BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1099|
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                                 THIRD READING


          Bill No:  AB 1099
          Author:   Leno (D)
          Amended:  5/26/05 in Assembly
          Vote:     21

           
           SENATE REVENUE & TAXATION COMMITTEE  :  7-0, 6/22/05
          AYES:  Machado, Dutton, Alquist, Cedillo, Poochigian,  
            Runner, Scott
          NO VOTE RECORDED:  Bowen
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  79-0, 5/31/05 - See last page for vote


           SUBJECT  :    Property tax:  exclusion from new construction:  
           active solar
                      energy systems

           SOURCE  :     PV Manufacturers Alliance


           DIGEST  :    This bill extends the sunset date for the  
          exclusion of an active solar energy system from the  
          definition of new construction for property tax purposes.   
          This bill extends the exclusion to include fiscal years  
          2008-09, repeals the exclusion as of January 1, 2010, and  
          requires no appropriation to reimburse local governments  
          for any loss of property tax revenues.

           ANALYSIS  :    The California Constitution generally limits  
          ad valorem taxes on real property to one percent of the  
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          full cash value of that property. For purposes of this  
          limitation, "full cash value" is defined as the assessor's  
          valuation of real property as shown on the 1975-76 tax bill  
          under "full cash value" or, thereafter, the appraised value  
          of that real property when purchased, newly constructed, or  
          a change in ownership has occurred.   Pursuant to authority  
          granted to the Legislature in the California Constitution,  
          existing law excludes, for the 1999-2000 fiscal year to the  
          2004-05 fiscal year, inclusive, from the definition of  
          "newly constructed" the construction or addition of an  
          active solar energy system, as defined.

          This bill specifies that this exclusion for the  
          construction or addition of an active solar energy system  
          applies from the 1999-2000 fiscal year to the 2008-09  
          fiscal year, inclusive.

           Comments
           
          The author states, "Solar energy use diversifies  
          California's energy portfolio with zero-emission renewable  
          energy while reducing the overall demand, and therefore  
          price, of natural gas and electricity."  The author asserts  
          that incentives such as the property tax exemption  
          encourage consumers to use solar energy systems, which in  
          turn will help California's environment and reduce reliance  
          by the state on out-of-state energy resources. 

          Proponents of this bill cite the numerous benefits of solar  
          energy to California and state that it is important to not  
          penalize property owners for making an investment in solar  
          energy production.  Further, proponents state that consumer  
           incentives such as the property tax exemption help  
          consumers make the financial decision to install solar  
          systems on their homes. 

           Pending legislation  .  SB 1017 (Campbell), introduced in the  
          current legislative session, extends the sunset date of the  
          property tax exemption until January 1, 2018 for active  
          solar energy systems installed after January 1, 1999.  SB  
          1017 also extends an existing personal income and  
          corporation tax credit related to the costs of solar  
          systems until taxable years beginning before January 1,  
          2017.  The bill is pending in the Senate Revenue and  







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          Taxation Committee.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  7/11/05)

          PV Manufacturers Alliance (source)
          California Solar Energy Industries Association
          Sacramento Municipal Utilities District


           ASSEMBLY FLOOR  : 
          AYES:  Aghazarian, Arambula, Baca, Bass, Benoit, Berg,  
            Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,  
            Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,  
            DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,  
            Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley  
            Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,  
            Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,  
            Lieber, Liu, Matthews, Maze, McCarthy, Montanez,  
            Mountjoy, Mullin, Nakanishi, Nation, Nava, Negrete  
            McLeod, Niello, Oropeza, Parra, Pavley, Plescia, Richman,  
            Ridley-Thomas, Sharon Runner, Ruskin, Saldana, Salinas,  
            Spitzer, Strickland, Torrico, Tran, Umberg, Vargas,  
            Villines, Walters, Wolk, Wyland, Yee, Nunez
          NO VOTE RECORDED:  Gordon


          DLW:mel  7/11/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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