concerned with encouraging projects that provide a greater return on investment for the state. As noted above, the anticipated project benefits, measured by the fiscal and environmental benefit to the state, must exceed the cost of forgone SUT. No such analysis is needed for the partial SUT exemption. 7)No Chance of Double Dipping: Assuming a manufacturer qualifies under both the state's partial SUT exemption and CAEATFA's SUT exclusion, the taxpayer can, at most, take the full exclusion from SUT, and only after successfully completing the application process. However, a qualifying manufacturer may take a partial AB 1269 Page 6 SUT exemption on qualifying purchases if those purchases meet all requirements under the partial SUT exemption are not part of an approved project under CAEATFA. Analysis Prepared by: Carlos Anguiano / REV. & TAX. / (916) 319-2098 FN: 0000651