BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2127| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2127 Author: O'Donnell (D) and Brough (R) Amended: 5/12/16 in Assembly Vote: 27 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/21/16 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 6/29/16 AYES: Hertzberg, Beall, Hernandez, Lara, Moorlach NOES: Nguyen NO VOTE RECORDED: Pavley SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/1/16 AYES: Lara, Beall, Hill, McGuire, Mendoza, Nielsen NO VOTE RECORDED: Bates ASSEMBLY FLOOR: 67-0, 5/27/16 (Consent) - See last page for vote SUBJECT: Taxation: motor vehicle fuel: use fuel: alcohol fuels SOURCE: California Independent Oil Marketers Association DIGEST: This bill increases the allowable percentage of gasoline or diesel fuel that may be included in blended alcohol fuel from 15% to 18%, and makes corresponding changes to the definition of "gasohol." ANALYSIS: AB 2127 Page 2 Existing law: 1)Imposes, under the Motor Vehicle Fuel Tax (MVFT) Law, a tax upon the privilege of distributing motor fuel. 2)Defines gasohol, for purposes of the MVFT, to mean all blends of gasoline and alcohol containing more than 15% gasoline. 3)Imposes, under the Use Fuel Tax (UFT) Law, an excise tax of $0.18 per gallon on use fuels. 4)Defines fuel, for purposes of the UFT Law, to include any combustible gas or liquid used in an internal combustion engine for propulsion on the highway, except fuel subject to taxation under the MVFT Law or the Diesel Fuel Tax Law. 5)Provides that the excise tax imposed upon ethanol or methanol containing no more than 15% gasoline or diesel fuels shall be one-half the rate (i.e., $0.09) prescribed by existing law (i.e., $0.18) for each gallon of fuel used. 6)Charges the California Air Resources Board (CARB) with adopting and implementing motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution, as specified. 7)Charges CARB with engaging in efforts to achieve the maximum degree of emission reduction possible from vehicular and other mobile sources in order to accomplish the attainment of the state standards at the earliest practicable date. This bill: 1)Redefines the term gasohol, for purposes of MVFT Law, as all AB 2127 Page 3 blends of gasoline and alcohol containing more than 18% gasoline (instead of 15% per current law). 2)Provides that blended alcohol fuel containing no more than 18% gasoline or diesel fuels (instead of the existing 15% gasoline or diesel fuels) qualifies to be levied at $0.09 for each gallon of fuel used (i.e., one-half the existing rate of $0.18). 3)Provides that the increased blended percentages specified in this bill are to remain in effect for five years and become inoperative on January 1, 2022. 4)Takes immediate effect as a tax levy. Comments 1)Purpose. The author notes, "Currently, the tax code and air resource protection requirements have conflicting specifications for blended ethanol fuels. Specifically, the tax code charges half the normal UFT rate on ethanol fuels containing no more than 15% gasoline. However, the CARB has set specifications for E-85 [a common type of blended ethanol fuel] requiring the total fuel volume to contain a minimum of 15% of hydrocarbons [e.g., gasoline]. This means the minimum gasoline content required by the CARB is the maximum content allowable to qualify for the tax incentive. Due to this conflict, fuel marketers have difficulties recouping the excise tax paid on E-85 blends to reflect the lower tax rate allowed for such alternative fuels. AB 2127 remedies this conflict." 2)Alcohol fuel blends. Alcohol fuel blends are the result of blending two components: ethanol or methanol fuel and gasoline or diesel fuel. E-85, for example, is produced by blending ethanol fuel and gasoline. The preferential excise tax rate AB 2127 Page 4 for alcohol blends was originally established in 1981. Proponents of alcohol fuel blends argue these preferential rates (i.e., lower rates) were primarily interested in stimulating alcohol-fuel production and sale. Specifically, an increase in alcohol-fuel production could potentially reduce imported oil, create market parity by matching tax rates to alcohol fuels' lower BTU output, and promote California agricultural products used in creating alcohol fuels. 3)UFT Law. The UFT Law sets the excise tax rate for ethanol and methanol containing no more than 15% gasoline or diesel at one-half the normal rate specified by existing law (i.e., $0.09 per gallon instead of $0.18 per gallon). Ethanol and methanol containing more than 15% gasoline is defined as gasohol under the MVFT Law (see section below). While the UFT is technically imposed on the use of fuel, the vendor who sells or delivers such fuel into a fuel tank must, at the time of sale, collect the tax from the user and provide a receipt. Vendors are required to have permits with the Board of Equalization (BOE) and file returns. A use fuel vendor's responsibilities include reporting and paying the use fuel tax on alcohol fuels, including E-85, delivered into motor vehicle fuel tanks. Specifically, the vendor is required to collect and remit to the BOE the $0.09 per gallon use fuel tax on the full volume of E-85 sold or dispensed from a retail pump. 4)MVFT Law. The state imposes an excise tax under the MVFT Law of $0.30 per gallon on the removal of gasoline (except for aviation gasoline) at the refinery or terminal rack, upon entry into California, and upon sale to an unlicensed person. Refunds of the excise tax paid on gasoline are allowed under certain circumstances to certain persons. For example, in this instance, a refund is allowed to any person who buys gasoline to produce a blended fuel used to operate a motor vehicle on the state's highways when that blended fuel is taxed as a use fuel. AB 2127 Page 5 5)Wiggle room. Both the author and sponsor of this bill argue that due to the complexity of producing blended alcohol fuel (E-85 in particular) and various CARB regulations, the process of producing blended alcohol fuel that is precisely 15% gasoline and 85% ethanol is very difficult. In order to qualify for the $0.09/gallon user tax exemption, a blended fuel must be comprised of 85% ethanol. However, many times these blends slightly exceed the 15%/85% ratio, which disqualifies the producer from the $0.09/gallon exemption. This bill will provide blended-alcohol fuel producers with the flexibility to still qualify for the $0.09/gallon rate and remain in compliance with various CARB regulations and statutes. FISCAL EFFECT: Appropriation: No Fiscal Com.: YesLocal: No According to the Senate Appropriations Committee, 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. BOE indicates that any administrative costs would be absorbable (General Fund). SUPPORT: (Verified 8/2/16) California Independent Oil Marketers Association (source) POET LLC Propel Fuels OPPOSITION: (Verified8/2/16) California Department of Finance California Tax Reform Association ASSEMBLY FLOOR: 67-0, 5/27/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bonilla, Bonta, Burke, Calderon, Campos, Chang, Chau, AB 2127 Page 6 Chávez, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Bloom, Brough, Brown, Chiu, Dodd, Eduardo Garcia, Grove, Hadley, Jones-Sawyer, Low, Melendez, O'Donnell, Ting Prepared by:Manny Leon / T. & H. / (916) 651-4121 8/3/16 18:56:57 **** END ****