BILL ANALYSIS Ó SB 321 Page 1 Date of Hearing: August 26, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 321 (Beall) - As Amended August 18, 2015 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill modifies, for FY 2016-17 and each FY thereafter, the method by which the Board of Equalization (BOE) annually adjusts the motor vehicle fuel (gasoline) tax swap to reflect a combined five-year average of fuel prices instead of single-year fuel prices when determining the motor vehicle fuel excise tax, reducing revenue volatility. The bill stipulates the change in methodology is not intended to produce a net revenue gain. FISCAL EFFECT: SB 321 Page 2 Minor and absorbable administrative costs to BOE; insignificant impact to state revenue. COMMENTS: 1)Purpose. The fuel tax swap was enacted in 2010, partly to allow the use of additional existing transportation revenue to fund transportation projects. The tax swap requires BOE to annually adjust the state gasoline excise tax rate to ensure the state collects approximately the same amount of revenue from the excise tax as it would have collected under the previous sales tax. The rate adjustment requires BOE to forecast gasoline prices and consumption for each coming year, often leading to over- or under-collection of revenue as a result of price volatility and requiring further adjustment to reconcile discrepancies. The author and supporters contend the adjustments can cause significant volatility in the amount of revenue collected from gasoline sales, leading to state and local budgeting difficulties, and cause uncertainty for consumers over prices at the pump. This bill is intended to smooth that volatility by requiring BOE to base the gas price estimate on an average of the previous four years' actual prices and the estimated price for the current year. Actual pricing data over the past five years suggest this methodology would have reduced excise tax volatility, albeit moderately. 2)Short-Term Stability, Long-Term Revenue Neutrality. The fuel tax swap requires BOE to maintain revenue neutrality, and this bill reaffirms that requirement while expanding the look-back period. As a result, excise tax adjustments will begin to lag behind actual fluctuations in price and consumption. In periods of declining prices and/or consumption, prior periods of higher demand may artificially inflate the revenue forecast SB 321 Page 3 and lead to higher excise taxes, while in periods of rising prices and/or consumption, prior periods of weaker demand may artificially constrain the revenue forecast and lead to lower excise taxes. Over time, these effects will offset, and BOE expects the overall revenue impact to be neutral. Analysis Prepared by:Joel Tashjian / APPR. / (916) 319-2081