BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1665


                                                                    Page  1





          ASSEMBLY THIRD READING


          AB  
          1665 (Bonilla and Frazier)


          As Amended  May 9, 2016


          2/3 vote.  Urgency


           ------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                  |Noes                 |
          |                |     |                      |                     |
          |                |     |                      |                     |
          |                |     |                      |                     |
          |----------------+-----+----------------------+---------------------|
          |Local           |6-3  |Eggman, Mullin,       |Waldron, Beth        |
          |Government      |     |Bonilla, Chiu,        |Gaines, Linder       |
          |                |     |Cooley, Gordon        |                     |
          |                |     |                      |                     |
          |----------------+-----+----------------------+---------------------|
          |Revenue &       |6-0  |Ridley-Thomas,        |                     |
          |Taxation        |     |Dababneh, Gipson,     |                     |
          |                |     |Mullin, O'Donnell,    |                     |
          |                |     |Quirk                 |                     |
          |                |     |                      |                     |
          |                |     |                      |                     |
           ------------------------------------------------------------------- 


          SUMMARY:  Removes the existing authority granted to Alameda  
          County and Contra Costa County to impose an additional  
          transactions and use tax, subject to voter approval, and  
          instead, grants Contra Costa County's existing authority to the  
          Contra Costa Transportation Authority.  Specifically, this bill:  
            








                                                                    AB 1665


                                                                    Page  2







          1)Removes the existing authority granted to Alameda County and  
            Contra Costa County, and instead, authorizes the Contra Costa  
            Transportation Authority (CCTA) to adopt an ordinance, in the  
            same manner as Alameda County, to impose a transactions and  
            use tax, subject to voter approval, that exceeds the combined  
            statutory rate of 2% until December 31, 2020.    


          2)Provides, notwithstanding any other law, any ordinance  
            previously adopted under the authority in existing law for the  
            Alameda and Contra Costa Counties to adopt an additional  
            transactions and use tax, subject to voter approval, and in  
            effect on January 1, 2016 may continue in effect.  


          3)Contains an urgency clause and states it is necessary that  
            this bill take effect immediately in order to ensure the  
            residents of Contra Costa County have adequate transportation  
            services.  


          4)Finds and declares that a special law is necessary because of  
            the unique fiscal pressures experienced in Alameda County and  
            CCTA in providing essential transportation programs.  


          EXISTING LAW:   


          1)Authorizes cities and counties to impose a local sales and use  
            tax.


          2)Authorizes cities and counties to impose transactions and use  
            taxes.










                                                                    AB 1665


                                                                    Page  3





          3)Prohibits, in any county, the combined rate of all taxes  
            imposed in accordance with Transactions and Use Tax Law from  
            exceeding 2%. 


          4)Authorizes Alameda County and Contra Costa County to adopt an  
            ordinance imposing a transactions and use tax not to exceed  
            0.5% for the support of countywide transportation programs at  
            a rate that would, in combination with all other transaction  
            and use taxes, exceed the 2% limit established in existing  
            law, if all the following conditions are met:


             a)   The local government entity adopts an ordinance  
               proposing the transactions and use tax by any applicable  
               voting requirements;


             b)   The ordinance proposing the transactions and use tax is  
               submitted to the electorate and is approved by two-thirds  
               of the voters voting on the ordinance; and,


             c)   The transactions and use tax conforms to the Transaction  
               and Use Tax Law.


          5)Provides that the authority for Alameda County and Contra  
            Costa County to adopt an ordinance to impose a transactions  
            and use tax that exceeds the combined statutory rate of 2%  
            shall only remain in effect until December 31, 2020.  


          FISCAL EFFECT:  None


          COMMENTS:  










                                                                    AB 1665


                                                                    Page  4





          1)Transactions and Use Taxes.  Existing law authorizes cities  
            and counties to impose transactions and use taxes in 0.125%  
            increments in addition to the state's 7.5% sales tax provided  
            that the combined rate in the county does not exceed 2%.   
            Transactions and use taxes are taxes imposed on the total  
            retail price of any tangible personal property and the use or  
            storage of such property when sales tax is not paid.  These  
            types of taxes may be levied as general taxes (majority vote  
            required), which are unrestricted, or special taxes  
            (two-thirds vote required), which are restricted for a  
            specified use.  


            The Transactions and Use Tax law authorizes the adoption of  
            local add-on rates to the combined state and local sales tax  
            rate.  The law has been amended multiple times to authorize  
            specific cities, counties, special districts and county  
            transportation authorities to impose a transactions and use  
            tax, if voters approve the tax.  Currently, 20 counties have  
            transactions and use taxes for public transportation or  
            transit.  


            Prior to 2003, cities lacked the ability to place transactions  
            and use taxes before their voters without first obtaining  
            approval by the Legislature to bring an ordinance before the  
            city council, and, if approved at the council level, to the  
            voters.  This was remedied by SB 566 (Scott), Chapter 709,  
            Statutes of 2003.  SB 566 also contained provisions to  
            increase a county's transactions and use tax cap because of  
            the possibility that certain counties were going to run out of  
            room under their caps, if cities within those counties  
            approved transactions and use taxes.  


            Because of the interaction between city-imposed and  
            county-imposed transactions and use taxes, the concern that  
            counties will run into the 2% cap still applies today.   
            Currently, the Counties of Alameda, Contra Costa, Los Angeles,  








                                                                    AB 1665


                                                                    Page  5





            and San Mateo have reached the 2% limit, and the Counties of  
            Marin, San Diego, and Sonoma are near the 2% limit.  The  
            Legislature has granted several exemptions to the 2% cap,  
            including to several counties to allow an additional  
            countywide transactions and use tax for transportation  
            purposes.


          2)Bill Summary.  In 2011, the Legislature provided a one-time  
            exemption for Alameda County from the 2% transactions and use  
            tax combined rate cap [AB 1086 (Wieckowski), Chapter 327,  
            Statutes of 2011].  After a ballot measure in Alameda County  
            fell narrowly short of the necessary two-thirds vote, the  
            Legislature extended the authority for Alameda County to adopt  
            an ordinance imposing a transactions and use tax from January  
            1, 2014, to December 31, 2020, and authorized Contra Costa  
            County to adopt an ordinance imposing a transactions and use  
            tax in the same manner as Alameda County [AB 210 (Wieckowski),  
            Chapter 194, Statutes of 2013].  In November of 2014, voters  
            in Alameda County passed Measure BB, a transactions and use  
            tax at 0.5% to fund transportation improvements for 30 years.   



            This bill replaces Contra Costa County with CCTA as the entity  
            authorized to impose a countywide transactions and use tax,  
            subject to voter approval, beyond the 2% cap.  Additionally,  
            this bill removes the existing authority granted to Alameda  
            County and provides that any ordinance previously adopted and  
            in effect by January 1, 2016, may continue in effect.  This  
            bill does not impact the required two-thirds vote needed for  
            transactions and use taxes for the support of countywide  
            transportation programs.  This bill is sponsored by CCTA.  


          3)Contra Costa Transportation Authority (CCTA).  CCTA was formed  
            by the voters in 1988 to manage the funds generated by  
            transactions and use taxes for transportation purposes and to  
            lead Contra Costa County's transportation planning efforts.   








                                                                    AB 1665


                                                                    Page  6





            That same year Contra Costa County voters passed Measure C  
            which imposed a 0.5% countywide transactions and use tax for  
            CCTA to extend Bay Area Rapid Transit (BART), make freeway  
            improvements, improve bus service, enhance bicycle facilities,  
            and provide more transportation options for senior citizens  
            and people with disabilities.  In November 2004, voters  
            approved Measure J with a 71% vote to extend the half-cent  
            transactions and use tax from 2009 to 2034.  


          4)Author's Statement.  According to the author, "CCTA is  
            considering bringing forth a transportation tax measure to the  
            Contra Costa County voters.  However, as it currently stands,  
            CCTA cannot place a tax measure before the voters without the  
            support of the county. The county must adopt an ordinance to  
            present a tax to the voters and then work with the Board of  
            Equalization to delegate responsibilities from the county to  
            CCTA.  To that end, AB 1665 proposes to transfer the authority  
            from the county to CCTA.  The rationale is that CCTA oversees  
            this county's countywide transportation program and will have  
            the responsibility to administer the tax proceeds, thus they  
            should have independent authority to place a ballot measure  
            before the voters.  


            "As a regional leader in transportation, CCTA, not the county,  
            is the Congestion Management Agency, [that] oversees  
            long-range planning efforts, and delivers the Transportation  
            Expenditure Plan for the existing $0.05 cent sales tax.  Since  
            they are the public agency tasked with managing the county's  
            transportation sales tax program, CCTA is in the best position  
            to adopt an ordinance proposing a transportation program tax  
            and achieving the maximum voter approval necessary for its  
            passage.  Most importantly, CCTA keenly understands the  
            community's transportation needs, working in the field and  
            receiving community feedback. 


            "CCTA has a greater pulse on the necessity of local  








                                                                    AB 1665


                                                                    Page  7





            transportation funding and has a proven track record of  
            planning and delivering critical transportation infrastructure  
            projects and programs.  They have developed major projects on  
            state highways working with CalTrans; provided critical  
            funding to local cities, the county and transit districts; met  
            the goals of the countywide transportation plan to create a  
            balanced, safe and efficient transportation network; and plays  
            a significant role in reducing congestion, improving air  
            quality, and increasing mobility options for residents.  In  
            effect, CCTA has the trust of the voters and the expertise to  
            deliver the vision of local communities.  


            "In light of the severe state funding shortfall for  
            transportation, it is imperative that local governments,  
            agencies and their constituents have the ability to generate  
            additional funding to plan and bring forth critical  
            transportation projects.  AB 1665 will streamline this  
            process, making local governments more efficient so voters can  
            weigh-in on the transportation issues of the county.  Simply  
            put, this bill will allow CCTA to continue the great work they  
            have been known to accomplish, while meeting the precise needs  
            of Contra Costa County and its residents."  


          5)Prior Legislation.  SB 314 (Murray), Chapter 785, Statutes of  
            2003, originally enacted provisions that authorized the Los  
            Angeles County Metropolitan Transportation Authority (MTA) to  
            impose a 0.5% transactions and use tax, not subject to the 2%  
            cap for no more than six and one-half years, for specific  
            transportation projects and programs.  The authority to put a  
            tax measure on the ballot was never used.  AB 2321 (Feuer),  
            Chapter 302, Statutes of 2008, modified those provisions to  
            allow MTA to impose a transactions and use tax for 30 years.   
            SB 767 (De León), Chapter 580, Statutes of 2015, authorized  
            MTA to impose an additional countywide transactions and use  
            tax.  










                                                                    AB 1665


                                                                    Page  8





            AB 1324 (Skinner), Chapter 795, Statutes of 2014, allowed the  
            City of  El Cerrito (in Contra Costa County) to adopt an  
            ordinance to impose a transactions and use tax not to exceed  
            0.5% for general purposes that would, in combination with  
            other taxes, exceed the statutory limit of 2%.  Most recently,  
            AB 464 (Mullin) of 2015 would have increased the countywide  
            transactions and use tax combined cap from 2% to 3%, but was  
            vetoed by the Governor.  


          6)Arguments in Support.  CCTA argues that this bill "provides an  
            opportunity for Contra Costa voters to support transportation  
            investments consistent with an adopted Transportation  
            Expenditure Plan that could help our community advance our  
            competitive edge, improve mobility, and meet the State's  
            ambitious environmental goals."  


          7)Arguments in Opposition.  None on file.   




          Analysis Prepared by:                                             
                          Misa Lennox / L. GOV. / (916) 319-3958  FN:  
          0002907