BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 16 (Beall) - Transportation funding ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 13, 2015 |Policy Vote: T. & H. 6 - 1, | | | GOV. & F. 5 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: Yes |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 26, 2015 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- SUSPENSE FILE. AS AMENDED. Bill Summary: SB 16 would impose (1) a $0.10 per gallon excise tax on gasoline, (2) a $0.12 per gallon excise tax on diesel fuel, and (3) increase vehicle license fees (VLF) and registration fees for five years. Fiscal Impact (as approved on May 28, 2015): The Board of Equalization (BOE) estimates that total revenues (excise and sales tax) from the gasoline and diesel tax rate increases would lead to revenue gains of $1.048 billion in 2015-16 and $1.863 billion in 2016-17 (General Fund and special funds). SB 16 (Beall) Page 1 of ? The proposed $100 fee on zero emission vehicles would generate $10.8 million annually (special funds). The proposed $35 increase in the vehicle registration fee would generate $1.085 billion annually (special funds). Assuming no other changes beyond the increased VLF rate itself, the rate increase to 1.0 percent would generate $1.216 billion annually when fully phased-in (General Fund, see Staff Comments). BOE would incur one-time and ongoing administration costs to implement the bill, at a minimum in the hundreds of thousands of dollars annually (special funds) The Department of Motor Vehicles (DMV) would incur one-time programming costs of $350,000, and ongoing costs of under $25,000 with each change in the VLF (special funds). The bill would result in $577,000 (special funds) ongoing in new administration costs to the California Transportation Commission (CTC). CalTrans would incur one-time administration costs that are unknown, but likely to be in the tens of thousands of dollars minimally. Background: Current law generally imposes an excise tax on gasoline and diesel fuel upon (1) the removal (except for aviation gasoline) at the refinery or terminal rack, (2) entry into the state, and (3) the sale to an unlicensed person. For 2015-16, the gasoline excise tax rate is set at $0.30 per gallon, and at $0.13 per gallon on diesel fuel. Currently, as part of the "fuel tax swap," retail sales of gasoline are exempt from the state's General Fund rate. The fuel tax swap also increased the sales and use tax (SUT) rate on diesel fuel sales and purchases to offset the loss related to SB 16 (Beall) Page 2 of ? the diesel fuel excise tax rate reduction. Current law provides that the excise tax on gasoline is included in the computation of locally imposed SUT. The excise tax imposed on diesel fuel is not subject to SUT. Upon enactment of the fuel tax swap in March 2010, the gasoline excise tax rate was increased and included a floor stock tax, which is a way to equalize the excise tax paid on fuel held in inventory by a supplier, wholesaler or retailer prior to the effective date of a tax increase and fuel purchased after the tax increase. Having a large fuel inventory before a tax rate increase takes effect can bring about a small windfall to a seller, who can raise the selling price of the fuel purchased prior to the increase and attribute the increase in price to the tax rate increase. Since the diesel fuel excise tax rate was decreased, there was no need for a floor stock tax. The vehicle license fee (VLF) is a tax on the ownership of a registered vehicle in place of taxing vehicles as personal property. Prior to 1935, vehicles in California were subject to property tax, but the Legislature decided to create a state-wide system of vehicle taxation. The taxable value of a vehicle is established by the purchase price of the vehicle, depreciated annually according to a statutory schedule. Prior to recent budget actions, the state collected and allocated the VLF revenues, minus administrative costs, to cities and counties. The VLF tax rate is currently 0.65 percent of the value of a vehicle, but historically (until 2004) has been 2 percent. In 1998, the Legislature cut the VLF rate from 2 percent to 0.65 percent of a vehicle's value. The current vehicle registration fee is $43 per vehicle. Proposed Law: This bill would establish the Road Maintenance and Rehabilitation Program, and require all revenues from the imposed taxes and fees to be deposited in the newly created Road Maintenance and Rehabilitation Account (RMRA). The bill specifies (1) the gasoline and diesel fuel excise tax rates, (2) vehicle license and registration fee increases, and (3) allocation of revenues, SB 16 (Beall) Page 3 of ? as specified. I. Gasoline and diesel fuel excise tax rates. The bill would impose an additional $0.10 per gallon excise tax on gasoline and $0.12 per gallon on diesel fuel. The bill would also impose a one-time equivalent rate floor stock tax, as defined. II. Vehicle license and registration fee increases. The bill would incrementally increase the VLF to a rate of 1 percent, over a 5-year period beginning July 1, 2015, with the revenues above the current 0.65 percent rate to be deposited in the General Fund and used for transportation general obligation bond debt service. Additionally, the bill would increase the annual vehicle registration by $35, and add a new $100 annual vehicle registration fee applicable to zero-emission motor vehicles. Additionally, the bill would require Caltrans, by March 1, 2016, to provide the California Transportation Commission with a plan to increase the department's efficiency by 30 percent over the prior three years, as specified. As an urgency measure, SB 16 would take effect immediately and be repealed as of July 1, 2020. Related Legislation: SB 321 (Beall) would authorize BOE to make specified adjustments to the gasoline tax swap. SB 433 (Berryhill) would require the Department of Finance, instead of BOE, to determine the annual excise tax rate adjustment for gasoline and diesel fuel under the "fuel tax swap" provisions for 2016-17 through 2020-21. Staff Comments: BOE estimates that the bill would increase gasoline and diesel excise tax revenues by $1.007 billion in 2015-16 (a partial year estimate, assuming an effective date of December 11, 2015) and $1.790 billion in 2016-17. The figures include floor stock revenues of $13.8 million for gasoline and $2.9 SB 16 (Beall) Page 4 of ? million for diesel. Total associated state and local sales and use tax revenues would rise by $41.2 million in 2015-16 and $73.1 million in 2016-17. In sum, total excise and sales tax revenues would rise by $1.048 billion in 2015-16 and $1.863 billion in 2016-17. The $0.10 increase in gasoline excise rate would affect the aviation gasoline (AvGas). Staff notes that the associated revenues should be allocated to the Aeronautics Account. The bill currently has the excise surtax revenues being allocated to RMRA. Recent Federal Aviation Administration policy notice makes it clear that the excise tax on AvGas would need to be allocated to airports. Aviation gas is very small in relation to on-road gasoline; specifically, aviation gas gallons are just 0.1 percent of the total. Revenues for aviation gas are $0.9 million in 2015-16 (including the floor stock tax) and $1.6 million in 2016-17. With respect to administration costs, the bill would require BOE to immediately modify computer programming, revise publications, process additional returns and payments, carry out compliance and audit efforts to ensure proper reporting, and increase investigative activities. Additionally, BOE staff would need to identify and register additional taxpayers due to the floor stock tax. BOE fuel tax swap responsibilities would include explanation of the indirect effect tax rate changes have on the fuel tax swap rate calculation. Specific costs have yet to be ascertained, but would minimally reach the hundreds of thousands of dollars annually. DMV indicates that about 31 million vehicles are currently registered in the State. Consequently, the bill's $35 increase to the annual registration fee would generate about $1.085 million, rising in the out years as the number of registered vehicles increases. DMV indicates that 108,000 zero-emission vehicles are currently registered in the State. Thus, the bill's $100 annual registration fee on these vehicles would generate $10.8 million, also rising in the out-years as the number of zero-emission vehicles increases. SB 16 (Beall) Page 5 of ? DMV would incur one-time programing costs of $350,000, with an additional $25,000 each time the VLF rate is reset. Budgetary documents indicate that 2015-16 VLF revenues at the 0.65 percent rate are projected to total $2.258 billion. Assuming no growth in either (1) the number of vehicles in the State, or (2) depreciation, a 1.0 percent VLF rate would generate an additional $1.216 billion. CTC indicates that the bill would require 3.5 positions and about $577,000 to carry-out duties prescribed by the bill, including preparation of performance criteria and other new responsibilities. Finally, though the gasoline and diesel fuel tax swaps are designed to be revenue neutral, they would be indirectly affected by this bill because the increases in the gasoline and diesel excise rates are assumed to be passed on to consumers, resulting in higher gasoline and diesel prices. For gasoline, because the bill would raise the price by $0.10 per gallon, the five percent General Fund rate prior to implementation of the gasoline tax swap implies a $0.005 per gallon increase in the fuel tax swap rate. This additional price is not reflected in the FY 2015-16 gasoline surtax rate, which is set to be $0.12 per gallon. However, if enacted, when the gasoline rate is set for the subsequent year, additional sales tax revenue would be foregone, resulting in the need for a higher excise rate (to ensure revenue neutrality) that what would have happened on the natural. For diesel fuel, because the bill would raise the price by $0.12 per gallon, and the diesel swap rate is set at 1.75 percent, the bill would raises diesel taxes by $0.0021 per gallon. Unlike gasoline, this impact would be reflected in higher diesel prices when the new tax rate is paid. To keep diesel prices revenue neutral to its pre-swap rate of $0.18 per gallon, the measure's indirect effect would reduce the rate by $0.0021 per gallon the SB 16 (Beall) Page 6 of ? next time it is set. Author's Amendments (as adopted May 28, 2015): Amendments would allow administrative costs to be funded through new revenues generated by the bill. -- END --