Bill Text: CA AB176 | 2019-2020 | Regular Session | Amended
Bill Title: California Alternative Energy and Advanced Transportation Financing Authority: sales and use taxes: exclusions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-09 - Chaptered by Secretary of State - Chapter 672, Statutes of 2019. [AB176 Detail]
Download: California-2019-AB176-Amended.html
Amended
IN
Senate
June 12, 2019 |
Amended
IN
Assembly
April 12, 2019 |
Amended
IN
Assembly
February 25, 2019 |
Assembly Bill | No. 176 |
Introduced by Assembly Member Cervantes |
January 09, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
The Sales and Use Tax Law imposes taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial
exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for purchases not exceeding $200,000,000, for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified; qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development, as provided; qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property, as provided; and qualified tangible personal property purchased by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of specified processes. Existing law, on and after January 1,
2018, and before July 1, 2030, additionally exempts from those taxes the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, as defined, or storage and distribution, as defined, of electric power.
This bill would require the authority, before July 1, 2020, to submit to the Legislature a report responding to the report of the Legislative Analyst’s Office regarding the sales and use tax exclusion program and would require the report to, among other things, address potential program overlap between the sales and use tax exclusion administered by the authority and the sale and use tax exemption administered by the California Department of Tax and Fee Administration.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 26011.8 of the Public Resources Code is amended to read:26011.8.
(a) The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or reductions in air and water pollution or energy consumption. In furtherance of this purpose, the authority may approve a project for financial assistance in the form of the sales and use tax exclusion established in Section 6010.8 of the Revenue and Taxation Code.SEC. 2.
This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.(a)Before July 1, 2020, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, a report that responds to the report prepared by the Legislative Analyst’s Office pursuant to subdivision (g) of Section 26011.8. The report shall, among other items, do both of the following:
(1)Address potential program overlap between the sales and use tax exclusion pursuant to Section 26011.8 and the sales and use tax exemption pursuant to Section 6377.1 of the Revenue and Taxation Code.
(2)Make recommendations on program changes to the sales and use tax exclusion pursuant to Section 26011.8 that would streamline the application and approval
process.
(b)Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed.