BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2127|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   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:  









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          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  








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            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  








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            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.  









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          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,  








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                                                                     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


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