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