BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 311
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                       AB 311 (Ma) - As Amended:  May 4, 2009 

          Policy Committee:                              Revenue and  
          Taxation     Vote:                            7-1

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill extends, from 2010-11 to 2014-15, the application of  
          the current assessment methodology for determining the fair  
          market value of certificated aircraft owned by commercial air  
          carriers for property tax purposes.

           FISCAL EFFECT  

          1)The State Board of Equalization (BOE) estimates that this bill  
            will have no revenue impact since the existing valuation  
            methodology is a reasonable method for determining fair market  
            value of certificated aircraft and this bill simply extends  
            the application of this methodology.

          2)Major administrative savings to both county assessors and  
            airlines due to continued use of a standard assessment  
            methodology. 


           COMMENTS  

           1)Rationale  . This bill is sponsored by the California Assessors'  
            Association (CAA), who states that its purpose is to continue  
            operation of a successful centralized assessment procedure,  
            resulting in administrative efficiencies for both the air  
            carriers and the counties.

           2)Background  . Certificated aircraft used in commercial aviation  
            are subject to California's property tax. As personal  
            property, the aircraft are not subject to the valuation  
            limitations of Proposition 13. Hence, they must be valued each  








                                                                  AB 311
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            year. 

            Aircraft valuation was a contentious issue prior to 1998, as  
            no specific assessment methodology existed in California. In  
            1998, a group of counties and airline industry representatives  
            entered into a written settlement agreement to dispose of  
            outstanding litigation and appeals over the valuation of  
            certificated aircraft.  The settlement agreement created a new  
            unified assessment methodology for valuing aircraft that was  
            subsequently codified into law. The calculations were refined  
            in 2005 by a working group of industry and county  
            representatives, to apply more consistent standards for  
            aircraft valuation.

            The current valuation methodology has three key elements.  
            First is the selection of a lead county for the purpose of  
            valuing each carrier's fleet of aircraft. Second is the  
            determination by the lead county assessor of the total value  
            of the full fleet of each type of aircraft operated by the  
            carrier based on standard valuation methods. Third is the  
            transmission of total fleet value to assessors in each county  
            where the carrier operates, who then allocate a portion of the  
            total fleet value to their county based percentage of the  
            fleet's time spent in their county. The latter calculation is  
            based on a formula that takes into account the percentage of  
            the fleet's total landings occurring in the county and  
            information from the airlines flight schedule. 

           3)Opponents  . While most major airlines and the California  
            Assessors' Association support this bill, Southwest Airlines  
            is opposed to the measure, on the grounds that the specific  
            methods used to value aircraft per the 2005 settlement  
            agreement - specifically the reliance on the Airliner Price  
            Guide to determine fleet values - has led to unwarranted  
            increases in assessed values of its newer aircraft. 

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081