AB 199: Alternative energy: recycled feedstock.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-11
Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial assistance for projects that promote the use of alternative energies. Existing law, until January 1, 2021, authorizes the authority to approve a project for financial assistance in the form of a sales and use tax exclusion. Existing law prohibits the authority from granting sales and use tax exclusions that exceed $100,000,000 for each calendar year.
This bill would expand projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock, but would not include a project that processes or utilizes recycled feedstock in a manner that constitutes disposal.
This bill would incorporate additional changes to Sections 26003 and 26011.8 of the Public Resources Code proposed by AB 1269 that would become operative only if this bill and AB 1269 are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial assistance for projects that promote the use of alternative energies. Existing law, until January 1, 2021, authorizes the authority to approve a project for financial assistance in the form of a sales and use tax exclusion. Existing law prohibits the authority from granting sales and use tax exclusions that exceed $100,000,000 for each calendar year.
This bill would expand projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock, but would not include a project that processes or utilizes recycled feedstock in a manner that constitutes disposal.
This bill would incorporate additional changes to Sections 26003 and 26011.8 of the Public Resources Code proposed by AB 1269 that would become operative only if this bill and AB 1269 are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial assistance for projects that promote the use of alternative energies. Existing law, until January 1, 2021, authorizes the authority to approve a project for financial assistance in the form of a sales and use tax exclusion. Existing law prohibits the authority from granting sales and use tax exclusions that exceed $100,000,000 for each calendar year.
This bill would expand projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock, but would not include a project that processes or utilizes recycled feedstock in a manner that constitutes disposal.
This bill would incorporate additional changes to Sections 26003 and 26011.8 of the Public Resources Code proposed by AB 1269 that would become operative only if this bill and AB 1269 are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial assistance for projects that promote the use of alternative energies. Existing law, until January 1, 2021, authorizes the authority to approve a project for financial assistance in the form of a sales and use tax exclusion. Existing law prohibits the authority from granting sales and use tax exclusions that exceed $100,000,000 for each calendar year.
This bill would expand projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock, but would not include a project that processes or utilizes recycled feedstock in a manner that constitutes disposal.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial assistance for projects that promote the use of alternative energies. Existing law, until January 1, 2021, authorizes the authority to approve a project for financial assistance in the form of a sales and use tax exclusion. Existing law prohibits the authority from granting sales and use tax exclusions that exceed $100,000,000 for each calendar year.
This bill would expand projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock, but would not include a project that processes or utilizes recycled feedstock in a manner that constitutes disposal.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial assistance for projects that promote the use of alternative energies. Existing law, until January 1, 2021, authorizes the authority to approve a project for financial assistance in the form of a sales and use tax exclusion. Existing law prohibits the authority from granting sales and use tax exclusions that exceed $100,000,000 for each calendar year.
This bill would expand projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock, but would not include a project that processes or utilizes recycled feedstock in a manner that constitutes disposal.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial assistance for projects that promote the use of alternative energies. Existing law, until January 1, 2021, authorizes the authority to approve a project for financial assistance in the form of a sales and use tax exclusion. Existing law prohibits the authority from granting sales and use tax exclusions that exceed $100,000,000 for each calendar year.
This bill would expand projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock, but would not include a project that processes or utilizes recycled feedstock in a manner that constitutes disposal.
This bill would declare that it is to take effect immediately as an urgency statute.
(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 1.5.Section 26003 of the Public Resources Code, as amended by Section 1 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 2.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(8)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on July 1, 2016.
SEC. 2.5.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(8)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on January 1, 2021.
SEC. 3.Section 26011.8 of the Public Resources Code, as amended by Section 3 of Chapter 540 of the Statutes of 2013, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized.
(5)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)(1)The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study.
(2)Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the programs efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analysts Office in preparing the report and its recommendations.
(j)(1)Except as provided in paragraph (2), this section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. The sale or purchase of tangible personal property of a project approved before June 30, 2016, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
(2)Notwithstanding paragraph (1), the authoritys obligation to submit to the Legislature a report pursuant to paragraph (2) of subdivision (i) shall remain operative until the submission of the report.
SEC. 3.5.Section 26011.8 of the Public Resources Code, as amended by Section 3 of Chapter 540 of the Statutes of 2013, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized.
(5)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)(1)The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study.
(2)Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the programs efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analysts Office in preparing the report and its recommendations.
(j)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends that date. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
SEC. 4.Section 26011.8 of the Public Resources Code, as amended by Section 4 of Chapter 540 of the Statutes of 2013, is amended to read:26011.8.(a)The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced transportation technologies or alternative source products, components, or systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon a net benefits test that includes all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project as defined in paragraph (7) of subdivision (a) of Section 26003 approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)The authority shall make every effort to expedite the operation of this section, and shall adopt regulations for purposes of implementing the section as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of that act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare.
(j)This section shall become operative on July 1, 2016, and shall remain in effect only until January 1, 2021, and as of that date is repealed. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
SEC. 4.5.Section 26011.8 of the Public Resources Code, as amended by Section 4 of Chapter 540 of the Statutes of 2013, is repealed.SEC. 5.(a)Sections 1.5 and 2.5 of this bill incorporate amendments to Section 26003 of the Public Resources Code proposed by both this bill and AB 1269. Sections 1.5 and 2.5 shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, but this bill becomes operative first, (2) each bill amends Section 26003 of the Public Resources Code, and (3) this bill is enacted after AB 1269, in which case Section 26003 of the Public Resources Code, as amended by Sections 1 and 2 of this bill, shall remain operative only until the operative date of AB 1269, at which time Sections 1.5 and 2.5 of this bill shall become operative.
(b)Sections 3.5 and 4.5 of this bill incorporate amendments to Section 26011.8 of the Public Resources Code proposed by both this bill and AB 1269. Sections 3.5 and 4.5 shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, but this bill becomes operative first, (2) each bill amends Section 26011.8 of the Public Resources Code, and (3) this bill is enacted after AB 1269, in which case Section 26011.8 of the Public Resources Code, as amended by Section 3 and 4 of this bill, shall remain operative only until the operative date of AB 1269, at which time Section 3.5 and 4.5 of this bill shall become operative.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide incentives for the development of projects that process or utilize recycled feedstock for the protection of the public health and environment, it is necessary for this act to take effect immediately.
(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 1.5.Section 26003 of the Public Resources Code, as amended by Section 1 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 2.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(8)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on July 1, 2016.
SEC. 2.5.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(8)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on January 1, 2021.
SEC. 3.Section 26011.8 of the Public Resources Code, as amended by Section 3 of Chapter 540 of the Statutes of 2013, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized.
(5)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)(1)The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study.
(2)Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the programs efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analysts Office in preparing the report and its recommendations.
(j)(1)Except as provided in paragraph (2), this section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. The sale or purchase of tangible personal property of a project approved before June 30, 2016, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
(2)Notwithstanding paragraph (1), the authoritys obligation to submit to the Legislature a report pursuant to paragraph (2) of subdivision (i) shall remain operative until the submission of the report.
SEC. 3.5.Section 26011.8 of the Public Resources Code, as amended by Section 3 of Chapter 540 of the Statutes of 2013, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized.
(5)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)(1)The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study.
(2)Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the programs efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analysts Office in preparing the report and its recommendations.
(j)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends that date. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
SEC. 4.Section 26011.8 of the Public Resources Code, as amended by Section 4 of Chapter 540 of the Statutes of 2013, is amended to read:26011.8.(a)The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced transportation technologies or alternative source products, components, or systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon a net benefits test that includes all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project as defined in paragraph (7) of subdivision (a) of Section 26003 approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)The authority shall make every effort to expedite the operation of this section, and shall adopt regulations for purposes of implementing the section as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of that act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare.
(j)This section shall become operative on July 1, 2016, and shall remain in effect only until January 1, 2021, and as of that date is repealed. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
SEC. 4.5.Section 26011.8 of the Public Resources Code, as amended by Section 4 of Chapter 540 of the Statutes of 2013, is repealed.SEC. 5.(a)Sections 1.5 and 2.5 of this bill incorporate amendments to Section 26003 of the Public Resources Code proposed by both this bill and AB 1269. Sections 1.5 and 2.5 shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, but this bill becomes operative first, (2) each bill amends Section 26003 of the Public Resources Code, and (3) this bill is enacted after AB 1269, in which case Section 26003 of the Public Resources Code, as amended by Sections 1 and 2 of this bill, shall remain operative only until the operative date of AB 1269, at which time Sections 1.5 and 2.5 of this bill shall become operative.
(b)Sections 3.5 and 4.5 of this bill incorporate amendments to Section 26011.8 of the Public Resources Code proposed by both this bill and AB 1269. Sections 3.5 and 4.5 shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, but this bill becomes operative first, (2) each bill amends Section 26011.8 of the Public Resources Code, and (3) this bill is enacted after AB 1269, in which case Section 26011.8 of the Public Resources Code, as amended by Section 3 and 4 of this bill, shall remain operative only until the operative date of AB 1269, at which time Section 3.5 and 4.5 of this bill shall become operative.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide incentives for the development of projects that process or utilize recycled feedstock for the protection of the public health and environment, it is necessary for this act to take effect immediately.
(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 1.5.Section 26003 of the Public Resources Code, as amended by Section 1 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incident incidental to determining the feasibility of constructing any project or incident incidental to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, means tangible personal property that is utilized in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems. is defined in Section 26011.8.
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that becomes operative on or is enacted before January 1, 2017, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. that date.
SEC. 2.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incidental to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(8)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on July 1, 2016.
SEC. 2.5.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incident incidental to determining the feasibility of constructing any project or incident incidental to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, means tangible personal property that is utilized in the state for the design, manufacture, production, or assembly of advanced transportation technologies or alternative source products, components, or systems. is defined in Section 26011.8.
(8)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on July January 1, 2016. 2021.
SEC. 3.Section 26011.8 of the Public Resources Code, as amended by Section 3 of Chapter 540 of the Statutes of 2013, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized.
(5)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)(1)The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study.
(2)Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the programs efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analysts Office in preparing the report and its recommendations.
(j)(1)Except as provided in paragraph (2), this section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. The sale or purchase of tangible personal property of a project approved before June 30, 2016, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
(2)Notwithstanding paragraph (1), the authoritys obligation to submit to the Legislature a report pursuant to paragraph (2) of subdivision (i) shall remain operative until the submission of the report.
SEC. 3.5.Section 26011.8 of the Public Resources Code, as amended by Section 3 of Chapter 540 of the Statutes of 2013, 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.
(b)For purposes of this section, the following terms have the following meanings:
(b)
(1)For purposes of this section, project means a project Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems, as defined in subparagraph (B) of paragraph (8) of subdivision (a) of Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized.
(5)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)(1)The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study.
(2)Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the programs efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analysts Office in preparing the report and its recommendations.
(j)(1)Except as provided in paragraph (2), this section shall become inoperative on July 1, 2016, and, as of January 1, 2017, This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. that date. The sale or purchase of tangible personal property of a project approved before June 30, 2016, January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
(2)Notwithstanding paragraph (1), the authoritys obligation to submit to the Legislature a report pursuant to paragraph (2) of subdivision (i) shall remain operative until the submission of the report.
SEC. 4.Section 26011.8 of the Public Resources Code, as amended by Section 4 of Chapter 540 of the Statutes of 2013, is amended to read:26011.8.(a)The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced transportation technologies or alternative source products, components, or systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon a net benefits test that includes all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project as defined in paragraph (7) of subdivision (a) of Section 26003 approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)The authority shall make every effort to expedite the operation of this section, and shall adopt regulations for purposes of implementing the section as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of that act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare.
(j)This section shall become operative on July 1, 2016, and shall remain in effect only until January 1, 2021, and as of that date is repealed. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
SEC. 4.5.Section 26011.8 of the Public Resources Code, as amended by Section 4 of Chapter 540 of the Statutes of 2013, is repealed.26011.8.(a)The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, 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.
(b)For purposes of this section, project means a project as defined in subparagraph (B) of paragraph (7) of subdivision (a) of Section 26003.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon a net benefits test that includes all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project as defined in paragraph (7) of subdivision (a) of Section 26003 approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)The authority shall make every effort to expedite the operation of this section, and shall adopt regulations for purposes of implementing the section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare.
(j)This section shall become operative on July 1, 2016, and shall remain in effect only until January 1, 2021, and as of that date is repealed. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
SEC. 5.(a)Sections 1.5 and 2.5 of this bill incorporate amendments to Section 26003 of the Public Resources Code proposed by both this bill and AB 1269. Sections 1.5 and 2.5 shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, but this bill becomes operative first, (2) each bill amends Section 26003 of the Public Resources Code, and (3) this bill is enacted after AB 1269, in which case Section 26003 of the Public Resources Code, as amended by Sections 1 and 2 of this bill, shall remain operative only until the operative date of AB 1269, at which time Sections 1.5 and 2.5 of this bill shall become operative.
(b)Sections 3.5 and 4.5 of this bill incorporate amendments to Section 26011.8 of the Public Resources Code proposed by both this bill and AB 1269. Sections 3.5 and 4.5 shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, but this bill becomes operative first, (2) each bill amends Section 26011.8 of the Public Resources Code, and (3) this bill is enacted after AB 1269, in which case Section 26011.8 of the Public Resources Code, as amended by Section 3 and 4 of this bill, shall remain operative only until the operative date of AB 1269, at which time Section 3.5 and 4.5 of this bill shall become operative.
SEC. 5.SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide incentives for the development of projects that process or utilize recycled feedstock for the protection of the public health and environment, it is necessary for this act to take effect immediately.
(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incident incidental to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incident incidental to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, is defined in Section 26011.8.
(8)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on July 1, 2016.
SEC. 3.Section 26011.8 of the Public Resources Code, as amended by Section 3 of Chapter 540 of the Statutes of 2013, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems. systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized.
(5)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)(1)The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study.
(2)Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the programs efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analysts Office in preparing the report and its recommendations.
(j)(1)Except as provided in paragraph (2), this section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. The sale or purchase of tangible personal property of a project approved before June 30, 2016, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
(2)Notwithstanding paragraph (1), the authoritys obligation to submit to the Legislature a report pursuant to paragraph (2) of subdivision (i) shall remain operative until the submission of the report.
SEC. 4.Section 26011.8 of the Public Resources Code, as amended by Section 4 of Chapter 540 of the Statutes of 2013, is amended to read:26011.8.(a)The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, 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.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced transportation technologies or alternative source products, components, or systems. systems, as defined in Section 26003. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon a net benefits test that includes all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project as defined in paragraph (7) of subdivision (a) of Section 26003 approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)The authority shall make every effort to expedite the operation of this section, and shall adopt regulations for purposes of implementing the section as emergency regulations in accordance with Chapter the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Code). For purposes of that Chapter 3.5, act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare.
(j)This section shall become operative on July 1, 2016, and shall remain in effect only until January 1, 2021, and as of that date is repealed. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide incentives for the development of projects that process or utilize recycled feedstock for the protection of the public health and environment, it is necessary for this act to take effect immediately.
(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incident to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, means tangible personal property that primarily processes recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment, or that is utilized in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems. Project does not include tangible personal property that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192. is defined in Section 26011.8.
(9)Recycled feedstock means materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
(10)
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing any project or incident to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, means tangible personal property that primarily processes recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment, or that is utilized in the state for the design, manufacture, production, or assembly of advanced transportation technologies or alternative source products, components, or systems. Project does not include tangible personal property that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192. is defined in Section 26011.8.
(8)Recycled feedstock means materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
(9)
(8)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on July 1, 2016.
SEC. 3.Section 26011.8 of the Public Resources Code, as amended by Section 3 of Chapter 540 of the Statutes of 2013, 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.
(b)For purposes of this section, project means a project as defined in subparagraph (B) of paragraph (8) of subdivision (a) of Section 26003.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The types of advanced manufacturing, as defined in paragraph (1) of subdivision (a) of Section 26003, utilized.
(5)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)(1)The authority shall study the efficacy and cost benefit of the sales and use tax exemption as it relates to advanced manufacturing projects. The study shall include the number of jobs created, the costs of each job, and the annual salary of each job. The study shall also consider a dynamic analysis of the economic output to the state that would occur without the sales and use tax exemption. Before January 1, 2017, the authority shall submit to the Legislature, consistent with Section 9795 of the Government Code, the result of the study.
(2)Before January 1, 2015, the authority shall, consistent with Section 9795 of the Government Code, submit to the Legislature an interim report on the efficacy of the program conducted pursuant to this section. The study shall include recommendations on program changes that would increase the programs efficacy in creating permanent and temporary jobs, and whether eligibility for the program should be extended or narrowed to other manufacturing types. The authority may work with the Legislative Analysts Office in preparing the report and its recommendations.
(j)(1)Except as provided in paragraph (2), this section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. The sale or purchase of tangible personal property of a project approved before June 30, 2016, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
(2)Notwithstanding paragraph (1), the authoritys obligation to submit to the Legislature a report pursuant to paragraph (2) of subdivision (i) shall remain operative until the submission of the report.
SEC. 4.Section 26011.8 of the Public Resources Code, as amended by Section 4 of Chapter 540 of the Statutes of 2013, is amended to read:26011.8.(a)The purpose of this section is to promote the creation of California-based manufacturing, California-based jobs, 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.
(b)For purposes of this section, project means a project as defined in subparagraph (B) of paragraph (7) of subdivision (a) of Section 26003.
(b)For purposes of this section, the following terms have the following meanings:
(1)Project means tangible personal property if at least 50 percent of its use is either to process recycled feedstock that is intended to be reused in the production of another product or using recycled feedstock in the production of another product or soil amendment, or tangible personal property that is used in the state for the design, manufacture, production, or assembly of advanced transportation technologies or alternative source products, components, or systems. Project does not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(2)Recycled feedstock means materials that would otherwise be destined for disposal, having completed their intended end use and product lifecycle.
(3)Soil amendments may include compost, as defined in Section 14525 of the Food and Agricultural Code, fertilizing material, as defined in Section 14533 of the Food and Agricultural Code, gypsum or phosphatic sulfate gypsum, as those terms are defined in Section 14537 of the Food and Agricultural Code, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
(c)The authority shall publish notice of the availability of project applications and deadlines for submission of project applications to the authority.
(d)The authority shall evaluate project applications based upon a net benefits test that includes all of the following criteria:
(1)The extent to which the project develops manufacturing facilities, or purchases equipment for manufacturing facilities, located in California.
(2)The extent to which the anticipated benefit to the state from the project equals or exceeds the projected benefit to the participating party from the sales and use tax exclusion.
(3)The extent to which the project will create new, permanent jobs in California.
(4)To the extent feasible, the extent to which the project, or the product produced by the project, results in a reduction of greenhouse gases, a reduction in air or water pollution, an increase in energy efficiency, or a reduction in energy consumption, beyond what is required by federal or state law or regulation.
(5)The extent of unemployment in the area in which the project is proposed to be located.
(6)Any other factors the authority deems appropriate in accordance with this section.
(e)At a duly noticed public hearing, the authority shall approve, by resolution, project applications for financial assistance.
(f)Notwithstanding subdivision (j), and without regard to the actual date of any transaction between a participating party and the authority, any project as defined in paragraph (7) of subdivision (a) of Section 26003 approved by the authority by resolution for the sales and use tax exclusion pursuant to Section 6010.8 of the Revenue and Taxation Code before March 24, 2010, shall not be subject to this section.
(g)The Legislative Analysts Office shall report to the Joint Legislative Budget Committee on the effectiveness of this program, on or before January 1, 2019, by evaluating factors, including, but not limited to, the following:
(1)The number of jobs created by the program in California.
(2)The number of businesses that have remained in California or relocated to California as a result of this program.
(3)The amount of state and local revenue and economic activity generated by the program.
(4)The amount of reduction in greenhouse gases, air pollution, water pollution, or energy consumption.
(h)The exclusions granted pursuant to Section 6010.8 of the Revenue and Taxation Code for projects approved by the authority pursuant to this section shall not exceed one hundred million dollars ($100,000,000) for each calendar year.
(i)The authority shall make every effort to expedite the operation of this section, and shall adopt regulations for purposes of implementing the section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare.
(j)This section shall become operative on July 1, 2016, and shall remain in effect only until January 1, 2021, and as of that date is repealed. The sale or purchase of tangible personal property of a project approved before January 1, 2021, shall continue to be excluded from sales and use taxes pursuant to Section 6010.8 of the Revenue and Taxation Code for the period of time set forth in the authoritys resolution approving the project pursuant to this section.
SEC. 3.SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide incentives for the development of projects that process or utilize recycled feedstock for the protection of the public health and environment, it is necessary for this act to take effect immediately.
(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incident incidental to determining the feasibility of constructing any project or incident to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, means tangible personal property that primarily processes recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment, or that is utilized in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems. Project does not include tangible personal property that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(9)Recycled feedstock means materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
(10)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incident incidental to determining the feasibility of constructing any project or incident to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, means tangible personal property that primarily processes recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment, or that is utilized in the state for the design, manufacture, production, or assembly of advanced transportation technologies or alternative source products, components, or systems. Project does not include tangible personal property that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(8)Recycled feedstock means materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on July 1, 2016.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide incentives for the development of projects that process or utilize recycled feedstock for the protection of the public health and environment, it is necessary for this act to take effect immediately.
(a)As used in this division, unless the context otherwise requires:
(1)(A)Advanced manufacturing means manufacturing processes that improve existing or create entirely new materials, products, and processes through the use of science, engineering, or information technologies, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing any of the following technology areas:
(i)Microelectronics and nanoelectronics, including semiconductors.
(ii)Advanced materials.
(iii)Integrated computational materials engineering.
(iv)Nanotechnology.
(v)Additive manufacturing.
(vi)Industrial biotechnology.
(B)Advanced manufacturing includes any of the following:
(i)Systems that result from substantive advancement, whether incremental or breakthrough, beyond the current industry standard, in the production of materials and products. These advancements include improvements in manufacturing processes and systems that are often referred to as smart or intelligent manufacturing systems, which integrate computational predictability and operational efficiency.
(ii)(I)Sustainable manufacturing systems and manufacturing technologies that minimize the use of resources while maintaining or improving cost and performance.
(II)Sustainable manufacturing systems and manufacturing technologies do not include those required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority to ensure that the requirements of this clause are met.
(2)(A)Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(3)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(4)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(5)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incident to determining the feasibility of constructing any project or incident to the construction, acquisition, or financing of a project.
(6)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(7)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(8)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, means tangible personal property that primarily processes recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment, or that is utilized in the state for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems. Project does not include tangible personal property that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(9)Recycled feedstock means materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
(9)
(10)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.Section 26003 of the Public Resources Code, as amended by Section 2 of Chapter 540 of the Statutes of 2013, is amended to read:26003.(a)As used in this division, unless the context otherwise requires:
(1)(A) Advanced transportation technologies means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high value-added jobs for Californians while enhancing the states commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency.
(B)Advanced transportation technologies does not include those projects required to be undertaken pursuant to state or federal law or regulations, air district rules or regulations, memoranda of understanding with a governmental entity, or legally binding agreements or documents. The State Air Resources Board shall advise the authority regarding projects that are excluded pursuant to this subparagraph.
(2)(A)Alternative sources means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840.2 of the Public Utilities Code, distributed generation and energy storage technologies eligible under the self-generation incentive program pursuant to Section 379.6 of the Public Utilities Code, as determined by the Public Utilities Commission, or a facility designed for the production of renewable fuels, the efficient use of which reduce the use of fossil or nuclear fuels, and energy efficiency devices or technologies that reduce the need for new electric generation and reduce emissions of toxic and criteria pollutants and greenhouse gases.
(B)Alternative sources does not include a hydroelectric facility that does not meet state laws pertaining to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits.
(3)Authority means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given.
(4)Cost as applied to a project or portion of the project financed under this division means all or part of the cost of construction and acquisition of all lands, structures, real or personal property or an interest in the real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which those buildings or structures may be moved; the cost of all machinery, equipment, and furnishings, financing charges, interest prior to, during, and for a period after, completion of construction as determined by the authority; provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements; the cost of architectural, engineering, financial, accounting, auditing and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incident to determining the feasibility of constructing any project or incident to the construction, acquisition, or financing of a project.
(5)Financial assistance includes, but is not limited to, loans, loan loss reserves, interest rate reductions, proceeds of bonds issued by the authority, bond insurance, loan guarantees or other credit enhancements or liquidity facilities, contributions of money, or a combination thereof, as determined by, and approved by the resolution of, the board.
(6)(A)Participating party means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project.
(B)(i)For purposes of Section 6010.8 of the Revenue and Taxation Code, participating party means an entity specified in subparagraph (A) that seeks financial assistance pursuant to Section 26011.8.
(ii)For purposes of Section 6010.8 of the Revenue and Taxation Code, an entity located outside of the state, including an entity located overseas, is considered to be a participating party and is eligible to apply for financial assistance pursuant to Section 26011.8 if the participating party commits to, and demonstrates that, the party will be opening a manufacturing facility in the state.
(iii)It is the intent of the Legislature by adding clause (ii) to clarify existing law and ensure that an out-of-state entity or overseas entity is eligible to apply for financial assistance pursuant to Section 26011.8.
(7)(A)Project means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components.
(B)Project, for purposes of Section 26011.8 and Section 6010.8 of the Revenue and Taxation Code, means tangible personal property that primarily processes recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment, or that is utilized in the state for the design, manufacture, production, or assembly of advanced transportation technologies or alternative source products, components, or systems. Project does not include tangible personal property that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined in subdivision (b) of Section 40192.
(8)Recycled feedstock means materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
(8)
(9)Revenue means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority.
(b)This section shall become operative on July 1, 2016.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide incentives for the development of projects that process or utilize recycled feedstock for the protection of the public health and environment, it is necessary for this act to take effect immediately.
|
Date
|
Status
|
|---|---|
| Sep 11, 2015 | Assembly Rule 63 suspended. |
| Sep 9, 2015 | Joint Rule 61 suspended. (Ayes 27. Noes 6.) |
| Sep 9, 2015 | Joint Rule 61(a) suspended. (Ayes 27. Noes 6. Page 2645.) |
| Sep 9, 2015 | Joint Rule 62(a) suspended. (Ayes 27. Noes 6. Page 2646.) |
| Sep 9, 2015 | Joint Rule 62(a) suspended. (Ayes 27. Noes 6.) |
| Sep 9, 2015 | Referred to Com. on GOV. & F. |
| Sep 10, 2015 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (September 10). |
| Sep 10, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (September 10). Re-referred to Com. on APPR. |
| Sep 10, 2015 | Read second time and amended. Ordered to third reading. |
| Sep 10, 2015 | Senate Rule 29.3 (b) suspended. |
| Sep 10, 2015 | Senate Rule 29.3(b) suspended. (Ayes 24. Noes 1. Page 2678.) |
| Aug 27, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 77. Noes 0.). |
| Sep 11, 2015 | Assembly Rule 63 suspended. (Page 3194.) |
| Sep 11, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 11, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. |
| Sep 11, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2756.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3194.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.). |
| Sep 23, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Oct 11, 2015 | Approved by the Governor. |
| Oct 11, 2015 | Chaptered by Secretary of State - Chapter 768, Statutes of 2015. |
| Aug 17, 2015 | Assembly Rule 56 suspended. (Page 2470.) |
| Jan 30, 2015 | From printer. May be heard in committee March 1. |
| Feb 9, 2015 | Referred to Com. on NAT. RES. |
| Mar 25, 2015 | From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 9. Noes 0.) (March 23). Re-referred to Com. on REV. & TAX. |
| May 11, 2015 | In committee: Set, first hearing. Referred to REV. & TAX. suspense file. |
| May 18, 2015 | Retained in suspense file. |
| Jun 9, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended. |
| Jun 10, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on REV. & TAX. Read second time and amended. |
| Jun 10, 2015 | Re-referred to Com. on REV. & TAX. |
| Aug 17, 2015 | (pending re-referral to Com. on APPR.) |
| Aug 17, 2015 | Assembly Rule 56 suspended. |
| Jan 29, 2015 | Read first time. To print. |
| Aug 17, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 13). |
| Aug 17, 2015 | Joint Rule 62(a), file notice suspended. |
| Aug 17, 2015 | Received July 17, 2015 pursuant to Joint Rule 61(a)(10). |
| Aug 18, 2015 | Read second time and amended. |
| Aug 19, 2015 | Re-referred to Com. on APPR. |
| Aug 24, 2015 | From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (August 19). |
| Aug 25, 2015 | Read second time and amended. Ordered returned to second reading. |
| Aug 26, 2015 | Read second time. Ordered to third reading. |
| Aug 27, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Aug 27, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 2621.). |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2015 | AB 199 EGGMAN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 11, 2015 | Assembly 3rd Reading AB199 Eggman Urgency Clause | Senate Floor |
Passed |
|
| Sep 10, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Governance and Finance |
Passed |
|
| Sep 10, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 27, 2015 | AB 199 EGGMAN Third Reading Urgency | Assembly Floor |
Passed |
|
| Aug 19, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 13, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Revenue and Taxation |
Passed |
|
| Mar 23, 2015 | Do pass and be re-referred to the Committee on [Revenue and Taxation] | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association of California Recycling Industries | ** Support | Aug 27, 2015 |
| Association Of Compost Producers | ** Support | Aug 27, 2015 |
| Association Of Postconsumer Plastic Recyclers | ** Support | Aug 27, 2015 |
| Azul | * Support | Sep 10, 2015 |
| California Association Of Sanitation Agencies | ** Support | Aug 27, 2015 |
| California Capters of Swana | * Support | Sep 10, 2015 |
| California Compost Coalition | * Support | Sep 10, 2015 |
| California Compost Coalition | * Support | Sep 10, 2015 |
| California Electronic Asset Recovery | ** Support | Aug 27, 2015 |
| California League Of Conservation Voters | ** Support | Aug 27, 2015 |
| California Manufacturers And Technology Association | * Support | Sep 10, 2015 |
| California Manufacturers And Technology Association | * Support | Sep 10, 2015 |
| California Product Stewardship Council | * Support | Sep 10, 2015 |
| California Product Stewardship Council | * Support | Sep 10, 2015 |
| California Refuse Recycling Council | * Support | Sep 10, 2015 |
| California Resource Recovery Association | ** Support | Mar 24, 2015 |
| Californians Against Waste | * Support | Sep 10, 2015 |
| Californians Against Waste | * Support | Sep 10, 2015 |
| City of Los Angeles Mayor Eric Garcetti | * Support | Sep 10, 2015 |
| City of Los Angeles Mayor Eric Garcetti | * Support | Sep 10, 2015 |
| City of San Francisco | * Support | Sep 10, 2015 |
| City of San Francisco | * Support | Sep 10, 2015 |
| Command Packaging | ** Support | Aug 27, 2015 |
| Cornerstone Environmental | ** Support | Mar 24, 2015 |
| County of San Francisco | * Support | Sep 10, 2015 |
| County of San Francisco | * Support | Sep 10, 2015 |
| CR&R Environmental Services | ** Support | Aug 27, 2015 |
| CR&R Environmental Services ECS Refining | ** Support | Mar 24, 2015 |
| CRM Co. | ** Support | Mar 24, 2015 |
| Don't Waste LA Coalition | ** Support | Aug 27, 2015 |
| ECS Refining | ** Support | Aug 27, 2015 |
| Full Cycle Bioplastics | ** Support | Mar 24, 2015 |
| Glass Packaging Insitute | ** Support | Mar 24, 2015 |
| Glass Packaging Institute | ** Support | Aug 27, 2015 |
| Global Plastics | ** Support | Aug 27, 2015 |
| Inland Empire Disposal Association | ** Support | Mar 24, 2015 |
| Institute of Scrap Metal Recycling Industries | ** Support | Mar 24, 2015 |
| Institute of Scrap Recycling Industries | ** Support | Aug 27, 2015 |
| Los Angeles Alliance for a New Economy | ** Support | Aug 27, 2015 |
| Los Angeles County Waste Management Association | ** Support | Mar 24, 2015 |
| Mid Valley Disposal | ** Support | Mar 24, 2015 |
| Napa Recycling and Waste Services | ** Support | Aug 27, 2015 |
| Natural Resources Defense Council | * Support | Sep 10, 2015 |
| North County Recycling | ** Support | Mar 24, 2015 |
| Northern Recycling and Waste Services | ** Support | Mar 24, 2015 |
| Office of Mayor Ed Lee | * Support | Sep 10, 2015 |
| Page K | ** Support | Aug 27, 2015 |
| Page L | ** Against | Aug 27, 2015 |
| Page L | ** Support | Aug 27, 2015 |
| PC Recycle | ** Support | Aug 27, 2015 |
| Plastic PET Recyclers | * Support | Sep 10, 2015 |
| Plastic PET Recyclers | * Support | Sep 10, 2015 |
| Recology | ** Support | Aug 27, 2015 |
| RePet | ** Support | Aug 27, 2015 |
| RePLANET LLC | * Support | Sep 10, 2015 |
| RePLANET LLC | * Support | Sep 10, 2015 |
| Republic Services | * Support | Sep 10, 2015 |
| Solid Waste Association Of North America, California Chapters | * Support | Sep 10, 2015 |
| Solid Waste Association Of Orange County | ** Support | Mar 24, 2015 |
| Sonoma Compost | ** Support | Mar 24, 2015 |
| State of California, Treasurer | ** Support | Aug 27, 2015 |
| State Treasurer John Chiang | ** Support | Mar 24, 2015 |
| Stop Waste | * Support | Sep 10, 2015 |
| Talco Plastics | ** Support | Aug 27, 2015 |
| Tri-City Economic Development Corporation | ** Support | Aug 27, 2015 |
| Varner Brothers | ** Support | Mar 24, 2015 |
| Verdeco Recycling | ** Support | Aug 27, 2015 |
| Waste Management | * Support | Sep 10, 2015 |
AB 199
Page 3
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
AB 199
(Eggman)
As Amended September 10, 2015
2/3 vote. Urgency
ASSEMBLY: |
77-0 |
(August 27, 2015) |
SENATE: |
|
(September 11, 2015) |
(vote not available)
Original Committee Reference: NAT. RES.
SUMMARY: Expands the sales and use tax (SUT) exclusion under the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) by revising the definition of a "project" to include tangible personal property (TPP) that primarily processes or uses "recycled feedstock."
The Senate amendments add double jointing language to address possible chaptering out issues with Assembly Bill 1269 (Dababneh) of the current legislative session.
FISCAL EFFECT: According to BOE, "Existing law limits the allowable sales and use tax exclusion for all projects approved by CAEAFTA, including this bill's described projects, to $100 million each calendar year. Between November 2010 and July 2015, CAEATFA has approved tax exclusions of about $318 million, but only $81.8 million in tax has actually been claimed."
AS PASSED BY THE ASSEMBLY, this bill expanded the SUT exclusion under CAEATFA by revising the definition of a "project" to include TPP that primarily processes or uses "recycled feedstock."
COMMENTS:
Author’s Statement: The author states that "California exports 20 million tons of recyclables annually, worth nearly $8 billion. With AB 199, the state would help incentivize the recycling sector to invest more in manufacturing. Keeping more of these valuable materials in-state would allow Californians to share in both the environmental and economic benefits of their recycling."
CAEATFA Background: The California Alternative Energy Source Financing Authority was established in 1980 with an authorization of $200 million in revenue bonds to finance projects utilizing alternative or renewable energy sources, such as wind, solar, cogeneration and geothermal. In 1994, the authority was renamed "CAEATFA" and its charge was expanded to include the financing of "advanced transportation" technologies. During the energy crisis of 2001, CAEATFA's authority was expanded again to provide financial assistance to public power entities, independent generators, and others for new and renewable energy sources, and to develop clean distributed generation. The CAEATFA board consists of five members: the Treasurer, Controller, Director of Finance, Chairperson of the Energy Commission, and President of the Public Utilities Commission.
CAEATFA may provide financial assistance to approved projects via the issuance of bonds, loans, loan guarantees and credit enhancements. CAEATFA may authorize up to $1 billion in revenue or prepayment bonds to fund projects. Over the last few years, CAEATFA has provided financial assistance through various programs, including qualified energy conservation bonds for projects that promote the use of alternative energy and energy efficiency in state, local and tribal government facilities, as well as clean renewable energy bonds for renewable energy projects. In addition, with the passage of SB 71 (Padilla), Chapter 10, Statutes of 2010, CAEATFA is allowed to grant a SUT exemption to provide financial assistance for the purchase of equipment that is used for the design, manufacture, production, or assembly of "advanced transportation technologies" or "alternative source" products, components, or systems (SB 71 Program). Alternative source products include cogeneration technology, energy conservation, solar, biomass, wind, geothermal, specified hydro-electric, or any other energy efficient technologies that reduce the use of fossil and nuclear fuels. Alternative sources also include advanced electric distributive generation technology and energy storage technology. The SB 71 Program will sunset on January 1, 2021. In 2012, SB 1128 (Padilla), Chapter 677, Statutes of 2012, again expanded the SUT exclusion program to include advanced manufacturing projects.
Benefits Analysis: As noted above, CAEATFA may provide a SUT exclusion for the purpose of promoting the creation of California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or the reduction in air and water pollution or energy consumption. Before a SUT exclusion can be awarded, CAEATFA is required to determine the eligibility of individual projects based on a number of factors relating to a reduction in greenhouse gases and the creation of manufacturing jobs. An important factor that CAEATFA is required to consider is the extent to which the anticipated benefit to the state from the project equals or exceeds the loss of sales and use tax.
What Does this Bill Do? This bill expands the types of projects that may qualify for the SUT exclusion to include TPP that is either: 1) primarily used to process recycled feedstock intended to be reused in the production of another product, or 2) primarily utilizes recycled feedstock in the production of another product or soil amendment. "Recycled feedstock" is defined as materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
According to CalRecycle, between 6% (for multi-stream) and 81% (for mixed waste) of the incoming material at a Materials Recovery Facility (MRF) is usually sent to landfills for final disposal.1 MRFs receive recyclables and sorts the materials by type or grade to meet the commodity specifications. The inability of the MRF to recycle a larger portion of the materials is due, in part, to a lack of equipment capable of sorting the various plastics, paper, metals, and glass. The expansion of qualifying projects is meant to incentives the purchase of machinery that is better able to sort recyclable material, thereby reducing the amount of recyclable material that ends up in landfills.
The second provision of this bill provides a SUT exclusion for TPP that primarily utilizes recycled feedstock in the production of another product or soil amendment. According to CalRecycle, there are approximately 160 MRFs throughout the state, which sort recyclable material. Once recoverable materials are collected and sorted or processed, they are delivered to recycling or manufacturing markets in California, domestically and internationally. However, according to CalRecycle, there is a minimal manufacturing infrastructure in California for recycled glass, paper, plastic, and tires. If all of the reported material from processing facilities for glass, paper, and plastics went to manufacturing facilities in California, the supply would exceed the manufacturing capacity by more than 300%. Therefore, the inclusion of TPP that primarily utilizes recycled feedstock is meant to increase the manufacturing capacity of recycled material. Finally, within the second provision, this bill also provides a SUT exclusion for TPP that primarily uses recycled feedstock to create soil amendment.
Partial Sales and Use Tax Exemption: The rationale for providing a SUT exemption on business inputs is to reduce the imposition of a tax on a tax, otherwise known as "pyramiding". The SUT is paid when a business is considered to be the final consumer of tangible item. The tax paid on TPP is then incorporated into the cost of a consumer product, leading to double taxation. As noted by Joseph Henchman, "Ideally, a sales tax should be levied on all goods and services sold at retail, and to prevent distortions and hidden taxes, it should be levied only once on each good or service sold at retail." (Joseph Henchman, States Should Avoid Sales Taxes on Nonprofit Hospital Purchases, Tax Foundation, April 2008.) Ideally, taxes should only be levied once because pyramiding may cause consumers to favor goods and services that are provided by a single company instead of those that require multiple production steps. (Id.)
The passage of AB 93 (Budget Committee), Chapter 69, Statutes of 2013, and SB 90 (Galgiani), Chapter 70, Statutes of 2013, created California's first effort to grant a partial SUT exemption for taxpayers performing manufacturing or research and development in the state. There are a few differences between CAEATFA's SUT exclusion and the state's partial SUT exemption. The partial exemption rate is currently 4.1875%. The partial exemption provides that sales of the qualifying property sold to a qualified person be taxed at a rate of 3.3125% (7.50% current statewide tax rate – 4.1875% partial exemption) plus any applicable district taxes. Under CAEATFA, an approved project does not pay any SUT tax, including local and district taxes. Additionally, the state's SUT exemption is much broader and more readily available. So long as a business meets all requirements, a qualifying manufacturer can receive a partial SUT exemption. CAEATFA, however, is a more robust process, requiring the applicant to meet a set of criteria before the exclusion can apply. Furthermore, the programs appear to accomplish different goals. Both programs reduce the economic distortions related to taxing business inputs, but CAEATFA appears to also be concerned with encouraging projects that provide a greater return on investment for the state. As noted above, the anticipated project benefits, measured by the fiscal and environmental benefit to the state, must exceed the cost of forgone SUT. No such analysis is needed for the partial SUT exemption.
Analysis Prepared by: Carlos Anguiano / REV. & TAX. / (916) 319-2098 FN: 0002392
1 "Multi-stream" refers to incoming recyclables that have usually been collected separately from each other; for example, a curbside program that separates paper from glass or plastic prior to pick-up is considered "multi-stream". "Single-stream" refers to all incoming recyclables that have been collected in one stream, such as in a residential blue bin program. Recyclables collected in a single-stream manner often have a higher level of contamination than materials received through a multi-stream process. (State of Recycling in California, CalRecycle, March 2015.)
AB 199 (Eggman) 8/25/15 Page 5 of 5
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
AB 199 |
Hearing Date: |
9/10/15 |
Author: |
Eggman |
Tax Levy: |
No |
Version: |
8/25/15 |
Fiscal: |
Yes |
Consultant: |
Grinnell |
||
Alternative energy: recycled feedstock
Expands CAEATFA’s sales and use tax exemption program to include projects that use recycled feedstock.
Background and Existing Law
Housed in the office of the State Treasurer, the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) provides financing through conduit or revenue bonds, loan guarantees, loan loss reserves and a sales and use tax exemption for facilities that use alternative energy sources and technologies or engage in advanced manufacturing. CAEATFA’s board, composed of the Treasurer, Controller, Director of Finance, Chairperson of the Energy Commission, and President of the Public Utilities Commission, decides which projects to assist. The Governor’s budget proposes a total of $27.5 million for CAEATFA in 2014–15, funded primarily through transfers from the California Energy Commission. In addition to its sales and use tax program, CAEATFA administers other programs, including:
A $10 million loan loss reserve program that directs the state to reimburse the original mortgage lender for the costs associated with the Property Assessed Clean Energy program assessments during a foreclosure (SB 96, Committee on Budget and Fiscal Review, 2013).
A $25 million loan loss reserve program to backstop loans made by participating financial institutions for energy efficiency improvements and distributed generation technology (ABx1 14, Skinner, 2011).
When the Legislature created CAEATFA in 1980, it provided that both the state and local shares of the sales and use tax didn’t apply to its purchases of tangible personal property. However, CAEATFA didn’t do much until 2008, when Governor Arnold Schwarzenegger and State Treasurer Bill Lockyer announced that CAEATFA would use this authority to grant sales and use tax exemption for normally taxable manufacturing equipment purchased by Tesla Motors under a sale-leaseback agreement. Subsequently, the Legislature directed CAEATFA to administer sales and use tax exemptions for manufacturers of renewable technology, subject to an application and evaluation process (SB 71, Padilla, 2010), which was soon after expanded to advanced manufacturing (SB 1128, Padilla, 2012). While CAEATFA’s blanket sales and use tax exemption authority doesn’t have a sunset, the Legislature placed a July 1, 2021 sunset on the renewable energy production program, and a July 1, 2016 sunset on the advanced manufacturing.
CAEATFA can allocate exemptions up to $100 million annually to successful applicants; however, CAEATFA evaluates all applicants to determine whether the benefits received by the state will outweigh forgone revenue, and can only allocate exemptions to projects that produce net fiscal and environmental benefits for the state. SB 1128 required CAEATFA to study the efficacy and cost benefit of the program, including the number of jobs created, the costs of each job, as well as its annual salary, and consider a dynamic analysis of the economic output of the state without the exemption by January 1, 2017. The measure also required CAEATFA to submit interim reports to the Legislature with specified contents by January 1, 2015.
In 2013, the Legislature enacted AB 93 (Committee on Budget) and SB 90 (Committee on Budget and Fiscal Review), these measures reformed California’s economic development policies by eliminating enterprise zones and other geographically-targeted economic development areas, and instead allowed three new tax benefits:
Tax credits for wages paid by taxpayers to qualified employees within former enterprise zones, and other areas that suffer from high levels of poverty and unemployment. The credit lasts from the 2014 taxable year until the 2019 taxable year.
The California Competes Tax Credit, where the California Competes Tax Credit Committee, also created by the bill, can award various tax credits up to an annually capped amount to taxpayers who apply. The Committee is comprised of the Treasurer, the Director of Finance, the Director of the Governor’s Office of Business and Economic Development (GO-BIZ), one appointee of the Speaker of the Assembly, and one appointee from the Senate Committee on Rules.
A state-only (4.1875%) sales and use tax exemption on purchases of manufacturing equipment made by taxpayers within specific North American Industrial Classification System codes, capped at $200 million annually per taxpayer, effective July 1, 2014, and ending July 1, 2022. The exemption largely superseded the SB 71 and SB 1128 programs, as they applied to almost all the same taxpayers. Instead of applying to CAEATFA, taxpayers simply print a resale certificate from BOE’s website, and present it to the retailer to purchase the property sales-tax free.
In 2012, the Legislature enacted SB 341 (Chesbro), which stated legislative intent that it is the policy goal of the state that not less than 75% of solid waste be source reduced, recycled, or composted by the year 2020. However, the statewide recycling rate is currently slightly over 50%, having stagnated at that level since at least 2010. In the hopes of increasing recycling in the state, Californians Against Waste want to expand the CAEATFA state and local sales and use tax exemption to include projects that process or utilize recycled feedstock.
Proposed Law
Assembly Bill 199 expands the definition of a “project” eligible for CAEATFA’s sales and use tax exemption program to include tangible personal property where at least 50% of its use is to process recycled feedstock intended to be reused in the production of another project, or using recycled feedstock in the production of another product or soil amendment, as defined. Property that processes or uses recycled feedstock in a manner that would constitute disposal is explicitly excluded from the program. AB 199 sunsets its expansion on January 1, 2021, the same date the SB 71 program is currently scheduled to expire.
State Revenue Impact
According to BOE, “Existing law limits the allowable sales and use tax exclusion for all projects approved by CAEAFTA, including this bill’s described projects, to $100 million each calendar year. Between November 2010 and July 2015, CAEATFA has approved tax exclusions of about $318 million, but only $81.8 million in tax has actually been claimed.”
Comments
1. Purpose of the bill. According to the author, “California exports 20 million tons of recyclables annually, worth nearly $8 billion. With AB 199, the state would help incentivize the recycling sector to invest more in manufacturing. Keeping more of these valuable materials in-state would allow Californians to share in both the environmental and economic benefits of their recycling.”
2. The general and the specific. SBs 71 and 1128 were the first state tax incentives for manufacturing in California since the Manufacturer’s Investment Credit expired in 2000. In these bills, the Legislature set forth an application process that required CAEATFA to only approve applications that demonstrated net environmental and economic effects in public meetings after a thorough due diligence review. However, the Legislature wanted to further expand manufacturing in the state by extending the sales and use tax exemption to include almost all manufacturing, and put its own money at risk by only exempting the state share of the sales tax. AB 93 trumps AB 199 except to the extent successful CAEATFA applicants can obtain an exemption from the local share too. As such, AB 199 only impacts local sales tax revenues. The Committee may wish to consider whether expanding the CAEATFA sales and use tax exemption program will result in additional recycling and economic activity in the state above and beyond the general exemption and if so, whether asking local agencies to pay for it is fair.
3. Details. AB 199 allows CAEATFA to approve applications for projects where at least 50% of the use is to process recycled feedstock into another product or soil amendment. Sponsors of the bill indicate that the change is intended to apply to:
Material recovery facilities, which sort and separate recyclables from curbside recycling programs.
Pre and post-processing equipment at composting facilities,
Plastics recycling and remanufacturing, and
Tire recycling.
Sponsors indicate that some of this equipment may be eligible for the general AB 93 exemption, but other equipment may not, because AB 93 only makes eligible for the exemption those businesses that are principally engaged in certain activities, such as manufacturing and biotechnology, among others. AB 199 would specifically include this equipment in the definition of “project” that CAEATFA uses; however, the exemption would not be automatic, as applicants would have to obtain approval from CAEATFA to obtain the exemption.
4. Review. In its report to the Legislature regarding both the SB 71 and 1128 programs, CAEATFA states that it has approved 76 projects worth a total of $273 million of foregone revenue; however, only 63 applicants eventually purchased $43.3 million of equipment because many projects are built out over a course of years, and the revenue effect doesn’t occur until the applicant purchases the property. CAEATFA adds that most of the unspent allocation comes from a few, larger, more recent applicants, with only two comprising one-third of the unspent amount. Smaller projects of less than $1 million constitute the majority of granted applications and foregone revenue. CAEATFA projects net environmental benefits of $82 million, economic benefits of $299 million, with a fiscal cost of $244 million, for a total net benefit of $137 million realized over the expected useful life of the equipment, which is about 5 to 29 years. However, at the time of the report, only 6 projects had been approved as part of the advanced manufacturing program.
5. Related legislation. In July, the Committee approved AB 1269 (Dababneh), which extends the SB 1128 Advanced Manufacturing sales and use tax exemption to January 1, 2021, the same date AB 199 uses, and the sunset date for the SB 71 program. AB 1269 is currently pending on the Senate Floor, and contains double-jointing provisions with AB 199 to resolve conflicts should both be enacted; however, AB 199 doesn’t currently contain these provisions, raising the possibility that AB 199 could “chapter out” AB 1269’s change if it’s enacted last.
6. 75% recycling goal. AB 1021 (Eggman) of 2013 contained substantively identical provisions to AB 199, and passed out of both the Governance and Finance and Environmental Quality Committee, but was subsequently held on the Senate Committee on Appropriations’ suspense file. The Committee on Environmental Quality noted of that bill: “AB 1021 would encourage the creation of new recycling infrastructure, such as materials recovery facilities (MRFs), which sort and process waste and recover marketable materials, processors that clean and mechanically process those materials, and manufactures who utilize those mechanically processed materials to create new products. According to CalRecycle’s report ‘California’s New Goal: 75% Recycling,’ recycling infrastructure must be significantly expanded in order to meet the 2020 goal. The report also proposes financial incentives, such as a tax credits, for the purchase of equipment and materials used in the manufacture of recycled content products and suggests that those incentives could include a tax credit for equipment.”
7. 2/3. CAEATFA can allocate sales and use tax exemptions up to $100 million. Because expanding the program to include new applicants may crowd out current ones seeking an exemption under that cap, Legislative Counsel has determined that the measure increases a tax on any taxpayer for the purposes of Section Three of Article XIIIA of the California Constitution. As such, the measure is keyed a 2/3 vote.
8. Urgency. Regular statutes take effect on January 1 following their enactment; bills passed in 2014 take effect on January 1, 2015. The California Constitution allows bills with urgency clauses to take effect immediately if they're needed for the public peace, health, and safety. AB 199 contains an urgency clause declaring that it is necessary for its provisions to go into effect immediately to provide incentives for the development of recycling projects.
Assembly Actions
Assembly
Floor 77-0
Assembly Appropriations 17-0
Assembly
Revenue and Taxation 9-0
Assembly Natural Resources 8-0
Support and Opposition
(9/10/15)
Support: State Treasurer John Chiang, Californians Against Waste. Association of California Recycling Industries, Association of Compost Producers, Association of Postconsumer Plastic Recyclers, California Association of Sanitation Agencies, California Compost Coalition, California Electronic Asset Recovery, California League of Conservation Voters, California Manufacturing and Technology Association, California Refuse Recycling Council, CarbonLITE Industries, City of Los Angeles, Command Packaging CRM, CR&R Environmental Services , Don't Waste LA Coalition, ECS Refining , Glass Packaging Institute, Global Plastics, Institute of Scrap Recycling Industries, Los Angeles Alliance for a New Economy, Napa Recycling and Waste Services, Natural Resources Defense Council, PC Recycle, Potential Industries, Recology, RePet, RePlanet, Republic Services, Solid Waste Association of North America, StopWaste, Strategic Materials, Tri-City Economic Development Corporation, Talco Plastics, Verdeco Recycling, Waste Management
Opposition: None received.
-- END --
AB 199 (Eggman) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 199 (Eggman) - Alternative energy: recycled feedstock.
|
|
Version: August 25, 2015 |
Policy Vote: GOV. & F. 7 - 0 |
Urgency: Yes |
Mandate: No |
Hearing Date: September 10, 2015 |
Consultant: Marie Liu |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 199 would make personal property that primarily processes or utilizes recycled feedstock that is intended to be reused in the production of another product or soil amendment eligible for sales and use tax exemption under the California Alternative Energy and Advanced Transportation Financing Authority.
Fiscal Impact:
One-time costs in the high tens of thousands to low hundreds of thousands (General Fund) to create a cost-benefit evaluation for recycling manufacturing. These costs may eventually be recovered through application fees, depending on the level of program participation.
Increased likelihood that up to $100 million from the General Fund will be lost through sales and use tax exemptions.
Unknown costs to the General Fund for CAEATFA’s administrative costs that are not recovered through application and administrative fees.
Background:
The California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) was established in 1980 as a means to encourage the use of equipment using alternative or renewable energy sources. CAEATFA’s authority has since been expanded several times including to include the financing of advanced transportation technologies. Financial assistance can occur through the issuance of revenue bonds, loan guarantees, loan loss reserves, and insurance.
As a result of the passage of SB 71 (Padilla) Chapter 10, Statutes of 2010, CAEATFA was authorized to provide projects financial assistance in the form of a sales and use tax exemption on property (such as manufacturing equipment) used for the design, manufacture, production, or assembly of advanced transportation technologies or alternative energy products, components, or systems. The program was expanded in 2012 by SB 1128 (Padilla) Chapter 677, Statutes of 2012 to include advanced manufacturing projects. This program is referred to as the Sales and Use Tax Exclusion (STE) Program.
For all project types under the STE Program, existing law requires CAEATFA to evaluate project applications for eligibility based upon certain criteria that encourages manufacturing facilities and jobs located in California and the reduction of greenhouse gases beyond the reduction required by federal or state law or regulation. Projects must meet the “net benefits test” by showing that the new project will create jobs in the state. No more than $100 million in tax exemptions may be approved by CAEATFA in any calendar year.
The STE Program sunsets on January 1, 2021.
Proposed Law:
This bill would expand the definition of projects eligible under the STE Program to include property that is used at least 50% for processing recycled feedstock so that it may be reused in the production of another product or property that utilizes recycled feedstock to produce another product or soil amendment. Property that is used for waste disposal, as defined under the Integrated Waste Management Act.
Related Legislation:
AB 1269 (Dababneh) would extend the eligibility of advanced manufacturing projects to receive state and local sales and use tax exemptions by the California Alternative Energy and Advanced Transportation Financing Authority until January 1, 2021. This bill is on the Senate Floor.
AB 1021 (Eggman, 2013) was substantially similar to this bill and was held on the Senate Appropriation Suspense File.
Staff Comments:
Potential one-time administrative costs: To implement this bill, CAEATFA will need to update its regulations for the program, including modifying its net-benefits evaluation to be appropriate for recycling projects. The Treasurer’s office estimates that that this will take approximately 9 months. While the Treasurer’s office estimates that it would not ask for additional funds to cover this workload cost, redirecting staff for this purpose would displace other work responsibilities. Additionally, staff notes that the development of net-benefits evaluations is contracted out and this bill would potentially affect that contract. As such, staff estimates that this bill would result in workload costs in the high tens of thousands to low thousands of dollars.
This bill will increase the odds that the maximum tax exemptions are issued: Since December 2013, CAEATFA has approved $104 million in tax exemptions in the STE program, with another $6.7 million in exemptions pending approval at the August and September 2015 CAEATFA board meetings. According to the Treasurer’s office, the STE program has hit the $100 million limit once. As such, expanding the eligible projects under the program will likely result in increased sales tax revenue losses. These losses are likely only for local sales tax as many of these projects are already eligible for a state sales tax exemption under AB 93 (discussed below).
Granting more tax exemptions may assist in the recovery of ongoing administrative costs: CAEATFA incurs administrative costs to administer the STE program. These costs are supposed to be covered by an application and administrative fee. However, historically the fee revenues have not been sufficient to cover the administrative costs. According to the Treasurer’s office, fee revenues have fallen short because the fee schedule was based on $100 million in award per year and that the majority of the applicants would move forward with their projects. However, the program has only reached its $100 million limit once and fewer awarded projects have moved forward than anticipated. CAEATFA staff is currently working with the Treasurer’s office to improve outreach and participation program. This bill would increase its workload to consider additional problems, but it would also result in increased collection application fees, thereby helping the Treasurer’s office more completely recover its ongoing costs.
Granting more tax exemptions may (ironically?) assist in the repayment of loans made to the program for startup costs: When the STE program was first enacted, CAEATFA received a $2.4 million loan to cover initial program development costs. CAEATFA’s ability to repay back this loan is dependent on participation in the program (i.e. there must be applicants on which a fee can be assessed) and the amount of the fee. To the extent that this bill increases participation in the program, this increased participation can help ensure the repayment of the loan. As part of this year’s budget, the Treasurer’s office received a three-year extension on the loan payments. Three annual payments of $804,000 are now due on June 30, 2017, 2018, and 2019.
Tax exemptions are not necessarily offset by increased revenues to the state: The STE program only has authority to grant tax exemptions to projects that are estimated to have benefits to the state that equal or exceed the exemption. However, the net benefits test makes a number of assumptions that may over attribute benefits to the program. For example, the net benefits test assumes that the project would not go forward at all if not for the STE exemption. Therefore, even if a project would have gone forward on the natural but the STE exemption resulted in earlier project completion, the net benefits test still credits all economic activity from the project to the STE program.
This bill creates a Proposition 26 tax: Because the participation of advanced manufacturing projects in the STE program can prevent the participation of other project types under the STE program should the program become oversubscribed, Legislative Counsel has determined that the measure can increase a tax on a taxpayer for the purposes of Section three of Article XIIIA of the California Constitution. As such, this measure requires a 2/3 vote.
-- END --
AB 199
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 199
Amended: 9/10/15 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 9/10/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
SENATE APPROPRIATIONS COMMITTEE: 6-1, 9/10/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
ASSEMBLY FLOOR: 77-0, 8/27/15 - See last page for vote
SUBJECT: Alternative energy: recycled feedstock
SOURCE: Californians Against Waste
DIGEST: This bill makes eligible for the California Alternative Energy and Advanced Transportation Financing Authority’s (CAEATFA) state and local sales tax exemption program projects using recycled feedstock.
Existing law:
Establishes CAEATFA in the Office of State Treasurer, which provides financing through conduit or revenue bonds, loan guarantees, loan loss reserves, and a state and local sales and use tax exemption for facilities that use alternative energy sources and technologies or engage in advanced manufacturing.
Creates CAEATFA’s board, composed of the State Treasurer, State Controller, Director of Finance, Chairperson of the Energy Commission, and President of the Public Utilities Commission.
Directs CAEATFA to administer a state and local sales and use tax exemption for manufacturers of renewable technology, subject to an application and evaluation process, and board approval, which sunsets on July 1, 2021 (SB 71, Padilla, Chapter 10, Statutes of 2010), and to administer a similar state and local sales and use tax for advanced manufacturing, which sunsets on July 1, 2016 (SB 1128, Padilla, Chapter 677, Statutes of 2012):
Allows CAEATFA to allocate exemptions to successful applicants under for programs up to $100 million annually; however, CAEATFA must evaluate all applicants to determine whether the net environmental and economic benefits received by the state will outweigh forgone sales and use tax revenue, and can only allocate exemptions to projects that demonstrate such a benefit.
Requires CAEATFA to study the efficacy and cost benefit of the program, including the number of jobs created, the costs of each job, as well as its annual salary, and consider a dynamic analysis of the economic output of the state without the exemption by January 1, 2017.
Requires CAEATFA to submit interim reports to the Legislature with specified contents by January 1, 2015.
This bill:
Expands the definition of a “project” eligible for CAEATFA’s sales and use tax exemption program to include tangible personal property where at least 50% of its use is to process recycled feedstock intended to be reused in the production of another project, or using recycled feedstock in the production of another product or soil amendment, as defined.
Bars from eligibility for the exemption property that processes or uses recycled feedstock in a manner that would constitute disposal.
Sunsets on January 1, 2021.
Contains provisions necessary to resolve conflicts with AB 1265 (Dababneh).
Background
In 2013, the Legislature enacted AB 93 (Committee on Budget, Chapter 69, Statutes of 2013), which reformed California’s economic development policies by eliminating enterprise zones and other geographically-targeted economic development areas, instead allowing three new tax benefits:
Tax credits for wages paid by taxpayers to qualified employees within former enterprise zones, and other areas that suffer from high levels of poverty and unemployment. The credit lasts from the 2014 taxable year until the 2019 taxable year.
The California Competes Tax Credit, where the California Competes Tax Credit Committee, also created by the bill, can award various tax credits up to an annually capped amount to taxpayers who apply. The Committee is comprised of the Treasurer, the Director of Finance, the Director of the Governor’s Office of Business and Economic Development, one appointee of the Speaker of the Assembly, and one appointee from the Senate Committee on Rules.
A state-only (4.1875%) sales and use tax exemption on purchases of manufacturing equipment made by taxpayers within specific North American Industrial Classification System codes, capped at $200 million annually per taxpayer, effective July 1, 2014, and ending July 1, 2022. The exemption largely superseded the SB 71 and SB 1128 programs, as they applied to almost all the same taxpayers. Instead of applying to CAEATFA, taxpayers simply print a resale certificate from the Board of Equalization’s website, and present it to the retailer to purchase the property sales-tax free.
AB 199 allows CAEATFA to approve applications for projects where at least 50% of the use is to process recycled feedstock into another product or soil amendment. The sponsor of this bill indicate that the change is intended to apply to:
Material recovery facilities, which sort and separate recyclables from curbside recycling programs.
Pre and post-processing equipment at composting facilities,
Plastics recycling and remanufacturing, and
Tire recycling.
The sponsor indicate that some of this equipment may be eligible for the general AB 93 exemption, but other equipment may not, because AB 93 only makes eligible for the exemption those businesses that are principally engaged in certain activities, such as manufacturing and biotechnology, among others. AB 199 specifically includes this equipment in the definition of “project” that CAEATFA uses; however, the exemption would not be automatic, as applicants would have to obtain approval from CAEATFA to obtain the exemption.
In its report to the Legislature regarding both the SB 71 and 1128 programs, CAEATFA states that it has approved 76 projects worth a total of $273 million of foregone revenue; however, only 63 applicants eventually purchased $43.3 million of equipment because many projects are built out over a course of years, and the revenue effect doesn’t occur until the applicant purchases the property. CAEATFA adds that most of the unspent allocation comes from a few, larger, more recent applicants, with only two comprising one-third of the unspent amount. Smaller projects of less than $1 million constitute the majority of granted applications and foregone revenue. CAEATFA projects net environmental benefits of $82 million, economic benefits of $299 million, with a fiscal cost of $244 million, for a total net benefit of $137 million realized over the expected useful life of the equipment, which is about 5 to 29 years. However, at the time of the report, only six projects had been approved as part of the advanced manufacturing program.
AB 1021 (Eggman, 2013) contained substantively identical provisions to AB 199, and passed out of both the Senate Committees on Governance and Finance and Environmental Quality, but was subsequently held on the Senate Committee on Appropriations’ suspense file. The Senate Committee on Environmental Quality noted of that bill: “AB 1021 would encourage the creation of new recycling infrastructure, such as materials recovery facilities (MRFs), which sort and process waste and recover marketable materials, processors that clean and mechanically process those materials, and manufactures who utilize those mechanically processed materials to create new products. According to CalRecycle’s report ‘California’s New Goal: 75% Recycling,’ recycling infrastructure must be significantly expanded in order to meet the 2020 goal. The report also proposes financial incentives, such as a tax credits, for the purchase of equipment and materials used in the manufacture of recycled content products and suggests that those incentives could include a tax credit for equipment.”
Comments
SB 71 and SB 1128 were the first state tax incentives for manufacturing in California since the Manufacturer’s Investment Credit expired in 2000. In these bills, the Legislature set forth an application process that required CAEATFA to only approve applications that demonstrated net environmental and economic effects in public meetings after a thorough due diligence review. However, the Legislature wanted to further expand manufacturing in the state by extending the sales and use tax exemption to include almost all manufacturing, and put its own money at risk by only exempting the state share of the sales tax. AB 93 trumps AB 199 except to the extent successful CAEATFA applicants can obtain an exemption from the local share too.
CAEATFA can allocate sales and use tax exemptions up to $100 million. Because expanding the program to include new applicants may crowd out current ones seeking an exemption under that cap, Legislative Counsel has determined that the measure increases a tax on any taxpayer for the purposes of Section Three of Article XIIIA of the California Constitution. As such, this bill is keyed a two-third vote.
Related Legislation
AB 1269 (Dababneh, 2015) extends the SB 1128 advanced manufacturing sales and use tax exemption to January 1, 2021, the same date AB 199 uses, and the sunset date for the SB 71 program. AB 1269 is currently pending on the Senate Floor.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
One-time costs in the high tens of thousands to low hundreds of thousands (General Fund) to create a cost-benefit evaluation for recycling manufacturing. These costs may eventually be recovered through application fees, depending on the level of program participation.
Increased likelihood that up to $100 million from the General Fund will be lost through sales and use tax exemptions.
Unknown costs to the General Fund for CAEATFA’s administrative costs that are not recovered through application and administrative fees.
Californians Against Waste (source)
Association of California Recycling Industries
Association of Compost Producers
Association
of Postconsumer Plastic Recyclers
California Association of
Sanitation Agencies
California Compost Coalition
California
Electronic Asset Recovery
California
League of Conservation Voters
California Manufacturing and
Technology Association
California Refuse Recycling Council
CarbonLITE Industries
City
of Los Angeles
Command Packaging
CRM
CR&R
Environmental Services
Don't Waste LA Coalition
ECS
Refining
Glass Packaging Institute
Global
Plastics
Institute of Scrap Recycling Industries
Los
Angeles Alliance for a New Economy
Napa Recycling and Waste
Services
Natural Resources Defense Council
PC
Recycle
Potential Industries
Recology
RePet
RePlanet
Republic Services
Solid Waste Association of North America
State
of California, Treasurer
StopWaste
Strategic Materials
Tri-City Economic Development Corporation
Talco
Plastics
Verdeco Recycling
Waste Management
OPPOSITION: (Verified 9/10/15)
None received
ARGUMENTS IN SUPPORT: According to the author, “California exports 20 million tons of recyclables annually, worth nearly $8 billion. With AB 199, the state would help incentivize the recycling sector to invest more in manufacturing. Keeping more of these valuable materials in-state would allow Californians to share in both the environmental and economic benefits of their recycling.”
ASSEMBLY FLOOR: 77-0, 8/27/15
AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Travis Allen, Campos, Frazier
Prepared by: Colin Grinnell / GOV. & F. / (916) 651-4119
9/10/15 23:31:11
AB 199
Page 5
ASSEMBLY THIRD READING
AB 199
(Eggman)
As Amended August 25, 2015
2/3 vote. Urgency
Committee |
Votes |
Ayes |
Noes |
Natural Resources |
9-0 |
Williams, Dahle, Cristina Garcia, Hadley, Harper, Mark Stone, McCarty, Rendon, Wood |
|
Revenue & Taxation |
9-0 |
Ting, Brough, Dababneh, Gipson, Roger Hernández, Mullin, Patterson, Quirk, Wagner |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Expands the sales and use tax (SUT) exclusion under the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) by revising the definition of a "project" to include tangible personal property (TPP) that primarily processes or uses "recycled feedstock." Specifically, this bill:
Modifies the definition of "project" to include TPP if at least 50% of its use is either to process recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment.
Provides that a "project" does not include TPP that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined pursuant to Public Resources Code (PRC) Section 40192.
Moves the definition of "project," which includes TPP that is used in California for the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source products, components, or systems from PRC Section 26003 to PRC Section 26011.8, in both the active and dormant sections.
Defines "recycled feedstock" as material that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
Provides that "soil amendments" may include "compost," as defined under the Food and Agriculture Code (FAC) Section 14525, "gypsum" or "phosphatic sulfate gypsum," as defined under FAC Section 14537, or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
Provides that this is an urgency statute necessary for the immediate preservation of the public peace, health or safety.
EXISTING LAW:
Creates CAEATFA for the purpose of promoting the development and utilization of alternative energy sources and the development and commercialization of advanced transportation technologies.
Authorizes CAEATFA to provide financial assistance to certain facilities that use alternative energy sources and technologies, develop advanced manufacturing, or are needed to develop and commercialize advanced transportation technologies that conserve energy, reduce air pollution, and promote economic development and jobs.
Allows CAEATFA to provide eligible projects financial assistance in the form of a SUT exclusion on property used for the "design, manufacture, production, or assembly" of either advanced manufacturing, advanced transportation technologies, or alternative energy source products, components or system, as defined.
Requires a project to demonstrate that the benefits to the state from the project equals or exceeds the projected benefit to the participating party from the SUT exclusion.
Requires CAEATFA to provide 20-day notice to the Legislature once the value of SUT exemptions approved by CAEATFA exceeds $100 million. The notification must be provided prior to granting additional approvals.
Sunsets the CAEATFA's expanded authority to promote the use of advanced manufacturing on July 1, 2016.
Imposes a sales tax on a retailer's gross receipts from the retail sale of TPP in this state, unless the sale is specifically exempt from taxation by statute. It is presumed that gross receipts from a particular sale of TPP are subject to tax, unless the seller can establish either that the sale was not a retail transaction or that the sale is subject to an exemption.
FISCAL EFFECT: According to the Assembly Appropriations Committee, although there may be the potential redirection of CAEATFA funds resulting from the eligibility expansion, the total impact of all CAEATFA-approved sales and use tax exclusions (STEs) to the General Fund is limited to $100 million annually. Further, according to CAEATFA, all projects that are approved for the STE have demonstrated that any costs to the state will be offset by the increased economic activity created by the project.
COMMENTS:
Author’s Statement: The author has provided the following statement in support of this bill:
California exports 20 million tons of recyclables annually, worth nearly $8 billion. With AB 199, the state would help incentivize the recycling sector to invest more in manufacturing. Keeping more of these valuable materials in-state would allow Californians to share in both the environmental and economic benefits of their recycling.
CAEATFA Background: The California Alternative Energy Source Financing Authority was established in 1980 with an authorization of $200 million in revenue bonds to finance projects utilizing alternative or renewable energy sources, such as wind, solar, cogeneration and geothermal. In 1994, the authority was renamed "CAEATFA" and its charge was expanded to include the financing of "advanced transportation" technologies. During the energy crisis of 2001, CAEATFA's authority was expanded again to provide financial assistance to public power entities, independent generators, and others for new and renewable energy sources, and to develop clean distributed generation. The CAEATFA board consists of five members: the Treasurer, Controller, Director of Finance, Chairperson of the Energy Commission, and President of the Public Utilities Commission.
CAEATFA may provide financial assistance to approved projects via the issuance of bonds, loans, loan guarantees and credit enhancements. CAEATFA may authorize up to $1 billion in revenue or prepayment bonds to fund projects. Over the last few years, CAEATFA has provided financial assistance through various programs, including qualified energy conservation bonds for projects that promote the use of alternative energy and energy efficiency in state, local and tribal government facilities, as well as clean renewable energy bonds for renewable energy projects. In addition, with the passage of SB 71 (Padilla), Chapter 10, Statutes of 2010, CAEATFA is allowed to grant a SUT exemption to provide financial assistance for the purchase of equipment that is used for the design, manufacture, production, or assembly of "advanced transportation technologies" or "alternative source" products, components, or systems (SB 71 Program). Alternative source products include cogeneration technology, energy conservation, solar, biomass, wind, geothermal, specified hydro-electric, or any other energy efficient technologies that reduce the use of fossil and nuclear fuels. Alternative sources also include advanced electric distributive generation technology and energy storage technology. The SB 71 Program will sunset on January 1, 2021. In 2012, SB 1128 (Padilla), Chapter 677, Statutes of 2012, again expanded the SUT exclusion program to include advanced manufacturing projects.
Benefits Analysis: As noted above, CAEATFA may provide a SUT exclusion for the purpose of promoting the creation of California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or the reduction in air and water pollution or energy consumption. Before a SUT exclusion can be awarded, CAEATFA is required to determine the eligibility of individual projects based on a number of factors relating to a reduction in greenhouse gases and the creation of manufacturing jobs. An important factor that CAEATFA is required to consider is the extent to which the anticipated benefit to the state from the project equals or exceeds the loss of sales and use tax.
What Does this Bill Do? This bill expands the types of projects that may qualify for the SUT exclusion to include TPP that is either: a) primarily used to process recycled feedstock intended to be reused in the production of another product, or b) primarily utilizes recycled feedstock in the production of another product or soil amendment. "Recycled feedstock" is defined as materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
According to CalRecycle, between 6% (for multi-stream) and 81% (for mixed waste) of the incoming material at a Materials Recovery Facility (MRF) is usually sent to landfills for final disposal.1 MRFs receive recyclables and sorts the materials by type or grade to meet the commodity specifications. The inability of the MRF to recycle a larger portion of the materials is due, in part, to a lack of equipment capable of sorting the various plastics, paper, metals, and glass. The expansion of qualifying projects is meant to incentives the purchase of machinery that is better able to sort recyclable material, thereby reducing the amount of recyclable material that ends up in landfills.
The second provision of this bill provides a SUT exclusion for TPP that primarily utilizes recycled feedstock in the production of another product or soil amendment. According to CalRecycle, there are approximately 160 MRFs throughout the state, which sort recyclable material. Once recoverable materials are collected and sorted or processed, they are delivered to recycling or manufacturing markets in California, domestically and internationally. However, according to CalRecycle, there is a minimal manufacturing infrastructure in California for recycled glass, paper, plastic, and tires. If all of the reported material from processing facilities for glass, paper, and plastics went to manufacturing facilities in California, the supply would exceed the manufacturing capacity by more than 300%. Therefore, the inclusion of TPP that primarily utilizes recycled feedstock is meant to increase the manufacturing capacity of recycled material. Finally, within the second provision, this bill also provides a SUT exclusion for TPP that primarily uses recycled feedstock to create soil amendment.
Partial Sales and Use Tax Exemption: The rationale for providing a SUT exemption on business inputs is to reduce the imposition of a tax on a tax, otherwise known as "pyramiding". The SUT is paid when a business is considered to be the final consumer of tangible item. The tax paid on TPP is then incorporated into the cost of a consumer product, leading to double taxation. As noted by Joseph Henchman, "Ideally, a sales tax should be levied on all goods and services sold at retail, and to prevent distortions and hidden taxes, it should be levied only once on each good or service sold at retail." (Joseph Henchman, States Should Avoid Sales Taxes on Nonprofit Hospital Purchases, Tax Foundation, April 2008.) Ideally, taxes should only be levied once because pyramiding may cause consumers to favor goods and services that are provided by a single company instead of those that require multiple production steps. (Id.)
The passage of AB 93 (Budget Committee), Chapter 69, Statutes of 2013, and SB 90 (Galgiani), Chapter 70, Statutes of 2013, created California's first effort to grant a partial SUT exemption for taxpayers performing manufacturing or research and development in the state. There are a few differences between CAEATFA’s SUT exclusion and the state’s partial SUT exemption. The partial exemption rate is currently 4.1875%. The partial exemption provides that sales of the qualifying property sold to a qualified person be taxed at a rate of 3.3125% (7.50% current statewide tax rate – 4.1875% partial exemption) plus any applicable district taxes. Under CAEATFA, an approved project does not pay any SUT tax, including local and district taxes. Additionally, the state's SUT exemption is much broader and more readily available. So long as a business meets all requirements, a qualifying manufacturer can receive a partial SUT exemption. CAEATFA, however, is a more robust process, requiring the applicant to meet a set of criteria before the exclusion can apply. Furthermore, the programs appear to accomplish different goals. Both programs reduce the economic distortions related to taxing business inputs, but CAEATFA appears to also be concerned with encouraging projects that provide a greater return on investment for the state. As noted above, the anticipated project benefits, measured by the fiscal and environmental benefit to the state, must exceed the cost of forgone SUT. No such analysis is needed for the partial SUT exemption.
Analysis Prepared by: Carlos Anguiano / REV. & TAX. / (916) 319-2098 FN: 0001557
1 "Multi-stream" refers to incoming recyclables that have usually been collected separately from each other; for example, a curbside program that separates paper from glass or plastic prior to pick-up is considered "multi-stream". "Single-stream" refers to all incoming recyclables that have been collected in one stream, such as in a residential blue bin program. Recyclables collected in a single-stream manner often have a higher level of contamination than materials received through a multi-stream process. (State of Recycling in California, CalRecycle, March 2015.)
AB 199
Page 2
Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 199
(Eggman) – As Amended August 18, 2015
Policy Committee: |
Natural Resources |
Vote: |
9 - 0 |
|
Revenue and Taxation |
|
9 - 0 |
|
|
|
|
Urgency: Yes State Mandated Local Program: No Reimbursable: No
SUMMARY:
This urgency bill expands the sales and use tax exclusion (STE) under the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) to include projects that process or use recycled feedstock. Specifically, this bill:
Expands the definition of a "project" eligible for the STE to include tangible personal property if at least 50% of its use is to either process recycled feedstock intended to be reused in the production of another product or if it uses recycled feedstock in the production of another product or soil amendment.
Provides projects do not include tangible personal property that processes or uses recycled feedstock in a manner that would constitute disposal, as defined.
Defines "recycled feedstock" as material that would otherwise be destined for disposal, having completed its intended use and product lifecycle.
Defines "soil amendments" to include compost, gypsum, and phosphatic sulfide, as defined or a substance distributed for the purpose of promoting plant growth or improving the quality of crops by conditioning soils through physical means.
Sunsets January 1, 2021.
FISCAL EFFECT:
Although there may be the potential redirection of CAEATFA funds resulting from the eligibility expansion, the total impact of all CAEATFA-approved STEs to the General Fund is limited to $100 million annually. Further, according to CAEATFA, all projects that are approved for the STE have demonstrated that any costs to the state will be offset by the increased economic activity created by the project.
COMMENTS:
Purpose. According to the author, by targeting materials that would otherwise be landfilled or exported for recycling overseas, this bill creates a multiplier effect in terms of job creation and tax revenue.
Background. CAEATFA is authorized to provide eligible projects with financial assistance in the form of a STE on property used for the design, manufacture, production, or assembly of advanced transportation technologies or alternative energy source products, components or systems, as prescribed. To date, CAEATFA has approved financial assistance to private entities for projects that include: electric vehicle manufacturing, solar photovoltaic manufacturing, landfill gas capture and production, biogas capture and production (at dairies and waste water treatment plants), demonstration hydrogen fuel production, electric vehicle battery manufacturing, and biomass processing and fuel production.
Applicants must meet criteria developed by CAEATFA. In order to qualify for a STE, the applicant must demonstrate that the property to be purchased will be used to design, manufacture, produce, or assemble an eligible advanced transportation technology or alternative source product – including energy efficiency – component or system. Eligible projects must meet evaluation criteria relating to the fiscal and environmental benefits of the project and to compare those benefits to the cost of the STE. While there are no maximum or minimum limits on individual STEs, the program is limited to $100 million annually.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
AB 199
Page 6
Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
Philip Ting, Chair
AB 199 (
Eggman) – As Amended June 9, 2015
SUSPENSE
SUBJECT: Alternative energy: recycled feedstock.
2/3 vote. Fiscal committee. Urgency.
SUBJECT: Alternative energy: recycled feedstock.
SUMMARY: Expands the sales and use tax (SUT) exclusion under the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) by revising the definition of a “project” to include tangible personal property (TPP) that primarily processes or uses "recycled feedstock." Specifically, this bill:
Modifies the definition of “project” to include TPP that primarily processes recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment.
Defines “recycled feedstock” as material that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
Provides that a “project” does not include TPP that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined pursuant to Public Resources Code Section 40192.
Provides that this is an urgency statute necessary for the immediate preservation of the public peace, health or safety.
EXISTING LAW:
Creates CAEATFA for the purpose of promoting the development and utilization of alternative energy sources and the development and commercialization of advanced transportation technologies.
Authorizes CAEATFA to provide financial assistance to certain facilities that use alternative energy sources and technologies, develop advanced manufacturing, or are needed to develop and commercialize advanced transportation technologies that conserve energy, reduce air pollution, and promote economic development and jobs.
Allows CAEATFA to provide eligible projects financial assistance in the form of a SUT exclusion on property used for the "design, manufacture, production, or assembly" of either advanced manufacturing, advanced transportation technologies, or alternative energy source products, components or system, as defined.
Requires a project to demonstrate that the benefits to the state from the project equals or exceeds the projected benefit to the participating party from the SUT exclusion.
Requires CAEATFA to provide 20-day notice to the Legislature once the value of SUT exemptions approved by CAEATFA exceeds $100 million. The notification must be provided prior to granting additional approvals.
Sunsets the CAEATFA's expanded authority to promote the use of advanced manufacturing on July 1, 2016.
Imposes a sales tax on a retailer's gross receipts from the retail sale of TPP in this state, unless the sale is specifically exempt from taxation by statute. It is presumed that gross receipts from a particular sale of TPP are subject to tax, unless the seller can establish either that the sale was not a retail transaction or that the sale is subject to an exemption.
FISCAL EFFECT: According to the Board of Equalization, “[e]xisting law limits the allowable [SUT] exclusion for all projects approved by CAEAFTA, including this bill’s described projects, to $100 million each calendar year. Between November 2010 and February 2015, CAEATFA has approved tax exclusions of over $283 million, but only $75 million has actually been claimed.”
COMMENTS:
Author’s Statement: The author has provided the following statement in support of this bill:
California exports 20 million tons of recyclables annually, worth nearly $8 billion. With AB 199, the state would help incentivize the recycling sector to invest more in manufacturing. Keeping more of these valuable materials in-state would allow Californians to share in both the environmental and economic benefits of their recycling.
Arguments in Support: The Natural Resources Defense Council states that “California’s commitment to recycling has diverted millions of tons of recyclable materials per year, cut greenhouse gases, and created thousands of jobs over the past two decades. However, most of what we continue to send to landfills is readily recyclable or compostable. AB 199 will help incentivize collecting, processing, and manufacturing these material into new products in the state. According to CalRecycle, for every ton of materials that gets recycled instead of being disposed, California’s 5,300 recycling establishments will pay an additional $101 in salaries, produce $275 more in goods and services, and generate $135 more in sales. Additionally, this generates a multiplier effect that supports the creation of jobs and tax revenue.”
CAEATFA Background: The California Alternative Energy Source Financing Authority was established in 1980 with an authorization of $200 million in revenue bonds to finance projects utilizing alternative or renewable energy sources, such as wind, solar, cogeneration and geothermal. In 1994, the authority was renamed "CAEATFA" and its charge was expanded to include the financing of "advanced transportation" technologies. During the energy crisis of 2001, CAEATFA's authority was expanded again to provide financial assistance to public power entities, independent generators, and others for new and renewable energy sources, and to develop clean distributed generation. The CAEATFA board consists of five members: the Treasurer, Controller, Director of Finance, Chairperson of the Energy Commission, and President of the Public Utilities Commission.
CAEATFA may provide financial assistance to approved projects via the issuance of bonds, loans, loan guarantees and credit enhancements. CAEATFA may authorize up to $1 billion in revenue or prepayment bonds to fund projects. Over the last few years, CAEATFA has provided financial assistance through various programs, including qualified energy conservation bonds for projects that promote the use of alternative energy and energy efficiency in state, local and tribal government facilities, as well as clean renewable energy bonds for renewable energy projects. In addition, with the passage of SB 71 (Padilla), Chapter 10, Statutes of 2010, CAEATFA is allowed to grant a SUT exemption to provide financial assistance for the purchase of equipment that is used for the design, manufacture, production, or assembly of "advanced transportation technologies" or "alternative source" products, components, or systems (SB 71 Program). Alternative source products include cogeneration technology, energy conservation, solar, biomass, wind, geothermal, specified hydro-electric, or any other energy efficient technologies that reduce the use of fossil and nuclear fuels. Alternative sources also include advanced electric distributive generation technology and energy storage technology. The SB 71 Program will sunset on January 1, 2021. In 2012, SB 1128 (Padilla), Chapter 677, Statutes of 2012, again expanded the SUT exclusion program to include advanced manufacturing projects.
Benefits Analysis: As noted above, CAEATFA may provide a SUT exclusion for the purpose of promoting the creation of California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or the reduction in air and water pollution or energy consumption. Before a SUT exclusion can be awarded, CAEATFA is required to determine the eligibility of individual projects based on a number of factors relating to a reduction in greenhouse gases and the creation of manufacturing jobs. An important factor that CAEATFA is required to consider is the extent to which the anticipated benefit to the state from the project equals or exceeds the loss of sales and use tax
What Does this Bill Do? This bill expands the types of projects that may qualify for the SUT exclusion to include TPP that is either: (a) primarily used to process recycled feedstock intended to be reused in the production of another product, or (b) primarily utilizes recycled feedstock in the production of another product or soil amendment. "Recycled feedstock" is defined as materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
According to CalRecycle, between 6% (for multi-stream) and 81% (for mixed waste) of the incoming material at a Materials Recovery Facility (MRF) is usually sent to landfills for final disposal.1 MRFs receive recyclables and sorts the materials by type or grade to meet the commodity specifications. The inability of the MRF to recycle a larger portion of the materials is due, in part, to a lack of equipment capable of sorting the various plastics, paper, metals, and glass. The expansion of qualifying projects is meant to incentives the purchase of machinery that is better able to sort recyclable material, thereby reducing the amount of recyclable material that ends up in landfills. Unfortunately, the term “processes” lacks clarity. Specifically, it is unclear if an exclusion from the SUT would be limited to equipment that can further refine the sorting of various recyclable materials.
The second provision of this bill provides a SUT exclusion for TPP that primarily utilizes recycled feedstock in the production of another product or soil amendment. According to CalRecycle, there are approximately 160 MRFs throughout the state, which sort recyclable material. Once recoverable materials are collected and sorted or processed, they are delivered to recycling or manufacturing markets in California, domestically and internationally. However, according to CalRecycle, there is a minimal manufacturing infrastructure in California for recycled glass, paper, plastic, and tires. If all of the reported material from processing facilities for glass, paper, and plastics went to manufacturing facilities in California, the supply would exceed the manufacturing capacity by more than 300%. Therefore, the inclusion of TPP that primarily utilizes recycled feedstock is meant to increase the manufacturing capacity of recycled material. Unfortunately, the term “primarily” is undefined. Under the language of this bill, a glass manufacturer can potentially qualify for a SUT exclusion for the purchase of a furnace used to create glass bottles with raw material so long as the furnace also uses recycled glass. Within the state’s partial SUT exemption, the term “primarily” means 50% or more; but without defining the term within this bill, the equipment used to manufacture products using recyclable feedstock can be incredibly broad. Finally, within the second provision, this bill also provides a SUT exclusion for TPP that primarily uses recycled feedstock to create soil amendment. The term “soil amendment,” again, lacks clarity. According to the author’s office, this term means "compost". As explained, the definitions used within this bill are incredibly broad. Therefore, the author may wish to provide definitions that better identify the equipment contemplated by this program.
Partial Sales and Use Tax Exemption: The rationale for providing a SUT exemption on business inputs is to reduce the imposition of a tax on a tax, otherwise known as "pyramiding". The SUT is paid when a business is considered to be the final consumer of tangible item. The tax paid on TPP is then incorporated into the cost of a consumer product, leading to double taxation. As noted by Joseph Henchman, “Ideally, a sales tax should be levied on all goods and services sold at retail, and to prevent distortions and hidden taxes, it should be levied only once on each good or service sold at retail.” (Joseph Henchman, States Should Avoid Sales Taxes on Nonprofit Hospital Purchases, Tax Foundation, April 2008.) Ideally, taxes should only be levied once because pyramiding may cause consumers to favor goods and services that are provided by a single company instead of those that require multiple production steps. (Id.)
The passage of AB 93 (Committee on Budget), Chapter 69, Statutes of 2013, and SB 90 (Galgiani), Chapter 70, Statutes of 2013, created California’s first effort to grant a partial SUT exemption for taxpayers performing manufacturing or research and development in the state. There are a few differences between CAEATFA’s SUT exclusion and the state’s partial SUT exemption. The partial exemption rate is currently 4.1875%. The partial exemption provides that sales of the qualifying property sold to a qualified person be taxed at a rate of 3.3125% (7.50% current statewide tax rate – 4.1875% partial exemption) plus any applicable district taxes. Under CAEATFA, an approved project does not pay any SUT tax, including local and district taxes. Additionally, the state’s SUT exemption is much broader and more readily available. So long as a business meets all requirements, a qualifying manufacturer can receive a partial SUT exemption. CAEATFA, however, is a more robust process, requiring the applicant to meet a set of criteria before the exclusion can apply. Furthermore, the programs appear to accomplish different goals. Both programs reduce the economic distortions related to taxing business inputs, but CAEATFA appears to also be concerned with encouraging projects that provide a greater return on investment for the state. As noted above, the anticipated project benefits, measured by the fiscal and environmental benefit to the state, must exceed the cost of forgone SUT. No such analysis is needed for the partial SUT exempt.
Double Referral: This bill was double-referred to the Assembly Committee on Natural Resources, which passed this bill on March 23, 2015, with a vote of 9-0. For additional discussion of this bill, please refer to the analysis prepared by the Assembly Committee on Natural Resources.
Related Legislation: AB 1269 (Dababneh) extends the authority of CAEATFA to grant financial assistance in the form of a SUT exclusion for projects that promote the use of advanced manufacturing until January 1, 2021. AB 1269 is currently pending hearing by the Senate Committee on Governance and Finance.
Prior Legislation:
AB 1021 (Eggman), of the 2013-14 Legislative Session, was substantially similar to this bill. AB 1021 was held on Senate Appropriation Committee's Suspense File
SB 1128 (Padilla), Chapter 677, Statutes of 2012, expands CAEATFA's SUT exclusion program to include advanced manufacturing projects.
SB 71 (Padilla), Chapter 10, Statutes of 2010, allows CAEATFA to grant a SUT exemption to provide financial assistance for the purchase of equipment that is used for the design, manufacture, production, or assembly of "advanced transportation technologies" or "alternative source" products, components, or systems.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Recycling Industries
Association of Compost Producers
Association of
Postconsumer Plastic Recyclers
California Association of
Sanitation Agencies
California Compost Coalition
California
Electronic Asset Recovery
California League of
Conservation Voters
California Manufacturing and Technology
Association
California Refuse Recycling Council
CarbonLITE
Industries
Command Packaging
CRM
CR&R
Environmental Services
Don't Waste LA Coalition
ECS Refining
Glass
Packaging Institute
Global
Plastics
Institute of Scrap Recycling Industries
Los
Angeles Alliance for a New Economy
Napa Recycling and Waste
Services
Natural Resources Defense Council
PC
Recycle
Potential Industries
Recology
RePet
RePlanet
Republic Services
Solid Waste Association of North America
State of California,
Treasurer
StopWaste
Strategic Materials
Tri-City Economic Development Corporation
Talco
Plastics
Verdeco Recycling
Waste Management
Opposition
None on file
Analysis Prepared by: Carlos Anguiano / REV. & TAX. / (916) 319-2098
1 "Multi-stream" refers to incoming recyclables that have usually been collected separately from each other; for example, a curbside program that separates paper from glass or plastic prior to pick-up is considered "multi-stream". "Single-stream" refers to all incoming recyclables that have been collected in one stream, such as in a residential blue bin program. Recyclables collected in a single-stream manner often have a higher level of contamination than materials received through a multi-stream process. (State of Recycling in California, CalRecycle, March 2015.)
AB 199
Page 6
Date of Hearing: May 18, 2015
ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
Philip Ting, Chair
AB 199 (
Eggman) – As Introduced January 29, 2015
SUSPENSE
2/3 vote. Fiscal committee. Urgency.
SUBJECT: Alternative energy: recycled feedstock.
SUMMARY: Expands the sales and use tax (SUT) exclusion under the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) by revising the definition of a “project” to include tangible personal property (TPP) that primarily processes or uses "recycled feedstock." Specifically, this bill:
Modifies the definition of “project” to include TPP that primarily processes recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment.
Defines “recycled feedstock” as material that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
Provides that a “project” does not include TPP that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined pursuant to Public Resources Code Section 40192.
Provides that this is an urgency statute necessary for the immediate preservation of the public peace, health or safety.
EXISTING LAW:
Creates CAEATFA for the purpose of promoting the development and utilization of alternative energy sources and the development and commercialization of advanced transportation technologies.
Authorizes CAEATFA to provide financial assistance to certain facilities that use alternative energy sources and technologies, develop advanced manufacturing, or are needed to develop and commercialize advanced transportation technologies that conserve energy, reduce air pollution, and promote economic development and jobs.
Allows CAEATFA to provide eligible projects financial assistance in the form of a SUT exclusion on property used for the "design, manufacture, production, or assembly" of either advanced manufacturing, advanced transportation technologies, or alternative energy source products, components or system, as defined.
Requires a project to demonstrate that the benefits to the state from the project equals or exceeds the projected benefit to the participating party from the SUT exclusion.
Requires CAEATFA to provide 20-day notice to the Legislature once the value of SUT exemptions approved by CAEATFA exceeds $100 million. The notification must be provided prior to granting additional approvals.
Sunsets the CAEATFA's expanded authority to promote the use of advanced manufacturing on July 1, 2016.
Imposes a sales tax on a retailer's gross receipts from the retail sale of TPP in this state, unless the sale is specifically exempt from taxation by statute. It is presumed that gross receipts from a particular sale of TPP are subject to tax, unless the seller can establish either that the sale was not a retail transaction or that the sale is subject to an exemption.
FISCAL EFFECT: According to the Board of Equalization, “[e]xisting law limits the allowable [SUT] exclusion for all projects approved by CAEAFTA, including this bill’s described projects, to $100 million each calendar year. Between November 2010 and February 2015, CAEATFA has approved tax exclusions of over $283 million, but only $75 million has actually been claimed.”
COMMENTS:
Author’s Statement: The author has provided the following statement in support of this bill:
California exports 20 million tons of recyclables annually, worth nearly $8 billion. With AB 199, the state would help incentivize the recycling sector to invest more in manufacturing. Keeping more of these valuable materials in-state would allow Californians to share in both the environmental and economic benefits of their recycling.
Arguments in Support: The Natural Resources Defense Council states that “California’s commitment to recycling has diverted millions of tons of recyclable materials per year, cut greenhouse gases, and created thousands of jobs over the past two decades. However, most of what we continue to send to landfills is readily recyclable or compostable. AB 199 will help incentivize collecting, processing, and manufacturing these material into new products in the state. According to CalRecycle, for every ton of materials that gets recycled instead of being disposed, California’s 5,300 recycling establishments will pay an additional $101 in salaries, produce $275 more in goods and services, and generate $135 more in sales. Additionally, this generates a multiplier effect that supports the creation of jobs and tax revenue.”
CAEATFA Background: The California Alternative Energy Source Financing Authority was established in 1980 with an authorization of $200 million in revenue bonds to finance projects utilizing alternative or renewable energy sources, such as wind, solar, cogeneration and geothermal. In 1994, the authority was renamed "CAEATFA" and its charge was expanded to include the financing of "advanced transportation" technologies. During the energy crisis of 2001, CAEATFA's authority was expanded again to provide financial assistance to public power entities, independent generators, and others for new and renewable energy sources, and to develop clean distributed generation. The CAEATFA board consists of five members: the Treasurer, Controller, Director of Finance, Chairperson of the Energy Commission, and President of the Public Utilities Commission.
CAEATFA may provide financial assistance to approved projects via the issuance of bonds, loans, loan guarantees and credit enhancements. CAEATFA may authorize up to $1 billion in revenue or prepayment bonds to fund projects. Over the last few years, CAEATFA has provided financial assistance through various programs, including qualified energy conservation bonds for projects that promote the use of alternative energy and energy efficiency in state, local and tribal government facilities, as well as clean renewable energy bonds for renewable energy projects. In addition, with the passage of SB 71 (Padilla), Chapter 10, Statutes of 2010, CAEATFA is allowed to grant a SUT exemption to provide financial assistance for the purchase of equipment that is used for the design, manufacture, production, or assembly of "advanced transportation technologies" or "alternative source" products, components, or systems (SB 71 Program). Alternative source products include cogeneration technology, energy conservation, solar, biomass, wind, geothermal, specified hydro-electric, or any other energy efficient technologies that reduce the use of fossil and nuclear fuels. Alternative sources also include advanced electric distributive generation technology and energy storage technology. The SB 71 Program will sunset on January 1, 2021. In 2012, SB 1128 (Padilla), Chapter 677, Statutes of 2012, again expanded the SUT exclusion program to include advanced manufacturing projects.
Benefits Analysis: As noted above, CAEATFA may provide a SUT exclusion for the purpose of promoting the creation of California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or the reduction in air and water pollution or energy consumption. Before a SUT exclusion can be awarded, CAEATFA is required to determine the eligibility of individual projects based on a number of factors relating to a reduction in greenhouse gases and the creation of manufacturing jobs. An important factor that CAEATFA is required to consider is the extent to which the anticipated benefit to the state from the project equals or exceeds the loss of sales and use tax
What Does this Bill Do? This bill expands the types of projects that may qualify for the SUT exclusion to include TPP that is either: (a) primarily used to process recycled feedstock intended to be reused in the production of another product, or (b) primarily utilizes recycled feedstock in the production of another product or soil amendment. "Recycled feedstock" is defined as materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
According to CalRecycle, between 6% (for multi-stream) and 81% (for mixed waste) of the incoming material at a Materials Recovery Facility (MRF) is usually sent to landfills for final disposal.1 MRFs receive recyclables and sorts the materials by type or grade to meet the commodity specifications. The inability of the MRF to recycle a larger portion of the materials is due, in part, to a lack of equipment capable of sorting the various plastics, paper, metals, and glass. The expansion of qualifying projects is meant to incentives the purchase of machinery that is better able to sort recyclable material, thereby reducing the amount of recyclable material that ends up in landfills. Unfortunately, the term “processes” lacks clarity. Specifically, it is unclear if an exclusion from the SUT would be limited to equipment that can further refine the sorting of various recyclable materials.
The second provision of this bill provides a SUT exclusion for TPP that primarily utilizes recycled feedstock in the production of another product or soil amendment. According to CalRecycle, there are approximately 160 MRFs throughout the state, which sort recyclable material. Once recoverable materials are collected and sorted or processed, they are delivered to recycling or manufacturing markets in California, domestically and internationally. However, according to CalRecycle, there is a minimal manufacturing infrastructure in California for recycled glass, paper, plastic, and tires. If all of the reported material from processing facilities for glass, paper, and plastics went to manufacturing facilities in California, the supply would exceed the manufacturing capacity by more than 300%. Therefore, the inclusion of TPP that primarily utilizes recycled feedstock is meant to increase the manufacturing capacity of recycled material. Unfortunately, the term “primarily” is undefined. Under the language of this bill, a glass manufacturer can potentially qualify for a SUT exclusion for the purchase of a furnace used to create glass bottles with raw material so long as the furnace also uses recycled glass. Within the state’s partial SUT exemption, the term “primarily” means 50% or more; but without defining the term within this bill, the equipment used to manufacture products using recyclable feedstock can be incredibly broad. Finally, within the second provision, this bill also provides a SUT exclusion for TPP that primarily uses recycled feedstock to create soil amendment. The term “soil amendment,” again, lacks clarity. According to the author’s office, this term means "compost". As explained, the definitions used within this bill are incredibly broad. Therefore, the author may wish to provide definitions that better identify the equipment contemplated by this program.
Partial Sales and Use Tax Exemption: The rationale for providing a SUT exemption on business inputs is to reduce the imposition of a tax on a tax, otherwise known as "pyramiding". The SUT is paid when a business is considered to be the final consumer of tangible item. The tax paid on TPP is then incorporated into the cost of a consumer product, leading to double taxation. As noted by Joseph Henchman, “Ideally, a sales tax should be levied on all goods and services sold at retail, and to prevent distortions and hidden taxes, it should be levied only once on each good or service sold at retail.” (Joseph Henchman, States Should Avoid Sales Taxes on Nonprofit Hospital Purchases, Tax Foundation, April 2008.) Ideally, taxes should only be levied once because pyramiding may cause consumers to favor goods and services that are provided by a single company instead of those that require multiple production steps. (Id.)
The passage of AB 93 (Committee on Budget), Chapter 69, Statutes of 2013, and SB 90 (Galgiani), Chapter 70, Statutes of 2013, created California’s first effort to grant a partial SUT exemption for taxpayers performing manufacturing or research and development in the state. There are a few differences between CAEATFA’s SUT exclusion and the state’s partial SUT exemption. The partial exemption rate is currently 4.1875%. The partial exemption provides that sales of the qualifying property sold to a qualified person be taxed at a rate of 3.3125% (7.50% current statewide tax rate – 4.1875% partial exemption) plus any applicable district taxes. Under CAEATFA, an approved project does not pay any SUT tax, including local and district taxes. Additionally, the state’s SUT exemption is much broader and more readily available. So long as a business meets all requirements, a qualifying manufacturer can receive a partial SUT exemption. CAEATFA, however, is a more robust process, requiring the applicant to meet a set of criteria before the exclusion can apply. Furthermore, the programs appear to accomplish different goals. Both programs reduce the economic distortions related to taxing business inputs, but CAEATFA appears to also be concerned with encouraging projects that provide a greater return on investment for the state. As noted above, the anticipated project benefits, measured by the fiscal and environmental benefit to the state, must exceed the cost of forgone SUT. No such analysis is needed for the partial SUT exempt.
Double Referral: This bill was double-referred to the Assembly Committee on Natural Resources, which passed this bill on March 23, 2015, with a vote of 9-0. For additional discussion of this bill, please refer to the analysis prepared by the Assembly Committee on Natural Resources.
Related Legislation: AB 1269 (Dababneh) extends the authority of CAEATFA to grant financial assistance in the form of a SUT exclusion for projects that promote the use of advanced manufacturing until January 1, 2021. AB 1269 is currently pending hearing by the Assembly Appropriations Committee.
Prior Legislation:
AB 1021 (Eggman), of the 2013-14 Legislative Session, was substantially similar to this bill. AB 1021 was held on Senate Appropriation Committee's Suspense File
.
SB 1128 (Padilla), Chapter 677, Statutes of 2012, expands CAEATFA's SUT exclusion program to include advanced manufacturing projects.
SB 71 (Padilla), Chapter 10, Statutes of 2010, allows CAEATFA to grant a SUT exemption to provide financial assistance for the purchase of equipment that is used for the design, manufacture, production, or assembly of "advanced transportation technologies" or "alternative source" products, components, or systems.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California Recycling Industries
Association of Compost Producers
Association of
Postconsumer Plastic Recyclers
California Association of
Sanitation Agencies
California Compost Coalition
California
Electronic Asset Recovery
California Manufacturing and
Technology Association
California Refuse Recycling Council
CarbonLITE
Industries
Command Packaging
CRM
CR&R
Environmental Services
Don't Waste LA Coalition
ECS Refining
Glass
Packaging Institute
Global
Plastics
Institute of Scrap Recycling Industries
Los
Angeles Alliance for a New Economy
Napa Recycling and Waste
Services
Natural Resources Defense Council
PC
Recycle
Potential Industries
Recology
RePet
RePlanet
Republic Services
Solid Waste Association of North America
State of California,
Treasurer
StopWaste
Strategic Materials
Tri-City Economic Development Corporation
Talco
Plastics
Verdeco Recycling
Waste Management
Opposition
None on file
Analysis Prepared by: Carlos Anguiano / REV. & TAX. / (916) 319-2098
1 "Multi-stream" refers to incoming recyclables that have usually been collected separately from each other; for example, a curbside program that separates paper from glass or plastic prior to pick-up is considered "multi-stream". "Single-stream" refers to all incoming recyclables that have been collected in one stream, such as in a residential blue bin program. Recyclables collected in a single-stream manner often have a higher level of contamination than materials received through a multi-stream process. (State of Recycling in California, CalRecycle, March 2015.)
AB 199
Page 6
Date of Hearing: May 11, 2015
ASSEMBLY COMMITTEE ON REVENUE AND TAXATION
Philip Ting, Chair
AB 199 (
Eggman) – As Introduced January 29, 2015
2/3 vote. Fiscal committee. Urgency.
SUBJECT: Alternative energy: recycled feedstock.
SUMMARY: Expands the sales and use tax (SUT) exclusion under the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) by revising the definition of a “project” to include tangible personal property (TPP) that primarily processes or uses "recycled feedstock." Specifically, this bill:
Modifies the definition of “project” to include TPP that primarily processes recycled feedstock that is intended to be reused in the production of another product or utilizes recycled feedstock in the production of another product or soil amendment.
Defines “recycled feedstock” as material that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
Provides that a “project” does not include TPP that processes or utilizes recycled feedstock in a manner that would constitute disposal as defined pursuant to Public Resources Code Section 40192.
Provides that this is an urgency statute necessary for the immediate preservation of the public peace, health or safety.
EXISTING LAW:
Creates CAEATFA for the purpose of promoting the development and utilization of alternative energy sources and the development and commercialization of advanced transportation technologies.
Authorizes CAEATFA to provide financial assistance to certain facilities that use alternative energy sources and technologies, develop advanced manufacturing, or are needed to develop and commercialize advanced transportation technologies that conserve energy, reduce air pollution, and promote economic development and jobs.
Allows CAEATFA to provide eligible projects financial assistance in the form of a SUT exclusion on property used for the "design, manufacture, production, or assembly" of either advanced manufacturing, advanced transportation technologies, or alternative energy source products, components or system, as defined.
Requires a project to demonstrate that the benefits to the state from the project equals or exceeds the projected benefit to the participating party from the SUT exclusion.
Requires CAEATFA to provide 20-day notice to the Legislature once the value of SUT exemptions approved by CAEATFA exceeds $100 million. The notification must be provided prior to granting additional approvals.
Sunsets the CAEATFA's expanded authority to promote the use of advanced manufacturing on July 1, 2016.
Imposes a sales tax on a retailer's gross receipts from the retail sale of TPP in this state, unless the sale is specifically exempt from taxation by statute. It is presumed that gross receipts from a particular sale of TPP are subject to tax, unless the seller can establish either that the sale was not a retail transaction or that the sale is subject to an exemption.
FISCAL EFFECT: According to the Board of Equalization, “[e]xisting law limits the allowable [SUT] exclusion for all projects approved by CAEAFTA, including this bill’s described projects, to $100 million each calendar year. Between November 2010 and February 2015, CAEATFA has approved tax exclusions of over $283 million, but only $75 million has actually been claimed.”
COMMENTS:
Author’s Statement: The author has provided the following statement in support of this bill:
California exports 20 million tons of recyclables annually, worth nearly $8 billion. With AB 199, the state would help incentivize the recycling sector to invest more in manufacturing. Keeping more of these valuable materials in-state would allow Californians to share in both the environmental and economic benefits of their recycling.
Arguments in Support: The Natural Resources Defense Council states that “California’s commitment to recycling has diverted millions of tons of recyclable materials per year, cut greenhouse gases, and created thousands of jobs over the past two decades. However, most of what we continue to send to landfills is readily recyclable or compostable. AB 199 will help incentivize collecting, processing, and manufacturing these material into new products in the state. According to CalRecycle, for every ton of materials that gets recycled instead of being disposed, California’s 5,300 recycling establishments will pay an additional $101 in salaries, produce $275 more in goods and services, and generate $135 more in sales. Additionally, this generates a multiplier effect that supports the creation of jobs and tax revenue.”
CAEATFA Background: The California Alternative Energy Source Financing Authority was established in 1980 with an authorization of $200 million in revenue bonds to finance projects utilizing alternative or renewable energy sources, such as wind, solar, cogeneration and geothermal. In 1994, the authority was renamed "CAEATFA" and its charge was expanded to include the financing of "advanced transportation" technologies. During the energy crisis of 2001, CAEATFA's authority was expanded again to provide financial assistance to public power entities, independent generators, and others for new and renewable energy sources, and to develop clean distributed generation. The CAEATFA board consists of five members: the Treasurer, Controller, Director of Finance, Chairperson of the Energy Commission, and President of the Public Utilities Commission.
CAEATFA may provide financial assistance to approved projects via the issuance of bonds, loans, loan guarantees and credit enhancements. CAEATFA may authorize up to $1 billion in revenue or prepayment bonds to fund projects. Over the last few years, CAEATFA has provided financial assistance through various programs, including qualified energy conservation bonds for projects that promote the use of alternative energy and energy efficiency in state, local and tribal government facilities, as well as clean renewable energy bonds for renewable energy projects. In addition, with the passage of SB 71 (Padilla), Chapter 10, Statutes of 2010, CAEATFA is allowed to grant a SUT exemption to provide financial assistance for the purchase of equipment that is used for the design, manufacture, production, or assembly of "advanced transportation technologies" or "alternative source" products, components, or systems (SB 71 Program). Alternative source products include cogeneration technology, energy conservation, solar, biomass, wind, geothermal, specified hydro-electric, or any other energy efficient technologies that reduce the use of fossil and nuclear fuels. Alternative sources also include advanced electric distributive generation technology and energy storage technology. The SB 71 Program will sunset on January 1, 2021. In 2012, SB 1128 (Padilla), Chapter 677, Statutes of 2012, again expanded the SUT exclusion program to include advanced manufacturing projects.
Benefits Analysis: As noted above, CAEATFA may provide a SUT exclusion for the purpose of promoting the creation of California-based manufacturing, California-based jobs, advanced manufacturing, the reduction of greenhouse gases, or the reduction in air and water pollution or energy consumption. Before a SUT exclusion can be awarded, CAEATFA is required to determine the eligibility of individual projects based on a number of factors relating to a reduction in greenhouse gases and the creation of manufacturing jobs. An important factor that CAEATFA is required to consider is the extent to which the anticipated benefit to the state from the project equals or exceeds the loss of sales and use tax
What Does this Bill Do? This bill expands the types of projects that may qualify for the SUT exclusion to include TPP that is either: (a) primarily used to process recycled feedstock intended to be reused in the production of another product, or (b) primarily utilizes recycled feedstock in the production of another product or soil amendment. "Recycled feedstock" is defined as materials that would otherwise be destined for disposal, having completed its intended end use and product lifecycle.
According to CalRecycle, between 6% (for multi-stream) and 81% (for mixed waste) of the incoming material at a Materials Recovery Facility (MRF) is usually sent to landfills for final disposal.1 MRFs receive recyclables and sorts the materials by type or grade to meet the commodity specifications. The inability of the MRF to recycle a larger portion of the materials is due, in part, to a lack of equipment capable of sorting the various plastics, paper, metals, and glass. The expansion of qualifying projects is meant to incentives the purchase of machinery that is better able to sort recyclable material, thereby reducing the amount of recyclable material that ends up in landfills. Unfortunately, the term “processes” lacks clarity. Specifically, it is unclear if an exclusion from the SUT would be limited to equipment that can further refine the sorting of various recyclable materials.
The second provision of this bill provides a SUT exclusion for TPP that primarily utilizes recycled feedstock in the production of another product or soil amendment. According to CalRecycle, there are approximately 160 MRFs throughout the state, which sort recyclable material. Once recoverable materials are collected and sorted or processed, they are delivered to recycling or manufacturing markets in California, domestically and internationally. However, according to CalRecycle, there is a minimal manufacturing infrastructure in California for recycled glass, paper, plastic, and tires. If all of the reported material from processing facilities for glass, paper, and plastics went to manufacturing facilities in California, the supply would exceed the manufacturing capacity by more than 300%. Therefore, the inclusion of TPP that primarily utilizes recycled feedstock is meant to increase the manufacturing capacity of recycled material. Unfortunately, the term “primarily” is undefined. Under the language of this bill, a glass manufacturer can potentially qualify for a SUT exclusion for the purchase of a furnace used to create glass bottles with raw material so long as the furnace also uses recycled glass. Within the state’s partial SUT exemption, the term “primarily” means 50% or more; but without defining the term within this bill, the equipment used to manufacture products using recyclable feedstock can be incredibly broad. Finally, within the second provision, this bill also provides a SUT exclusion for TPP that primarily uses recycled feedstock to create soil amendment. The term “soil amendment,” again, lacks clarity. According to the author’s office, this term means "compost". As explained, the definitions used within this bill are incredibly broad. Therefore, the author may wish to provide definitions that better identify the equipment contemplated by this program.
Partial Sales and Use Tax Exemption: The rationale for providing a SUT exemption on business inputs is to reduce the imposition of a tax on a tax, otherwise known as "pyramiding". The SUT is paid when a business is considered to be the final consumer of tangible item. The tax paid on TPP is then incorporated into the cost of a consumer product, leading to double taxation. As noted by Joseph Henchman, “Ideally, a sales tax should be levied on all goods and services sold at retail, and to prevent distortions and hidden taxes, it should be levied only once on each good or service sold at retail.” (Joseph Henchman, States Should Avoid Sales Taxes on Nonprofit Hospital Purchases, Tax Foundation, April 2008.) Ideally, taxes should only be levied once because pyramiding may cause consumers to favor goods and services that are provided by a single company instead of those that require multiple production steps. (Id.)
The passage of AB 93 (Committee on Budget), Chapter 69, Statutes of 2013, and SB 90 (Galgiani), Chapter 70, Statutes of 2013, created California’s first effort to grant a partial SUT exemption for taxpayers performing manufacturing or research and development in the state. There are a few differences between CAEATFA’s SUT exclusion and the state’s partial SUT exemption. The partial exemption rate is currently 4.1875%. The partial exemption provides that sales of the qualifying property sold to a qualified person be taxed at a rate of 3.3125% (7.50% current statewide tax rate – 4.1875% partial exemption) plus any applicable district taxes. Under CAEATFA, an approved project does not pay any SUT tax, including local and district taxes. Additionally, the state’s SUT exemption is much broader and more readily available. So long as a business meets all requirements, a qualifying manufacturer can receive a partial SUT exemption. CAEATFA, however, is a more robust process, requiring the applicant to meet a set of criteria before the exclusion can apply. Furthermore, the programs appear to accomplish different goals. Both programs reduce the economic distortions related to taxing business inputs, but CAEATFA appears to also be concerned with encouraging projects that provide a greater return on investment for the state. As noted above, the anticipated project benefits, measured by the fiscal and environmental benefit to the state, must exceed the cost of forgone SUT. No such analysis is needed for the partial SUT exempt.
Double Referral: This bill was double-referred to the Assembly Committee on Natural Resources, which passed this bill on March 23, 2015, with a vote of 9-0. For additional discussion of this bill, please refer to the analysis prepared by the Assembly Committee on Natural Resources.
Related Legislation: AB 1269 (Dababneh) extends the authority of CAEATFA to grant financial assistance in the form of a SUT exclusion for projects that promote the use of advanced manufacturing until January 1, 2021. AB 1269 is currently pending hearing by the Assembly Appropriations Committee.
Prior Legislation:
AB 1021 (Eggman), of the 2013-14 Legislative Session, was substantially similar to this bill. AB 1021 was held on Senate Appropriation Committee's Suspense File
.
SB 1128 (Padilla), Chapter 677, Statutes of 2012, expands CAEATFA's SUT exclusion program to include advanced manufacturing projects.
SB 71 (Padilla), Chapter 10, Statutes of 2010, allows CAEATFA to grant a SUT exemption to provide financial assistance for the purchase of equipment that is used for the design, manufacture, production, or assembly of "advanced transportation technologies" or "alternative source" products, components, or systems.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of Compost Producers
Association of
Postconsumer Plastic Recyclers
California Association of
Sanitation Agencies
California Compost Coalition
California
Electronic Asset Recovery
California Manufacturing and
Technology Association
California Refuse Recycling Council
CarbonLITE
Industries
Command Packaging
CRM
CR&R
Environmental Services
Don't Waste LA Coalition
ECS Refining
Glass
Packaging Institute
Global
Plastics
Institute of Scrap Recycling Industries
Los
Angeles Alliance for a New Economy
Napa Recycling and Waste
Services
Natural Resources Defense Council
PC
Recycle
Recology
RePet
RePlanet
Republic Services
Solid Waste Association of North America
State of California,
Treasurer
StopWaste
Strategic Materials
Tri-City Economic Development Corporation
Talco
Plastics
Verdeco Recycling
Waste Management
Opposition
None on file
Analysis Prepared by: Carlos Anguiano / REV. & TAX. / (916) 319-2098
1 "Multi-stream" refers to incoming recyclables that have usually been collected separately from each other; for example, a curbside program that separates paper from glass or plastic prior to pick-up is considered "multi-stream". "Single-stream" refers to all incoming recyclables that have been collected in one stream, such as in a residential blue bin program. Recyclables collected in a single-stream manner often have a higher level of contamination than materials received through a multi-stream process. (State of Recycling in California, CalRecycle, March 2015.)
AB 199
Page 5
Date of Hearing: March 23, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 199
(Eggman) – As Introduced January 29, 2015
SUBJECT:
Alternative energy: recycled feedstock.
SUMMARY:
Makes projects that use "recycled feedstock" eligible for sales and use tax exclusions (STEs) authorized by the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA).
EXISTING LAW:
Establishes the California Global Warming Solutions Act of 2006 (AB 32), which:
Requires the California Air Resources Board (ARB) to adopt regulations requiring the reporting and verification of statewide GHG emissions;
Requires ARB to adopt a statewide GHG emissions limit equivalent to 1990 emissions levels, to be achieved by 2020; and,
Authorizes ARB to use market-based compliance mechanisms to comply with the regulations.
Establishes the California Integrated Waste Management Act of 1989, which requires local jurisdictions to divert 50% of solid waste generated from landfill disposal and establishes a state policy goal that 75% of solid waste generated statewide be diverted from landfill disposal by 2020.
Authorizes CAEATFA to provide financing for facilities that use alternative energy sources and technologies. CAEATFA can issue revenue bonds (without voter approval), make loans, loan loss reserves, loan guarantees, and authorize STEs to develop and commercialize alternative energy projects and "advanced transportation technologies" that conserve energy, reduce air pollution, and promote economic development and jobs.
THIS BILL:
Expands the definition of a "project" eligible for a STE to include tangible personal property that processes or utilizes recycled feedstock that is intended to be reused in the production of another product or soil amendment.
Defines "recycled feedstock" as material that would otherwise be destined for disposal, having completed its intended use and product lifecycle.
Includes an urgency clause.
FISCAL EFFECT:
Unknown. The total impact of all CAEATFA approved STEs to the General Fund is limited to $100 million annually. According to CAEATFA, all projects that are approved for the STE have demonstrated that any costs to the state will be offset by the increased economic activity created by the project.
COMMENTS:
This bill. According to the author:
By targeting materials that would otherwise be landfilled or exported for recycling overseas, AB 199 creates a multiplier effect in terms of job creation and tax revenue. This bill has an urgency clause for several reasons. The inconsistent application of existing "partial" sales tax exemption has created uncertainty and an uneven playing field for the recycling processing and manufacturing sector. Moreover, drastic drops in oil prices have had the effect of undermining the demand and price for California-generated recycled materials – California recycled material processors and recycled product makers are starting to lose market share to out of state/country "virgin" producers. Similarly, recent market and policy drivers have led to decreases in the quality and supply of recycled glass, requiring significant near term investment in new equipment. Finally, the implementation of the state's 75% recycling goal and recent organics recovery policies has created an immediate demand for increased recycled material processing and manufacturing infrastructure.
Why recycling? According to ARB, a total reduction of 80 million metric tons (MMT), or 16% compared to business as usual, is necessary to reduce statewide GHG emissions to 1990 levels by 2020. ARB intends to achieve approximately 78% of the reductions through direct regulations. ARB proposes to achieve the balance of reductions necessary to meet the 2020 limit (approximately 18 MMT) through a cap-and-trade program. The Cap-and-Trade Auction Proceeds Investment Plan: Fiscal Years 2013-14 through 2015-16 identifies the state's GHG emission reduction goals and priority programs and identifies three sectors as investment priorities: sustainable communities and clean transportation; energy efficiency and clean energy; and, natural resources and waste diversion.
Traditional recycling and organics management provide significant GHG reductions over landfilling. Recycling materials avoids the GHG emissions generated by extracting raw materials, primary processing, and the transportation of those materials. Recycling has also been shown to create local jobs in California, rather than importing raw materials from overseas. For example, for every 1% increase in recycled content used in glass manufacturing, there is a corresponding 1% decrease in air emissions from glass manufacturing plants, as well as related reductions from the reduced need for raw materials.
Composting and other organics processing technologies, including anaerobic digestion, reduce GHGs by avoiding the emissions that would be generated by the material's decomposition in a landfill. Landfill gas is generated by the decomposition of organic materials such as food, paper, wood, and yard waste. Fifty percent of landfill gas is methane (CH4), a potent short-lived climate pollutant. According to the US EPA, "in 2012, CH4 accounted for about 9% of all US GHG emissions from human activities… Methane's lifetime in the atmosphere is much shorter than carbon dioxide (CO2), but CH4 is more efficient at trapping radiation than CO2. Pound for pound, the comparative impact of CH4 on climate change is over 20 times greater than CO2 over a 100-year period." While most modern landfills have systems in place to capture methane, significant amounts continue to escape into the atmosphere. According to ARB's GHG inventory, approximately 7 million tons of CO2 equivalent are released annually. That number is expected to increase to 8.5 million tons of CO2 equivalent by 2020. Soil amendments produced by organic waste have been shown to improve soil health and structure, increase drought resistance, and reduce the need for water, chemical fertilizers, and pesticides. A recent study also found that the application of compost to rangelands has significant potential for carbon sequestration.
In addition to GHG emissions reductions, increased recycling (including organic waste processing) is needed to achieve the state's ambitious 75% recycling goal.
STE eligibility. CAEATFA is authorized to provide eligible projects financial assistance in the form of a STE on property used for the "design, manufacture, production, or assembly" of advanced transportation technologies or alternative energy source products, components or systems, as prescribed. To date, CAEATFA has approved financial assistance to private entities for projects that include: electric vehicle manufacturing, solar photovoltaic manufacturing, landfill gas capture and production, biogas capture and production (at dairies and waste water treatment plants), demonstration hydrogen fuel production, electric vehicle battery manufacturing, and biomass processing and fuel production.
Applicants must meet criteria developed by CAEATFA. In order to qualify for a STE, the applicant must demonstrate that the equipment to be purchased will be used to design, manufacture, produce, or assemble an eligible advanced transportation technology or alternative source product – including energy efficiency – component or system. Eligible projects must meet evaluation criteria relating to the fiscal and environmental benefits of the project and to compare those benefits to the cost of the STE. While there are no maximum or minimum limits on individual STEs, the program is limited to $100 million annually.
According to State Treasurer John Chiang:
AB 199 will have no negative
impact on the state budget because California manufacturers would not
invest in the recycling equipment without the tax exemption.
Additionally, projects must meet the "net benefits test" by
showing that the new project will create jobs in the state.
As
of December 31, 2013, 48 CAETFTA applications were approved for $1.68
billion in anticipated qualified property purchases, resulting in
$137.4 million in sales and use tax exclusions and the creation of
8,164 jobs, 689 of which are attributable to the CAETFTA Program.
The projects are anticipated to produce an estimated $79.2 million in
environmental benefits and $185.4 million in fiscal benefits,
resulting in $127.2 million in net benefits to the state.
Previous legislation. The author of this bill carried AB 1021 in 2013, which was substantially similar to AB 199. AB 1021 was held in the Senate Appropriations Committee.
Double referral. This bill is double referred to the Revenue and Taxation Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of Compost Producers
California Association of
Sanitation Agencies
California Compost Coalition
California
Electronic Asset Recovery
California Manufacturing and
Technology Association
California Resource Recovery
Association
Californians Against Waste
CarbonLITE
Industries
Command Packaging
Cornerstone Environmental
CRM Co.
CR&R Environmental Services ECS Refining
Don't
Waste LA Coalition
Full Cycle Bioplastics
Glass Packaging
Insitute
Inland Empire Disposal Association
Institute of
Scrap Metal Recycling Industries
Los Angeles Alliance for a New
Economy
Los Angeles County Waste Management
Association
Metropolitan Recycling
Mid Valley Disposal
Napa
Recycling and Waste Services
Natural Resources Defense
Council
North County Recycling
Northern Recycling and Waste
Services
Kern Refuse Disposal
Recology
RePET
Republic Services
Solid Waste Association of Orange
County
Sonoma Compost
State Treasurer John
Chiang
StopWaste
Varner Brothers
Verdeco Recycling
Waste Management
Opposition
None on file
Analysis Prepared by:
Elizabeth MacMillan / NAT. RES. / (916) 319-2092
Discussed in Hearing
Assembly Floor
Senate Floor
Senate Standing Committee on Governance and Finance
Senate Standing Committee on Appropriations
Assembly Floor
Assembly Floor
Assembly Standing Committee on Revenue and Taxation
Senate Standing Committee on Human Services
Bill Author
Bill Co-Author(s):