BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1577


                                                                    Page  1





          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1577 (Eggman) - As Amended April 27, 2016


           ----------------------------------------------------------------- 
          |Policy       |Revenue and Taxation           |Vote:|9 - 0        |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill expands the existing tax credit program under the  
          Personal Income Tax (PIT) Law and Corporation Tax (CT) Law for  
          contributions of qualified donation items to a food bank, and  
          extends the program until January 1, 2019. Specifically, this  
          bill: 


          1)Broadens the definition of a "qualified taxpayer" (QT) to  








                                                                    AB 1577


                                                                    Page  2





            include persons responsible for growing or raising a qualified  
            donation item, or harvesting, packing, or processing a  
            qualified donation item. 


          2)Expands the definition of "qualified donation item" (QDI) to  
            include, in addition to fresh fruits and vegetables, raw  
            agricultural products and processed foods, as specified.


          3)Requires the FTB to include in its annual report to the  
            Legislature, among other things, the estimated value and the  
            origin of the QDIs by January 1, 2018.  


          4)Upon receipt and acceptance of the donations, the food bank is  
            required to sign and provide to the donor a certificate, which  
            must include certain information, as specified, including the  
            acceptance, grade, origin and qualified value of the donated  
            items. 


          5)Requires a qualified taxpayer to claim the credit only on a  
            timely filed return. 


          6)Extends the tax credit program until January 1, 2019, and  
            repeals it on December 1, 2019.


          7)Renames the State Emergency Food Assistance Program (SEFAP) as  
            the CalFood Program (CFP), effective on or after January 1,  
            2017.


          FISCAL EFFECT:


          Estimated GF revenue loss of $750,000 in FY 2017-18. 








                                                                    AB 1577


                                                                    Page  3







          COMMENTS:


          1)Purpose. According to supporters, AB 1577 will help expand  
            access to nutritious food and strengthen the existing credit. 


          2)Background. In 2011, a state tax credit program was enacted  
            into law to allow a qualified taxpayer, under both the PIT and  
            CT laws, a tax credit in an amount equal to 10% of the  
            inventory costs of the fresh fruits or fresh vegetables  
            donated to food banks located in California. 


          3)Bill history. This bill was amended in the Assembly Revenue  
            and Taxation Committee. Those amendments included: 


             a)   Reversing a proposed modification to how the credit  
               would be calculated. The previous version of the bill  
               changed the credit to be 15% of the qualified value of the  
               donated items, which would be largely based on wholesale  
               prices. Committee amendments reverted the credit to its  
               current design, which is that the credit is worth 10% of  
               inventory costs.  These amendments reduced the fiscal  
               exposure.


             b)   Moving the sunset year from 2022 to 2019.  


          4)Veto of similar legislation: This bill follows AB 515 (Eggman)  
            of 2015, which was similar to the introduced version of AB  
            1577 prior to policy committee amendments. AB 515 was vetoed  
            by the Governor, with the following message: 










                                                                    AB 1577


                                                                    Page  4





            "Despite strong revenue performance over the past few years,  
            the state's budget has remained precariously balanced due to  
            unexpected costs and the provision of new services. Now,  
            without the extension of the managed care organization tax  
            that I called for in special session, next year's budget faces  
            the prospect of over $1 billion in cuts. 


            Given these financial uncertainties, I cannot support  
            providing additional tax credits that will make balancing the  
            state's budget even more difficult. Tax credits, like new  
            spending on programs, need to be considered comprehensively as  
            part of the budget deliberations."


          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081