BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 578                           |Hearing    |5/6/15   |
          |          |                                 |Date:      |         |
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          |Author:   |Block                            |Tax Levy:  |Yes      |
          |----------+---------------------------------+-----------+---------|
          |Version:  |4/13/15                          |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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           INCOME AND CORPORATION TAXES: CREDIT: ELECTRIC VEHICLE CHARGING  
                                      STATIONS 



          Enacts a tax credit for firms to purchase electric vehicle  
          charging stations.


           Background and Existing Law

           California law allows various income tax credits, deductions,  
          sales and use tax exemptions to provide incentives to compensate  
          taxpayers that incur certain expenses, such as child adoption,  
          or to influence behavior, including business practices and  
          decisions, such as research and development credits.  The  
          Legislature typically enacts such tax incentives to encourage  
          taxpayers to do something that but for the tax credit, they  
          would not do.  The Department of Finance is required to annually  
          publish a list of tax expenditures, currently totaling around  
          $51 billion per year.

          As an alternative to gasoline-based vehicles, California has the  
          most electric vehicles, and the charging stations necessary to  
          fuel them, than any other state in the nation.  Both have grown  
          significantly in recent years, which news reports attribute to  
          California's mandate to require automakers to manufacture zero  
          emission vehicles (ZEVs).  According to PlugShare, California  
          has 6,597 public Level 2 electric vehicle charging stations, and  
          652 DC fast-charging stations as of March, 2015, about four  







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          times as many as any other state.  Among the more advanced DC  
          charging stations, there are three competing standards for quick  
          charging electric cars: the Japanese-designed CHAdeMO system  
          favored by Nissan, Mitsubishi and Kia; Tesla's proprietary  
          Supercharger standard currently only used by Tesla's own plug-in  
          cars; and the Combined Charging System (CCS), a standard  
          supported by a total of seven different U.S. and European  
          automakers which was designed to be the new de facto standard  
          for all North American and European electric cars.  


           Proposed Law

           Senate Bill 578 enacts tax credits under the Personal Income Tax  
          and Corporation Tax Law equal to 30% of the cost for taxpayers  
          purchasing any Level 2 or direct current fast charging electric  
          vehicle station.  The charging station must be placed in service  
          on or after January 1, 2016, and must be depreciable, thereby  
          limiting the credit to business taxpayers.  The credit cannot  
          exceed $30,000 per year.






           State Revenue Impact

           Pending.


           Comments

           1.  Purpose of the bill  .  According to the author, "SB 578  
          provides businesses a non-refundable tax credit of 30% of the  
          cost of purchasing electric vehicle charging stations, up to  
          $30,000.   The credit applies to level 2 and direct current fast  
          chargers.  In 2014, California set a goal of placing at least 1  
          million zero emission and near zero emission vehicles on the  
          road by January 1, 2023.  While many incentives exist for the  
          purchase of electric vehicles (EVs), the state does not provide  
          the same incentives to ensure the infrastructure needed to  
          charge those vehicles.  A May 2013 study by the Center for  
          Sustainable Energy California found that 77% of the electric  








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          vehicle owners surveyed expressed dissatisfaction with the  
          public charging infrastructure.  The study additionally found  
          that only 37% of respondents had access to workplace charging.  
          The ability to charge at work can potentially double the portion  
          of an EV drivers' commute that is fueled only by electricity and  
          help reduce "range anxiety" among existing and potential EV  
          owners.  SB 578 encourages businesses to help meet the  
          increasing demand for electric vehicle charging stations by  
          providing employers with tax credits; this helps employers,  
          employees, our green economy and the state's environment.   
          Ensuring  access to publically accessible charging stations   
          will help motivate Californians to purchase electric vehicles,  
          thus helping to meet the state's goal of 1 million zero emission  
          vehicles while reducing  greenhouse gas emissions."               
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                              

          2.   Sure, but will it work  ?  Tax benefits directed at specific  
          industries do two things:  First, they reward behavior that  
          would have occurred without the subsidy, so-called "deadweight  
          loss."  Some firms will install electric vehicle charging  
          stations without a tax credit.  In these instances, the state  
          receives no marginal benefit, and transfers wealth from purposes  
          it would otherwise spend money on for government purposes to the  
          firm.  Second, the bill may lead to more charging stations in  
          California that wouldn't have without the credit, giving owners  
          of electric vehicles more access to recharging stations, and  
          potentially pushing more consumers to buy electric vehicles  
          instead of those that burn fossil fuels.  A successful tax  
          credit would lead to more electric vehicle charging stations at  
          the margin than its deadweight loss, but no tax credit has yet  
          conclusively demonstrated that its benefits outweigh its costs.   
          News reports indicate significant growth in electric vehicle  
          chargers in the last year, which begs question of whether a  
          government subsidy in the form of a tax credit is necessary when  
          the market is already working well.  Additionally, electric  








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          vehicle charging firms already market charging stations to  
          businesses as a way of drawing more customers, further  
          indicating that a functioning market exists.  The Committee may  
          wish to consider the effectiveness of a tax credit on a market  
          that appears to be growing.

          3.   Options  .  SB 578 currently enacts a tax credit for any firm  
          installing either a Level 2 or newer DC fast chargers.  However,  
          if the Committee wanted to more specifically tailor the credit,  
          or pursue more efficient alternatives, it could amend SB 578 to:

                 Limit the credit only to small business under a  
               specified threshold of annual gross receipts.  

                 Provide the credit only for more costly, but quicker  
               charging, DC stations.  

                 Limit the credit to original returns, or  

                 Change the bill into a rebate program or a sales tax  
               exemption, thereby providing a direct discount at the time  
               of purchase, which is usually a more direct and efficient  
               incentive than tax credits, which can only be monetized by  
               firms with net income in the current taxable year.     

          4.   More to know  ?  Last year, the Legislature enacted SB 1335  
          (Leno), which required introduced legislative bills enacting tax  
          credits to contain:

                 Specific goals, purposes, and objectives that the tax  
               credit will achieve.

                 Detailed performance indicators for the Legislature to  
               use when measuring whether the tax credit met its specific  
               goals, purposes, and objectives.

                 Data collection requirements to enable the Legislature  
               to determine whether the tax credit is meeting, failing to  
               meet, or exceeding its goals, purposes, and objectives.   
               The requirements shall include specific data and baseline  
               data to be collected and remitted in each year the credit  
               is effective, and the specific taxpayers, state agencies,  
               or other entities required to collect and remit data.









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          SB 578 enacts its tax credit without specifying these items,  
          compelling no reporting of information to determine whether the  
          measure is effective.  The Committee may wish to consider  
          whether SB 578 should include provisions called for by SB 1335.

          5.   Checklist  .  Eagle Lodge West is annual gathering of  
          professional tax attorneys, FTB and Board of Equalization  
          attorneys and legislative tax staff intended to foster dialogue  
          and discussion on difficult tax issues.  Last year, a part of  
          the conference drafted a checklist called "general  
          considerations for drafting credit statutes," which attempts to  
          focus on more technical aspects of tax credits important for  
          implementation and to prevent the need for subsequent clean-up  
          bills.  While SB 578 includes many items on the checklist, the  
          measure doesn't speak to:

                 Carryover period,

                 Documentation requirements,

                 FTB regulations necessary to implement the credit,

                 A mechanism to reclaim, or "claw back," the credit in  
               case the business who claims it subsequently sells the  
               charger or moves it out of state,

                 Rules for pass-through entities like Limited Liability  
               Companies or "S" Corporations,

                 Denial of business expense deduction for the same costs  
               that generate the credit,

                 Ability to reduce regular tax below tentative minimum  
               tax.

          6.   Sunset  ? California tax law contains many specific provisions  
          for specified groups or individuals, and the Legislature can  
          generally enact them by majority vote of both houses; however,  
          should a future Legislature wish to limit or repeal any of these  
          laws, Section Three of Article XIIIA of the California  
          Constitution generally requires a 2/3 vote.  One way to compel  
          an assessment in the future of SB 578's effects is to insert a  
          sunset provision, which repeals the law at a specified future  
          date.  Those seeking to extend the law will have to convince a  








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          future Legislature to extend the provision using information  
          gathered during the bill's effective period.  The Committee may  
          wish to consider inserting a sunset provision into SB 578.





           Support and Opposition  
            


           Support  :  Building Owners and Managers Association; California  
          Apartment Association; California Building Industry Association;  
          California Business Properties Association; California Chamber  
          of Commerce; California Grocers Association; California  
          Retailers Association; Commercial Real Estate Development  
          Association, NAIOP of California; International Council of  
          Shopping Center.


           Opposition  :  Unknown.



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