BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 321|
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                                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  








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          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.








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          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  








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          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








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          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








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          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









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           Prepared by:Myriam Bouaziz / GOV. & F. / (916) 651-4119
          9/10/15 23:22:50


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