BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2127 (O'Donnell) - Taxation:  motor vehicle fuel:  use fuel:   
          alcohol fuels
          
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          |Version: May 12, 2016           |Policy Vote: T.&H. 11 - 0, GOV. |
          |                                |          & F. 5 - 1            |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Mark McKenzie       |
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          This bill does not meet the criteria for referral to the  
          Suspense File.



          Bill  
          Summary:  AB 2127 would increase the allowable percentage of  
          gasoline that may be included in E85 fuel blend from 15% to 18%,  
          and make a corresponding change to the definition of "gasohol"  
          to mean all blends of gasoline and alcohol that contain more  
          than 18% gasoline (instead of 15%).  These changes would only  
          remain in effect until January 1, 2022.


          Fiscal  
          Impact:  
           The Board of Equalization (BOE) estimates net revenue losses  
            could be in the range of $80,000 to $114,000 annually for five  
            years (Motor Vehicle Fuel Account).  These figures account for  
            both reduced excise tax revenues and increased refunds.  (see  
            staff comments)







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           BOE indicates that any administrative costs would be  
            absorbable. (General Fund)


          Background:  The Motor Vehicle Fuel Tax (MVFT) Law imposes a $0.30 per  
          gallon excise tax for the privilege of distributing motor fuel.   
          The tax is imposed on the removal of gasoline at the refinery or  
          terminal rack when it enters the state and upon sale to an  
          unlicensed person.  Under existing law, "gasohol" fuel, defined  
          as all blends of gasoline and alcohol containing more than 15%  
          gasoline, is subject to the $0.30 per gallon excise tax, whereas  
           blends of gasoline and alcohol containing less than 15%  
          gasoline is subject to the Use Fuel Tax (UFT) Law.  

          UFT Law imposes an excise tax of $0.18 per gallon on fuel used.   
          The law defines "fuel" to include any combustible gas or liquid  
          used in an internal combustion engine for propulsion on the  
          highway except fuel taxed as a motor vehicle fuel (gasoline) or  
          diesel fuel.  UFT Law also defines gasohol as all blends of  
          gasoline and alcohol containing more than 15% gasoline.  An  
          exception to the rate of $0.18 per gallon is the $0.09 per  
          gallon rate imposed on ethanol and methanol blends containing up  
          to 15% gasoline, known as an E85 blend.

          Existing law provides for a refund of the gasoline excise tax if  
          a person who buys and uses gasoline for the purposes of  
          producing a blended fuel, such as E85, when that fuel is taxed  
          as a use fuel.  For instance, a fuel blender who purchases fuel  
          at the refinery or terminal rack and pays the $0.30 per gallon  
          excise tax, then blends the gasoline "below the rack" and sells  
          it as E85, where it is taxed at the UFT rate of $0.09 per  
          gallon, is eligible for a refund on the difference between the  
          $0.30 and $0.09 per gallon rate.


          Proposed Law:  
            AB 2127 would increase the allowable percentage of gasoline  
          that may be included in E85 fuels from 15% to 18% for five  
          years.  Specifically, this bill would:
                 Revise the definition of "gasohol" for purposes of the  
               MVFT Law to mean all blends of gasoline, and alcohol  
               containing more than 18% of gasoline (from 15%) until  
               January 1, 2022.








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                 Specify that the excise tax imposed on ethanol or  
               methanol containing no more than 18% gasoline or diesel  
               fuels (rather than 15%) shall be half the amount imposed on  
               fuel used, for purposes of the UFT Law, until January 1,  
               2022.




          Related  
          Legislation:  AB 1442 (O'Donnell), which was held on the  
          Assembly Revenue and Taxation Committee's Suspense File last  
          year, would have increased the allowable percentage of gasoline  
          that may be included in E85 from 15% to 21%, and make  
          corresponding changes to the definition of gasohol.


          Staff  
          Comments:  This bill would increase the allowable percentage of  
          gasoline that may be included in an E85 fuel blend from 15% to  
          18%.  This would result in both an increase in amounts E85 fuels  
          that can be taxed at the discounted UFT rate of $0.09 per gallon  
          (instead of $0.18 per gallon) and an increase in refunds of MVF  
          taxes paid by blenders.  As the amount of gasoline blended into  
          E85 increases, the state experiences a revenue loss from  
          decreased UFT tax revenues.  This also increases the amount of  
          refunds to blenders.  Using historical E85 blended fuel volumes  
          from the past three fiscal years, the BOE estimates combined  
          revenue losses (from both increased refunds and decreased gas  
          tax revenues) of $79,456 in 2012-13, $113,858 in 2013-14, and  
          $102,093 in 2014-15, or an average loss of about $98,000  
          annually.   To the extent the industry changes production  
          methods and volumes and blends more E85 at the rack, rather than  
          below the rack, the revenue impacts could grow.


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