BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 321| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 321 Author: Beall (D) Amended: 8/18/15 Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/15/15 AYES: Hertzberg, Nguyen, Bates, Beall, Hernandez, Lara, Pavley SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 40-0, 6/1/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 80-0, 9/10/15 - See last page for vote SUBJECT: Motor vehicle fuel taxes: rates: adjustments SOURCE: Author DIGEST: This bill modifies the method by which the State Board of Equalization (BOE) annually adjusts the motor vehicle "fuel tax swap" rate to take into account a five-year average of fuel prices, thereby smoothing perceived revenue volatility. Assembly Amendments delay the operative date of this bill from SB 321 Page 2 the 2015-16 fiscal year to the 2016-17 fiscal year and remove the provision allowing the BOE to adjust the rate more than once a year. ANALYSIS: Existing law: 1)Defines "motor vehicle fuel" under the Motor Vehicle Fuel Tax (MVFT) Law as gasoline and aviation gasoline. The term does not include jet fuel, diesel fuel, kerosene, liquefied petroleum gas, natural gas in liquid or gaseous form, alcohol, or racing fuel. 2)Imposes, under the MVFT Law, an excise tax upon each gallon of fuel. 3)Provides, on and after July 1, 2010, a partial SUT exemption for "motor vehicle fuel". 4)Provides for the annual adjustment of the MVFT excise tax rate. Specifically, for the 2011-12 fiscal year (FY) and each FY thereafter, the BOE must adjust the rate so as to generate revenues equal to the amount of revenue loss attributable to the partial sales and use tax (SUT) exemption for motor vehicle fuel. This calculation is made annually by March 1, based on estimates made by the BOE, and the adjusted rate applies to the immediately following FY. 5)Provides for a "true up" process to maintain revenue neutrality. Specifically, beginning with the rate adjustment calculated on or before March 1, 2012, the adjustment must also take into account the extent to which actual revenues derived resulted in a net revenue gain or loss for the FY ending prior to the rate adjustment date. SB 321 Page 3 This bill: 1)Provides, for the 2016-17 FY and each FY thereafter, the BOE shall, on or before March 1 of the FY immediately preceding the applicable FY, adjust the motor vehicle fuel excise tax rate so as to generate revenues equal to the amount of revenue loss attributable to the partial SUT exemption, based on estimates made by the BOE reflecting the combined average of the actual fuel price over the previous four FYs and the estimated fuel price for the current FY, and that rate shall be effective during the state's next FY. 2)Provides legislative intent that the amendments made by this bill shall not produce a net revenue gain in state taxes. Background In 2010, the Legislature enacted two "fuel tax swap" measures that changed the imposition and rates of state taxes on gasoline and diesel fuel, and required the BOE to annually determine the appropriate excise tax rate adjustments to maintain revenue neutrality (ABX8-6, Committee on Budget, Chapter 11) and (SB 70, Committee on Budget and Fiscal Review, Chapter 9). The gasoline tax changes became operative on July 1, 2010, and the diesel fuel tax changes on July 1, 2011. The fuel tax swap was partly enacted, to allow the use of additional existing transportation revenue for highway purposes, including General Obligation bond debt service, where that debt service was related to transportation projects. The swap bills exempted sales and purchases of gasoline from the state sales and use tax rate. To offset the revenue loss related to this partial exemption, the law increased the SB 321 Page 4 gasoline excise tax rate from $0.18 per gallon to $0.353 per gallon. Conversely, the measure reduced the diesel fuel excise tax rate from $0.18 to $0.13 per gallon, but increased the sales and use tax rate on diesel fuel sales to offset the loss related from the reduction, resulting in the following rates: 1.87%, effective July 1, 2011, 2.17%, effective July 1, 2012, 1.94%, effective July 1, 2013, 1.75%, effective July 1, 2014, and thereafter. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Assembly Appropriations Committee, the bill will result in minor and absorbable administrative costs to BOE and have an insignificant impact to state revenue. SUPPORT: (Verified9/10/15) American Public Works Association Associated General Contractors Bay Area Rapid Transit District Board of Equalization California Alliance for Jobs California Association of Councils of Government California State Association of Counties California State Council of Laborers California Transit Association California Transportation Commission City of Camarillo City of Crescent City City of Eureka City of Fountain Valley City of Glendale City Goleta City of Indian Wells City of Lakewood SB 321 Page 5 City of Livermore City of Lomita City of Moreno City of Rolling Hills Estates City of Roseville City of San Jose City of Saratoga City of West Hollywood City/County Association of Governments of San Mateo County County of Alpine County of Contra Costa County of Los Angeles County of Mono County of Monterey County of Santa Cruz Glendale City Employees Association Kern Council of Governments League of California Cities Metropolitan Transportation Commission Orange County Transportation Authority Organization of SMUD Employees Planning and Conservation League Rural County Representatives of California Sacramento Metropolitan Chamber of Commerce San Bernardino Public Employees Association San Diego Association of Governments (SANDAG) San Diego County Court Employees Association San Joaquin Valley Regional Transportation Planning Agencies San Luis Obispo Council of Governments San Luis Obispo County Employees Association Santa Clara Valley Transportation Authority Self-Help Counties Coalition Town of Los Altos Hills Transportation Agency for Monterey County Transportation Authority of Marin Transportation California United Contractors Urban Counties Caucus Ventura County Transportation Commission OPPOSITION: (Verified9/10/15 SB 321 Page 6 None received ARGUMENTS IN SUPPORT: According to the author, "Current law, known as the "gas tax swap", requires the BOE to annually adjust the state gasoline excise tax rate in order to collect roughly the same amount of revenue as the state would have collected if it still charged a sales tax on gasoline. The BOE does so by forecasting gasoline prices for the year. Difficulty in forecasting gas prices inevitably results in over- or under-collecting revenue and requires future adjustments to compensate for any discrepancy. That reconciliation leads to volatility and big swings in the amount of tax collected from year to year. This volatility is bad for taxpayers who experience big swings in prices at the pump, and for state and local governments, who face uncertainty when preparing multiyear budgets. SB 321 reduces this volatility by changing the way the BOE estimates gas prices. It requires BOE to base next year's gas price estimate on an average of the previous four years' actual prices (as opposed to its current one year model)." ASSEMBLY FLOOR: 80-0, 9/10/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins SB 321 Page 7 Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119 9/10/15 23:22:50 **** END ****