BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2675


                                                                    Page  1





          Date of Hearing:   May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2675 (Chiu) - As Amended May 2, 2016


           ----------------------------------------------------------------- 
          |Policy       |Revenue and Taxation           |Vote:|9 - 0        |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill provides a partial Sales and Use Tax (SUT) exclusion  
          and a tax credit under the Personal Income Tax (PIT) Law and the  
          Corporation Tax (CT) Law for the purchase of electrical vehicle  
          infrastructure for a qualified dwelling. Specifically, this  
          bill: 


          1)Excludes 10% of the first $400,000 of gross receipts of  
            purchased electric vehicle infrastructure from the state  
            portion of the sales and use tax. This partial exclusion is  
            operative between January 1, 2017, and January 1, 2020.  









                                                                    AB 2675


                                                                    Page  2






          2)Creates a PIT and CT credit equal to 10% of the amount paid by  
            a taxpayer for electric vehicle infrastructure, not to exceed  
            $2,500. This credit is operative for taxable years beginning  
            on or after January 1, 2017, and before January 1, 2020. 


          3)Defines a "qualified dwelling" as a multifamily residence or  
            multifamily unit, mobile home, or manufactured home located at  
            a mobile home park, duplex, townhome, apartment, and  
            condominium.  


          FISCAL EFFECT:


          1)Significant administrative costs to the Board of Equalization  
            (BOE) and the Franchise Tax Board (FTB) to implement these  
            programs. 





          2)Annual GF revenue loss of approximately $1.7 million, $2.6  
            million, $2.8 million in FY 2016-17, FY 2017-18, FY 2018-19,  
            respectively. 
          COMMENTS:


          1)Purpose.  According to the author, AB 2675 will help promote  
            zero-emission vehicles and help invest in EV infrastructure.  
            Supporters argue that this bill would encourage building  
            owners to make the decision to install fully functioning  
            electric vehicle charging facilities.


          2)Existing state programs. The Alternative and Renewable Fuel  
            and Vehicle Technology Program (ARFVTP) provides grants,  








                                                                    AB 2675


                                                                    Page  3





            loans, loan guarantees, revolving loans, or appropriate  
            measures to reduce California's dependence on petroleum.  
            ARFVTP provides a loan and rebate program for small businesses  
            that meet the criteria to install electric vehicle charging  
            stations. Funded by the California Energy Commission, this  
            program may provide up to 100% coverage to lenders on certain  
            loan defaults. Borrowers may be eligible to receive a rebate  
            of 10 to 15% of the enrolled loan amount if they had one or  
            fewer late payments and the loan is paid off or it reaches 49  
            months. 


          3)How would the PIT and CT credit work? This bill allows a tax  
            credit of 10 percent of the amount paid or incurred for  
            electric vehicle infrastructure during the taxable year for  
            use a qualified dwelling, not to exceed $2,500. Any unused  
            credits could be carried over for four years or until  
            exhausted. In its analysis of the bill, the Franchise Tax  
            Board identifies a number of administrative concerns with this  
            portion of AB 2675, including: 


             a)   As currently drafted, the maximum credit available for a  
               jointly file return, which reflects the tax return of two  
               taxpayers, would be $5,000, not $2,500.
             b)   The bill does not specify how long the electric vehicle  
               infrastructure must be placed in service in order for the  
               taxpayer to receive the credit. Therefore, a taxpayer could  
               claim a 10 percent credit for amounts paid or incurred for  
               the same infrastructure for multiple years. 


             c)   Definitions remain broad and could cause confusion. For  
               example, the costs of upkeep, maintenance and improvements  
               to existing infrastructure could possibly qualify for costs  
               incurred for electrical vehicle infrastructure. 


          1)How would the partial SUT exclusion work? This bill excludes  








                                                                    AB 2675


                                                                    Page  4





            10% of the price of EV infrastructure from the state portion  
            of SUT, up to the first $400,000. In practice, this exclusion  
            is administratively difficult to implement.
            For example, if a taxpayer purchased $500,000 in electric  
            vehicle infrastructure, this exclusion would result in only  
            $460,000 of TPP being subject to the state portion of the SUT  
            (6%). However, Bradley-Burns (1.25%) and any relevant local  
            sales and use taxes would still be collected on the full  
            $500,000. Assuming no local tax, the taxpayer in this example  
            would owe $27,600 in state SUT and $6,250 in Bradley-Burns,  
            compared to $36,250 without the exclusion, resulting in  
            savings of $2,400. 


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