BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2518


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          Date of Hearing:  May 25, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
            2518 (Gomez) - As Amended May 18, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill creates a sales and use tax (SUT) exemption for  
          building and construction supplies used by nonprofit  
          organizations that build and rehabilitate affordable homes.  








                                                                    AB 2518


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          Specifically, this bill: 


          1)Establishes an SUT exemption, from January 1, 2017 to January  
            1, 2020, for building and construction supplies, materials,  
            equipment, and machinery, and the parts thereof that are  
            purchased for use by a nonprofit corporation that has received  
            a welfare exemption for the construction and rehabilitation of  
            properties in California sold to "persons and families of low  
            income."


          2)Provides that the purchaser is liable for payment of the sales  
            tax if, within one year from the date of purchase, the  
            supplies purchased are moved outside California, converted for  
            use not qualifying for the exemption, or used in a manner not  
            qualifying for the exemption. 


          FISCAL EFFECT:


          Annual state and local revenue loss in the range of $332,000,  
          including $175,000 GF. 


          COMMENTS:


          1)Purpose. According to the author, AB 2518 will help increase  
            construction of affordable housing in California. It would do  
            this by providing tax relief to certain nonprofits that build  
            homes to be sold to low-income families.  


          2)Habitat for Humanity. Under the eligibility rules established  
            in this bill, Habitat for Humanity would be one of only a  
            small number of organizations eligible for the exemption. 









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          3)Eligible items. AB 2518 creates a sales and use tax exemption  
            for a broad range of goods, including flooring, lumber, paint,  
            stucco, as well as ceiling fans, stoves, generators, or even  
            bulldozers, pick-up trucks and tractors. Therefore, an  
            organization could get a partial sales tax exemption for  
            equipment it could eventually use for projects that aren't for  
            the construction of affordable housing. For example, an  
            organization could buy a pick-up truck for the purpose of  
            helping with a construction project, but then transition that  
            pick-up truck for another purpose after a year. The Committee  
            may wish to limit eligible items to goods and materials that  
            are part of the home itself, such as flooring, lumber, and  
            sheetrock. This will reduce cost pressures while ensuring that  
            the exemption goes toward the intended use of encouraging  
            affordable home construction. 





          1)Recent amendments. AB 2518 was amended on May 18, 2016 to make  
            the sales and use tax exemption a full exemption rather than a  
            partial exemption. Earlier versions of the bill exempted only  
            the GF portion of the state sales and use tax, and the local  
            government portion still applied to qualified goods purchased  
            by an organization such as Habitat for Humanity. By making the  
            exemption a full exemption, the May 18 amendments make AB 2518  
            more valuable to nonprofits, but more costly for local  
            governments  



          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081












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