BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1422


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          Date of Hearing:  June 29, 2016 


                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE


                                  Mike Gatto, Chair


          SB  
          1422 (Glazer) - As Amended March 28, 2016


          SENATE VOTE:  36-0


          SUBJECT:  Public utilities and other service suppliers:   
          collection of local taxes


          SUMMARY: Clarifies that cable service providers are included in  
          the definition for other service providers, pursuant to existing  
          law, which limits the liabilities and responsibilities of public  
          utilities and other service providers collecting a utility user  
          tax. Specifically, this bill:


          1)Defines "other service supplier" to include, but not be  
            limited to, a holder of a state franchise for the provision of  
            video service, for the purposes of existing law which defines  
            the duties and liabilities for public utilities and other  
            service suppliers collecting a utility user tax (UUT).    


          2)Provides that this bill does not constitute a change in, but  
            is declaratory of existing law.  


          EXISTING LAW:   








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          1)Authorizes a city or county to levy a UUT on the consumption  
            of electricity, gas, water, sewer, telephone, telegraph, and  
            cable television services.  


          2)Provides, the following, for taxes enacted by a local  
            jurisdiction imposed on the customers of public utilities or  
            other services suppliers, where taxes are collected by the  
            public utilities and other service suppliers and remitted to  
            the local jurisdiction:


             a)   Prohibits the public utility or other service supplier  
               from having any duty to independently investigate or  
               inquire concerning the validity of a local jurisdiction's  
               tax ordinance;


             b)   Prohibits a public utility or other services supplier  
               from being liable to any customer as a consequence of  
               collecting a tax of an invalid tax ordinance;  


             c)   Requires, if a local jurisdiction is ordered to refund  
               the tax, that it be the sole responsibility of the local  
               jurisdiction, unless a public utility or other service  
               supplier is reimbursed for the cost, as specified; 


             d)   Prohibits a public utility or other service supplier  
               from being named as a defendant in any action challenging  
               the tax;  


             e)   Requires a local jurisdiction to notify the utility or  
               service supplier in writing, if it adopts a new tax, or  
               makes changes to an existing tax that would affect  








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               collection and remittance; and,


             f)   Grants a utility or service provider at least 90 days  
               after notification to begin collecting a new tax and at  
               least 60 days after notification to implement a change in  
               an existing tax.


          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  


          1)Author's Statement: According to the author, "This bill  
            clarifies the definition of 'other service supplier' to  
            include a cable or video service provider."     
          2)Utility User Tax (UUT): UUTs are excise taxes imposed by  
            cities and counties on the consumption of utility services,  
            including electricity, gas, water, sewer, telephone,  
            sanitation, and cable television.  Although a city or county  
            can impose a UUT as a special tax, generating revenues that  
            must be used for a specific purpose, nearly all UUTs are  
            imposed as general taxes, which allow revenues to be used for  
            any purpose.  In the 2014-15 fiscal year, 159 cities and three  
            counties reported collecting, in total, more than $2 billion  
            in UUT revenues.  In jurisdictions that impose a UUT, a  
            utility service provider collects the tax through the bills it  
            sends to utility customers and remits the revenues to the  
            local government that imposed the tax.


            In the statute establishing protections for public utilities  
            and other service providers that collect UTTs, the term "other  
            service providers" is not defined.  Some cable service  
            providers worry that the absence of a definition of "other  
            service providers" creates ambiguity that could allow current  








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            law to be misinterpreted as excluding cable operators from the  
            protections that apply to public utilities.  They want the  
            Legislature to amend state law to explicitly include cable  
            operators.


          3)Prior Legislation: 


            AB 3155 (Martinez), Chapter 939, Statutes of 1996: Created the  
            UTT liability protection for utilities and other service  
            providers. Legislative records indicate that it was the intent  
            of the Legislature to include cable providers within the  
            definition of other service providers. According the Assembly  
            Floor Analysis of AB 3155, AB 3155 was "sponsored by the  
            Telecommunications Energy Utility Roundtable, a consortium of  
            energy and telecommunications companies that were brought  
            together by Cal-Tax." The analysis also states that "investor  
            owned 'public' utilities and cable providers sponsored the  
            contents of [AB 3155]."


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Cable & Telecommunications Association (Sponsor)


          California Chamber of Commerce 


          California Taxpayers Association 










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          Opposition




          None on file. 




          Analysis Prepared by:Darion Johnston / U. & C. / (916)  
          319-2083