BILL ANALYSIS Ó SB 767 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 767 (De León) - As Amended July 16, 2015 ----------------------------------------------------------------- |Policy |Local Government |Vote:|6 - 3 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Transportation | |12 - 2 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill deletes authority previously granted to the Los Angeles County Metropolitan Transportation Authority (MTA) to extend an existing 0.5% sales tax measure for transportation (Measure R) by 30 years, and instead authorizes MTA to impose, SB 767 Page 2 by ordinance and subject to 2/3 voter approval, an additional sales and use tax in Los Angeles County for a period to be determined by MTA at a rate that, when combined with Measure R, shall not exceed 1%. FISCAL EFFECT: Negligible state fiscal impact. According to the State Board of Equalization (BOE) a new 0.5% district tax in LA County would raise approximately $8 million in the first full year of implementation. COMMENTS: 1)Purpose. In Los Angeles, Measure R was approved by a majority of the voters in November of 2008 and enacted a 0.5% sales tax increase, in addition to the two 0.5% sales tax measures already in place. The Measure R sales tax increase, effective for 30 years, finances transportation projects and programs, and accelerates those that were already in the pipeline. The author believes that, although Measure R is drastically changing transportation in Los Angeles, further investment is necessary. SB 767 will provide Los Angeles County voters with the opportunity to approve an additional sales tax for transportation and will allow MTA to further expand its transit systems, address key highway needs around the county, support local agency transportation programs, and improve the Metrolink service. 2)Background. The transactions and Use Tax Law authorizes the adoption of local add-on rates to the combined state and local sales tax rate. The law has been amended multiple times to SB 767 Page 3 authorize specific cities, counties, special districts, and county transportation authorities to impose a sales tax, subject to two-thirds voter approval. Existing law caps the combined rate of all sales taxes in a county at 2%, but provides several exemptions to the cap, including allowing an additional sales tax for transportation purposes in several counties. According to the BOE, Los Angeles County has 14 sales taxes, including three county-wide taxes for transportation purposes and 11 city-wide taxes. Despite the statutory exemption for Measure R, the County has reached the 2% cap. Measure R, in addition to Measure C (1990) and Proposition A (1980), which were both imposed indefinitely, are the three one-half cent county-wide sales taxes that provide the majority of MTA's funding. 3)Related Legislation. a) AB 338 (Hernández), pending in the Senate Transportation Committee, also authorizes MTA to impose an additional county wide 0.5% transactions and use tax, but is not identical to this bill. b) AB 464 (Mullin), on the Governor's Desk raises the county transactions and use tax rate cap from 2% to 3% statewide. 1)Prior Legislation: a) SB 1037 (Hernández), Chapter 196, Statutes of 2014, SB 767 Page 4 required MTA to update its expenditure plan and Long Range Transportation Plan before placing another sales tax measure before the voters. b) AB 1446 (Feuer), Chapter 806, Statutes of 2012, authorized MTA, subject to voter approval, to extend the existing sales tax (Measure R) indefinitely. AB 1446 also required MTA to update its expenditure plan prior to submitting the tax measure to the voters. The measure was put before Los Angeles County voters in November 2012 but failed to achieve the two-thirds threshold necessary for passage. c) AB 2321 (Feuer), Chapter 302, Statutes of 2008, authorized MTA to impose, subject to voter approval, a 0.5% sales tax for 30 years and required MTA to include specified projects and programs in its long-range transportation plan. In November of 2008, more than 67% of Los Angeles County voters approved this tax in a ballot measure known as Measure R. d) SB 314 (Murray), Chapter 785, Statutes of 2003, originally enacted provisions that authorized MTA to impose, subject to voter approval, a 0.5% sales tax for no more than six and one-half years for specific transportation projects and programs. That sales tax was never imposed. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081 SB 767 Page 5