BILL ANALYSIS                                                                                                                                                                                                    Ó



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

                              
          
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          |Bill No:  |SB 1394                          |Hearing    |4/13/16  |
          |          |                                 |Date:      |         |
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          |Author:   |Hall                             |Tax Levy:  |Yes      |
          |----------+---------------------------------+-----------+---------|
          |Version:  |3/28/16                          |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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                         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  







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          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." 








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           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  








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          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



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