BILL ANALYSIS Ó SB 1416 Page 1 Date of Hearing: June 20, 2016 ASSEMBLY COMMITTEE ON REVENUE AND TAXATION Sebastian Ridley-Thomas, Chair SB 1416 (Stone) - As Amended June 15, 2016 Majority vote. Fiscal committee. SENATE VOTE: 37-0 SUBJECT: Voluntary contribution: Revive the Salton Sea Fund SUMMARY: Authorizes the addition of the Revive the Salton Sea Fund (Fund) as a voluntary contribution fund (VCF) on the personal income tax (PIT) return. Specifically, this bill: 1)Establishes the new Fund in the State Treasury. 2)Allows a deduction for any contribution made to the Fund. 3)Provides that all money transferred to the Fund, upon appropriation by the Legislature, shall be allocated as follows: SB 1416 Page 2 a) To the Franchise Tax Board (FTB) and the Controller for reimbursement of all costs incurred in administering the VCF; b) To the Natural Resources Agency for distribution of competitive grants to provide funds or supplement funding of state, county and local agencies, nonprofit organizations, and projects identified as necessary for the restoration and maintenance of the Salton Sea, including projects identified by the Salton Sea Authority; and, c) Up to 5% of the funds to the Natural Resources Agency for development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the Fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by city, county, or local agencies and programs, and whatever other activities are deemed necessary and appropriate to promote the Fund. 4)Provides that specified Fund moneys shall not be used for administrative costs. 5)Provides that money in the Fund shall not be used to supplant state General Fund money for any purpose. 6)Requires the Fund to meet a standard minimum contribution amount of $250,000 indexed for inflation in subsequent years. 7)Provides that the Fund's statutory provisions shall remain operative only until January 1 of the fifth taxable year following the Fund's first appearance on the PIT return. EXISTING LAW: SB 1416 Page 3 1)Allows taxpayers to contribute to one or more of 19 VCFs on the 2015 PIT return. 2)Provides a specific sunset date for each VCF, except for the California Seniors Special Fund and the State Parks Protection Fund. 3)Requires each VCF to meet an annual minimum contribution amount to remain in effect, except for the California Seniors Special Fund, the California Firefighters' Memorial Fund, and the California Peace Officer Memorial Foundation Fund. FISCAL EFFECT: The FTB estimates that this bill would reduce General Fund revenues by $8,000 beginning in fiscal year 2017-18. COMMENTS: 1)The author has provided the following statement in support of this bill: One of the most critical issues facing residents of Southern California and the 28th Senate District is the restoration of the Salton Sea. In May of 2015, Governor Brown created the Salton Sea Task Force to begin the important work of implementing the Salton Sea management plan, and create short and long term goals [to] protect the regional air quality and the natural resources at the Sea. SB 1416 is designed to complement the on-going work of the Task Force by creating the Revive the Salton Sea Fund, which would be a tax check-off [fund] found on one's State Income Tax Form. The money collected from the check-off SB 1416 Page 4 would be used to help fund the restoration and maintenance of the Salton Sea, and provide public awareness. 2)Committee staff comments: a) The Salton Sea : The Salton Sea, situated in Riverside and Imperial Counties, is California's largest lake with an area of 365 square miles. For thousands of years, the Colorado River washed sediment and flood waters into the Gulf of California, eventually creating a large sea known as Lake Cahuilla where the Salton Sea is now. Lake Cahuilla, in turn, flooded, receded, and evaporated many times throughout its history. The Salton Sea formed in 1904 when the Colorado River flooded into the dry Salton Trough. The Salton Sea has no outlet, causing minerals flowing into the lake to become concentrated. As a result, the Salton Sea's water is roughly 1.5 times saltier than ocean water. In compliance with a legal settlement on water known as the Quantitative Settlement Agreement, nearly a third of the inflow to the Salton Sea will bypass the region due to transfer of Colorado River water from regional agriculture to urban use in San Diego, beginning in 2017. There is considerable concern that this will result in the exposure of the lake's dusty shoreline causing a decrease in air quality. In addition, there is concern that the remaining lake will see an acceleration of salinity, causing a potential collapse of the lake's ecosystem. Currently, the lake is home to North America's largest population of migratory waterfowl outside the Everglades. b) What would this bill do ? This bill would establish the Fund as a new VCF on the PIT return. Moneys in the Fund would be allocated to the Natural Resources Agency for SB 1416 Page 5 distribution of competitive grants to state, county and local agencies, nonprofit organizations, and projects identified as necessary for the restoration and maintenance of the Salton Sea. c) So many causes, so little space : There are countless worthy causes that would benefit from the inclusion of a new VCF on the state's income tax returns. At the same time, space on the return is limited. Thus, it could be argued that the current system for adding VCFs to the form is subjective and essentially rewards causes that can convince the Legislature to include their fund on the form. REGISTERED SUPPORT / OPPOSITION: Support None on file Opposition None on file Analysis Prepared by:M. David Ruff / REV. & TAX. / (916) 319-2098 SB 1416 Page 6