BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |SB 1394 |Hearing |4/13/16 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Hall |Tax Levy: |Yes | |----------+---------------------------------+-----------+---------| |Version: |3/28/16 |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Grinnell | |: | | ----------------------------------------------------------------- Private railroad car tax: valuation Changes the apportionment method for the private railroad car tax. Background Section One of Article XIII of the California Constitution provides that all property is taxable unless explicitly exempted by the Constitution or federal law. While locally elected county assessors establish a value for most real and personal property, Section 19 requires the Board of Equalization (BOE) to assess property owned by regulated railroads, except franchises, to the same extent and in the same manner as other property. However, owners of private rail cars that aren't owned by railroads pay the "Private Railroad Car Tax," a tax similar to the Vehicle License Fee as both are paid in-lieu of the property tax. The Private Railroad Car Tax is the only property tax that flows to the state's General Fund, where it generated approximately $9 million in 2015. Private rail cars either transport its owner's freight, or are leased to shippers. According to BOE, private rail cars are more specialized than general freight cars owned by railroads, and include oil tanks and refrigerated cars. Additionally, the private rail car industry is fairly concentrated: of 220 private rail car taxpayers, 20 companies control 90% of the market, and SB 1394 (Hall) 3/28/16 Page 2 of ? 10 companies control 80%. The tax base is the car's acquisition cost by class in the owner's fleet, minus depreciation at a maximum of 80% over 22 years for most cars in specified categories, 25 years for those that don't fit a specific category. Owners can also depreciate improvements they make to the car, known as "betterments." Because states are bound by federal law when imposing taxes on interstate commerce, the fleet value must be apportioned based on some measurement of its activities in California compared to its total activity. In this case, state law directs the value of the fleet to be apportioned by multiplying its value by a percentage equal to the average number of days it's physically present in the state in the last calendar year. The apportioned tax base is then multiplied by the tax rate, equal to the average property tax rate in the state, to calculate tax. Currently, BOE's information technology system for calculating the car-day count method for assessing the tax is nearing the end of its useful life. BOE would need to procure new software soon to continue to measure the tax under the current method. Additionally, BOE must pay around $13,000 per year to verify private rail car taxpayers' accounting of car days. BOE and the private railroad car industry want to change the method for measuring the tax to account for the miles travelled for each car instead of accounting for the average number of days that class of rail cars owned by the taxpayer is in service in California. Proposed Law Senate Bill 1394 changes the method of apportionment from the current system of car days spent in California per year, to an equally weighted average of car days and mileage for the 2017-18 fiscal year, and sets mileage as the exclusive apportionment factor for the 2018-19 fiscal year and thereafter. The measure also deletes references to the class of the car, as railroads do not report mileage by the class of the car. The bill also explicitly adds "additions and betterments" into the value of the car to substitute for the current definition of acquisition cost as "expenditures required to be capitalized by general accounting principles." SB 1394 (Hall) 3/28/16 Page 3 of ? State Revenue Impact According to BOE, SB 1394 results in revenue losses of $1.5 million in 2016-17, and $2.1 million annually thereafter. Comments 1. Purpose of the bill . According to the author, "The Ports of Los Angeles and Long Beach are responsible for moving approximately 7 million cargo containers in and out of the United States each year and represent close to 40% of the nation's imports. Private Railroad Cars (PRC) are the most widely used method to move goods from California's ports to consumers throughout California, the nation and the world. Current law imposes a property tax on PRCs operating on the state's railroads based on their time spent in California, not on the distance a PRC travels (as used in other states). The current calculation of PRC property tax relies heavily on an outdated data system and does not accurately reflect standardized modern assessments placed on cargo as it moves throughout the state. This system makes it more difficult to accurately report and collect assessments, increasing oversight costs to the State Board of Equalization (BOE) and PRC owners. SB 1394 modernizes the way the BOE collects assessments on PRCs from the number of days spent in the state to the number of miles traveled within the state. By using a mileage based assessment, BOE administration costs will be reduced and businesses will be able to use a consistent, reliable and standardized method to pay assessments just as they do in other states throughout the country." 2. Free ride ? SB 1394 simplifies the method for assessing the private railroad car tax, as BOE would need only to verify the mileage any car travelled instead of measuring the average days a class of cars spends in service in the state. Additionally, the bill eliminates BOE's need to replace old information technology, likely creating savings for the state. However, while the administrative cost savings are significant, the bill enacts a large tax cut for the private railcar industry as a whole. Instead, the measure could include an assessment factor SB 1394 (Hall) 3/28/16 Page 4 of ? or other provision that ensures that the state doesn't lose any revenue as a result of the method change. The Committee may wish to consider whether the change in the method of assessing the private railroad car tax should result in a net revenue loss, or whether some assessment factor is necessary to ensure revenue neutrality. 3. Not so fast . While antiquated and unique, there are some policy reasons to maintain the current system for apportioning the value of private rail cars for tax purposes. First, the current apportionment methodology accounts for the number of car days in the state, which measures the time a car spends idle, where public safety services are needed to protect it from vandalism. A mileage-based tax does not account for the costs necessary to fund these services. Additionally, the system which SB 1394 would replace allows a terminal state such as California to capture the value of the rail car's time spent unloading and loading cargo, whereas under a mileage based tax a car's value is entirely based on its time spent moving cargo. 4. Do it again . SB 1394 is similar to SB 357 (Hall), which the Committee approved unanimously last year, but was subsequently held on the Senate Appropriations Committee suspense file. SB 357 was largely identical to AB 2262 (Frazier, 2014), which the Committee also approved unanimously, but was also held in Senate Appropriations Committee's suspense file. Support and Opposition (4/7/16) Support : California Railroad Industry, California Taxpayers Association, Railway Supply Institute, TTX Company. Opposition : Unknown -- END -- SB 1394 (Hall) 3/28/16 Page 5 of ?