BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2262
                                                                  Page  1

          Date of Hearing:   May 7, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 2262 (Frazier) - As Amended:  April 1, 2014

          Policy Committee:                              Revenue &  
          Taxation     Vote:                            8-1

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

           SUMMARY  

          This bill changes the method of calculating the property tax on  
          private railroad cars (PRRCs) from calendar days in California  
          to miles traveled, values the PRRCs based on the owners'  
          acquisition costs, including additions and improvements, and  
          eliminates the accelerated depreciation provided to owners who  
          purchase used PRRCs.

           FISCAL EFFECT  

          1)Potentially significant impact to the Board of Equalization's  
            (BOE) administrative costs, more than offset by cancelling its  
            $13,000 annual current railroad car registration subscription  
            and avoiding the cost to replace current car-day counting  
            software, which the BOE estimates would cost approximately  
            $500,000.

          2)Decrease in revenue of between $1.16 million and $1.20 million  
            from switching to miles travelled basis for computing tax. 

           COMMENTS  

          1)  Purpose.   According to the author, this bill converts the way  
            physical presence of PRRCs is measured from the days spent in  
            California to the miles traveled in California.  The author  
            claims a mileage-based system is less complex and less  
            expensive for car owners to administer and conforms to the way  
            other states that impose PPRC tax measure presence.  The  
            bill's sponsor, the BOE, claims a mileage-based system is less  
            costly for it to administer and will result in avoiding a  
            one-time cost of approximately $500,000 to replace its aging  








                                                                  AB 2262
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            car-day counting software.

          2)  Car Days vs Miles Traveled.   Proponents for a mileage-based  
            system argue that switching to miles traveled is a better  
            measure of a PRRC's value because the economic benefit of the  
            rail car is derived from the movement of cargo from one  
            location to another.  Under California's current car days  
            taxation system, a PRRC is taxed while standing idle awaiting  
            cargo onload or offload.  The economic argument in favor of a  
            mileage-based system assumes value is gained only while the  
            rail car is traveling, and does not account for any value  
            gained while the rail car is being loaded or unloaded.  That  
            argument is less persuasive in a terminal state like  
            California, where rail cars are frequently left idle waiting  
            to load and unload cargo.

          3)  Changes to Valuation and Depreciation.   Current law prescribes  
            six different classes of PRRCs for purposes of valuation,  
            which forms the basis of the assessed tax.  This bill would  
            reduce that to two classes; one with a 22-year and one with a  
            25-year depreciation life.

            This bill modifies the depreciation schedule for used PRRCs.   
            Under current law, a purchaser of a used PRRC may continue  
            with the depreciation schedule that runs from the day the car  
            was built.  For example, the purchaser of a 10-year-old car  
            with a depreciation life of 22 years may depreciate the  
            purchase price over the remaining 12 years.  This bill  
            eliminates the accelerated depreciation for used PRRCs and  
            instead requires that they be depreciated in the same manner  
            as new PRRCs.

            The bill also modifies the depreciation schedule for additions  
            and improvements to PRRCs.  Current law allows an owner that  
            makes an improvement to a PRRC to depreciate the value of that  
            improvement as if it were part of the PRRC when the car was  
            first built.  For example, an owner that installs a  
            refrigeration system on an 11-year-old PRRC with a 22-year  
            depreciation life may immediately depreciate half the value of  
            the refrigeration system.  This bill requires PRRC owners to  
            depreciate additions and improvements on a straight line basis  
            over the remaining depreciable life of the car.

          4)  Administrative Benefits.   According to supporters and the  
            sponsor, this bill will result in significant administrative  








                                                                  AB 2262
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            efficiency gains and savings for both PRRC owners and the BOE.  
             A mileage-based system conforms to the manner in which the  
            rest of North America imposes PRRC taxes, making compliance  
            easier for owners.  The BOE asserts a mileage-based system is  
            less complex and less costly overall for it to administer, and  
            will eliminate the need to continue the current $13,000 annual  
            railroad car registration subscription to verify the days rail  
            cars are present.

            The reduction in car classes for valuation purposes and the  
            changes to the depreciation methodology will also result in  
            administrative benefits by reducing the amount of reporting  
            required from PRRC owners from 500 lines of data to a maximum  
            of 38 lines of data, and will conform that data to the type  
            PRRC owners already report to other tax authorities.


           Analysis Prepared by  :    Joel Tashjian / APPR. / (916) 319-2081