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HomeMy WebLinkAboutAgenda Report - September 21, 2022 C-20CITY OF 0 10f aI� CALIFORNIA AGENDA ITEM CP20 COUNCIL COMMUNICATION AGENDA TITLE: Receive Report Regarding Communicat on Pertaining to Assembly Bill 1951 (Grayson). Sales and Use Tax Exemptions: Manufacturing MEETING DATE: September 21, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION: Receive report regarding communication pertaining to Assembly Bill (AB) 1951 (Grayson): Sales and Use Tax Exemptions: Manufacturing. BACKGROUND INFORMATION: The City received a request for communication from the League of California Cities regarding AB 1951 (Grayson): Sales and Use Tax Exemptions. There was an immediate need to send the letter, as it had been passed by the Assembly and the Senate and is with the Governor's Office for final signature. AB 1951 would convert the current state General Fund -only sales and use tax exemption for the purchase of manufacturing equipment into a full exemption, including locally -approved tax rates. The measure expands the exemption for five years. The state estimates AB 1951 would result in local government losses of $533 million annually The attached letter signed by the Mayor was sent to Governor Newsom's Office on August 31, 2022. Assembly Bill 1951 is attanhed for reference. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. �'1 Asa Olivia Nashed City Clerk Signature: Email: sschwabauer@lodi.gov APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager CITY COUNCIL MARK CHANDLER, Mayor MIKEY HOTHI, Mayor Pro Tempore SHAK KHAN DOUG KUEHNE ALAN NAKANISHI August 31, 2022 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk0lodi.gov The Honorable Gavin Newsom Governor, State of California 1021 O Street, Suite 9000 Sacramento, CA 95814 Re: AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing. ,Recommended Veto. Dear Governor Newsom, The Citi of Lodi respectfully requests your veto of AB 1951 (Grayson). STEPHEN SCHWABAUER City Manager OLIVIA NASHED City Clerk JANICE D. MAGDICH City Attorney AB 1951 expands, for a five-year period, the existing partial sales and use tax exemp-ion for manufacturing and research and development of tangible personal property. The bill makes it a full exemption, including any local voter - approved transaction and use taxes. While we support California's manufacturing industry, including through local services and incentives, the City of Lodi can ill -afford any additional erosion of its sales and use fax revenues in the short or long-term. AB 1951 setbacks funding to local solutions for housing, homelessness, and public safety. The State of California ("State") estimated AB 1951 would result in local government losses of millions of dollars annually and billions diverted away from essential services. Losing these funds impacts urgent, life-saving county health, welfare, and mental health intervention services — including the funds we need to address chronic homelessness and improve public safety. As the state has billions in surplus funds, local cities should not be forced to fund this tax break. For the foregoing reasons, the City of Lodi respectfully requests your veto of AB 1951. Sincerely, Mark C-iandler Mayor City of Lodi Assembly Bill No. 1951 Passed the Assembly August 25, 2022 Chief Clerk of the Assembly Passed the Senate August 25, 2022 Secretary of the Senate This bill was received by the Governor this day of , 2022, at o'clock M. Private Secretary of the Governor AB 1951 —2— CHAPTER An act to amend, add, and repeal Section 63 77. 1 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGEST AB 1951, Grayson. Sales and use tax: exemptions: manufacturing. Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for purchases not exceeding $200,000,000, for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified; qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development, as provided; qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property, as provided; and qualified tangible personal property purchased by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of specified processes. Existing law, on and after January 1, 2018, and before July 1, 2030, additionally exempts from those taxes the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, as defined, or storage and distribution, as defined, of electric power. 95 — 3 — AB 1951 This bill would, on and after January 1, 2023, and before January 1, 2028, make this a full exemption for purchases not exceeding $200,000,000. The bill would repeal these provisions on January 1, 2028, and would revert to the above-described partial exemption on that date. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would require the California Department of Tax and Fee Administration to submit a report to the Legislature on the exemption and would provide findings and declarations relating to the goals of the exemption. The Bradley -Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Businesses conducting manufacturing or research and development activities are essential to the economic well-being of the state of California and provide high -wage jobs for Californians. In recent years, many of these businesses have chosen to relocate operations to lower cost jurisdictions or expand outside of California. 95 AB 1951 (b) California has the highest state -level sales tax rate among the 50 states in the United States, and once local rates are accounted for, sales and use tax rates in California can reach up to 10.75 percent. (c) Thirty-eight states fully exempt manufacturing equipment from sales and use tax. With California's current partial exemption, taxpayers pay more to buy equipment in California than they would elsewhere, creating a competitive disadvantage for the state. (d) It is the intent of the Legislature to expand the sales and use tax exemption for manufacturing and research and development equipment to preserve California's status as a hub of innovation and technology and encourage greater investment in California. SEC. 2. Section 6377.1 of the Revenue and Taxation Code is amended to read: 6377.1. (a) Except as provided in subdivision (e), on or after July 1, 2014, and before January 1, 2023, there are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following: (1) Qualified tangible personal property purchased for use by a qualified person to be used primarily in any stage of the manufacturing, processing, refining, fabricating, or recycling of tangible personal property, beginning at the point any raw materials are received by the qualified person and introduced into the process and ending at the point at which the manufacturing, processing, refining, fabricating, or recycling has altered tangible personal property to its completed form, including packaging, if required. (2) Qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development. (3) Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property described in paragraph (1) or (2). (4) Qualified tangible personal property purchased for use by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, the generation or production, or storage and distribution, of electric power, or as a 95 -5— AB 1951 research or storage facility for use in connection with those processes. (5) Qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, or storage and distribution, of electric power. (b) For purposes of this section: (1) "Department" means the California Department of Tax and Fee Administration. (2) "Fabricating" means to make, build, create, produce, or assemble components or tangible personal property to work in a new or different manner. (3) "Generation or production" means the activity of making, producing, creating, or converting electric power from sources other than a conventional power source, as defined in Section 2805 of the Public Utilities Code. (4) "Manufacturing" means the activity of converting or conditioning tangible personal property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property. (5) "Primarily" means 50 percent or more of the time. (6) "Process" means the period beginning at the point at which any raw materials are received by the qualified person and introduced into the manufacturing, processing, refining, fabricating, or recycling activity of the qualified person and ending at the point at which the manufacturing, processing, refining, fabricating, or recycling activity of the qualified person has altered tangible personal property to its completed form, including packaging, if required. Raw materials shall be considered to have been introduced into the process when the raw materials are stored on the same premises where the qualified person's manufacturing, processing, refining, fabricating, or recycling activity is conducted. Raw materials that are stored on premises other than where the qualified person's manufacturing, processing, refining, fabricating, or recycling activity is conducted shall not be considered to have been introduced into the manufacturing, processing, refining, fabricating, or recycling process. 95 AB 1951 (7) "Processing" means the physical application of the materials and labor necessary to modify or change the characteristics of tangible personal property. (8) (A) "Qualified person" means: (i) Prior to January 1, 2018, a person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 541711, or 541712 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (ii) On and after January 1, 2018, and before January 1, 2023, a person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 221111 to 221118, inclusive, 221122, 541711, or 541712 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (B) Notwithstanding subparagraph (A), "qualified person" shall not include either of the following: (i) Prior to January 1, 2018, an apportioning trade or business that is required to apportion its business income pursuant to subdivision (b) of Section 25128 or a trade or business conducted wholly within this state that would be required to apportion its business income pursuant to subdivision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (ii) On and after January 1, 2018, and before January 1, 2023, an apportioning trade or business, other than a trade or business described in paragraph (1) of subdivision (c) of Section 25128, that is required to apportion its business income pursuant to subdivision (b) of Section 25128, or a trade or business, other than a trade or business described in paragraph (1) of subdivision (c) of Section 25128, conducted wholly within this state that would be required to apportion its business income pursuant to subdivision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (9) (A) "Qualified tangible personal property" includes, but is not limited to, all of the following: (i) Machinery and equipment, including component parts and contrivances such as belts, shafts, moving parts, and operating structures. (ii) Equipment or devices used or required to operate, control, regulate, or maintain the machinery, including, but not limited to, 95 — 7 — AB 1951 computers, data processing equipment, and computer software, together with all repair and replacement parts with a useful life of one or more years therefor, whether purchased separately or in conjunction with a complete machine and regardless of whether the machine or component parts are assembled by the qualified person or another party. (iii) Tangible personal property used in pollution control that meets standards established by this state or any local or regional governmental agency within this state. (iv) (I) Prior to January 1, 2018, special purpose buildings and foundations used as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, or that constitute a research or storage facility used during those processes. Buildings used solely for warehousing purposes after completion of those processes are not included. (11) On and after January 1, 2018, and before January 1, 2023, special purpose buildings and foundations used as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, or that constitute a research or storage facility used during those processes, or the generation or production or storage and distribution of electric power. Buildings used solely for warehousing purposes after completion of those processes are not included. (B) "Qualified tangible personal property" shall not include any of the following: (i) Consumables with a useful life of less than one year. (ii) Furniture, inventory, and equipment used in the extraction process, or equipment used to store finished products that have completed the manufacturing, processing, refining, fabricating, or recycling process. (iii) Tangible personal property used primarily in administration, general management, or marketing. (10) "Refining" means the process of converting a natural resource to an intermediate or finished product. (11) "Research and development" means those activities that are described in Section 174 of the Internal Revenue Code or in any regulations thereunder. (12) "Storage and distribution" means storing or distributing through the electric grid, but not transmission of, electric power to consumers regardless of source. 95 AB 1951 (13) (A) "Useful life" for tangible personal property that is treated as having a useful life of one or more years for state income or franchise tax purposes shall be deemed to have a useful life of one or more years for purposes of this section. "Useful life" for tangible personal property that is treated as having a useful life of less than one year for state income or franchise tax purposes shall be deemed to have a useful life of less than one year for purposes of this section. For the purposes of this paragraph, tangible personal property that is deducted under Sections 17201 and 17255 or Section 24356 shall be deemed to have a useful life of one or more years. (B) The department shall cancel any outstanding and unpaid deficiency determination and any related penalties and interest and shall not issue any deficiency determination or notice of determination, with respect to unpaid sales and use tax on qualified property with a useful life, as defined in subparagraph (A), that was purchased or leased on or after July 1, 2014, and before January 1, 2018. Any amounts paid by a qualified person pursuant to such determination shall be refunded by the department to the qualified person. Any cancellation or refund described in this subparagraph is contingent upon a qualified person making a request to the department, in a manner prescribed by the department, by June 30, 2018. (c) An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the department may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the department upon request. (d) (1) Notwithstanding the Bradley -Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. (2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Section 35 of Article XIII of the California Constitution, or any tax levied pursuant to Section 6051 or 6201 that is deposited in the State 95 -9— AB 1951 Treasury to the credit of the Local Revenue Fund 2011 pursuant to Section 6051.15 or 6201.15. (e) (1) The exemption provided by this section shall not apply to either of the following: (A) Any tangible personal property purchased during any calendar year that exceeds two hundred million dollars ($200,000,000) of purchases of qualified tangible personal property for which an exemption is claimed by a qualified person under this section. For purposes of this subparagraph, in the case of a qualified person that is required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the aggregate of all purchases of qualified personal property for which an exemption is claimed pursuant to this section by all persons that are required or authorized to be included in a combined report shall not exceed two hundred million dollars ($200,000,000) in any calendar year. (B) The sale or storage, use, or other consumption of property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) to some other use not qualifying for exemption, or used in a manner not qualifying for exemption. (2) If a purchaser certifies in writing to the seller that the tangible personal property purchased without payment of the tax will be used in a manner entitling the seller to regard the gross receipts from the sale as exempt from the sales tax, and the purchase exceeds the two -hundred -million -dollar ($200,000,000) limitation described in subparagraph (A) of paragraph (1), or within one year from the date of purchase, the purchaser removes that property from California, converts that property for use in a manner not qualifying for the exemption, or uses that property in a manner not qualifying for the exemption, the purchaser shall be liable for payment of sales tax, with applicable interest, as if the purchaser were a retailer making a retail sale of the tangible personal property at the time the tangible personal property is so purchased, removed, converted, or used, and the cost of the tangible personal property to the purchaser shall be deemed the gross receipts from that retail sale. (f) This section shall apply to leases of qualified tangible personal property classified as "continuing sales" and "continuing purchases" in accordance with Sections 6006.1 and 6010.1. The 95 AB 1951 —to— exemption 10— exemption established by this section shall apply to the rentals payable pursuant to the lease, provided the lessee is a qualified person and the tangible personal property is used in an activity described in subdivision (a). (g) (1) Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of exemptions that will be taken for each calendar year, or any portion thereof, for which this section provides an exemption. (2) (A) No later than each May 1 next following a calendar year for which this section provides an exemption, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the total dollar amount of exemptions taken under this section for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section for that calendar year with the Department of Finance's estimate in paragraph (1) for that same calendar year. (B) (i) No later than each May 1 next following calendar years 2018 to 2022, inclusive, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the revenue value of the total dollar amount of exemptions taken pursuant to subdivision (a) for sales to, or purchases by, qualified persons described in clause (ii) for the immediately preceding calendar year. (ii) The report required under this subparagraph shall only include the revenue value of the total dollar amount of exemptions allowed to the following: (I) A qualified person that is primarily engaged in those lines of business described in Codes 221111 to 221118, inclusive, and 221122 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (II) A qualified person that is both of the following: (ia) A person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 541711, and 541712 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (ib) A person that is an apportioning trade or business as described in paragraph (1) of subdivision (c) of Section 25128, 95 -11— AB 1951 that is required to apportion its business income pursuant to subdivision (b) of Section 25128, or a trade or business as described in paragraph (1) of subdivision (c) of Section 25128, conducted wholly within this state that would be required to apportion its business income pursuant to subdivision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (3) (A) An amount that equals the revenue value of the total dollar amount of exemptions, as reported by the department pursuant to subparagraph (B) of paragraph (2), with the concurrence of the Department of Finance, shall be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each June 30 next following the calendar year described in subparagraph (B) of paragraph (2). Any amount attributable to any cancellations the department made of any outstanding and unpaid deficiency determinations and any refunds under subparagraph (B) of paragraph (13) of subdivision (b) shall be excluded from the transfer of the amount described in subparagraph (B). The transfers to the General Fund shall be accrued to the fiscal year in which the revenue loss occurred. (B) (i) For calendar years beginning in 2022, an amount not to exceed the difference between the revenue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (C) of paragraph (2), and the revenue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (B) of paragraph (2), may be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than July 31, 2023. The transfers to the General Fund shall be accrued proportionally to the fiscal year in which the revenue loss occurred. (ii) The amount transferred under this subparagraph shall be as determined by the Director of Finance, unless a different amount is otherwise specified in the Budget Act for that fiscal year. (4) For purposes of this subdivision, the "revenue value" of an amount of exemptions shall mean the estimated revenue loss to the General Fund from the allowance of those exemptions. (h) This section shall be operative until January 1, 2023, and as of that date is repealed. SEC. 3. Section 6377.1 is added to the Revenue and Taxation Code, to read: 95 AB 1951 —12- 6377. 1. 12- 6377.1. (a) Except as provided in subdivision (d), on or after January 1, 2023, and before January 1, 2028, there are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following: (1) Qualified tangible personal property purchased for use by a qualified person to be used primarily in any stage of the manufacturing, processing, refining, fabricating, or recycling of tangible personal property, beginning at the point any raw materials are received by the qualified person and introduced into the process and ending at the point at which the manufacturing, processing, refining, fabricating, or recycling has altered tangible personal property to its completed form, including packaging, if required. (2) Qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development. (3) Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property described in paragraph (1) or (2). (4) Qualified tangible personal property purchased for use by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, the generation or production, or storage and distribution, of electric power, or as a research or storage facility for use in connection with those processes. (5) Qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, or storage and distribution, of electric power. (b) For purposes of this section: (1) "Department" means the California Department of Tax and Fee Administration. (2) "Fabricating" means to make, build, create, produce, or assemble components or tangible personal property to work in a new or different manner. (3) "Generation or production" means the activity of making, producing, creating, or converting electric power from sources 95 -13 — AB 1951 other than a conventional power source, as defined in Section 2805 of the Public Utilities Code. (4) "Manufacturing" means the activity of converting or conditioning tangible personal property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property. (5) "Primarily" means 50 percent or more of the time. (6) "Process" means the period beginning at the point at which any raw materials are received by the qualified person and introduced into the manufacturing, processing, refining, fabricating, or recycling activity of the qualified person and ending at the point at which the manufacturing, processing, refining, fabricating, or recycling activity of the qualified person has altered tangible personal property to its completed form, including packaging, if required. Raw materials shall be considered to have been introduced into the process when the raw materials are stored on the same premises where the qualified person's manufacturing, processing, refining, fabricating, or recycling activity is conducted. Raw materials that are stored on premises other than where the qualified person's manufacturing, processing, refining, fabricating, or recycling activity is conducted shall not be considered to have been introduced into the manufacturing, processing, refining, fabricating, or recycling process. (7) "Processing" means the physical application of the materials and labor necessary to modify or change the characteristics of tangible personal property. (8) (A) "Qualified person" means a person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 221111 to 221118, inclusive, 221122, 541711, or 541712 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (B) Notwithstanding subparagraph (A), "qualified person" shall not include an apportioning trade or business, other than a trade or business described in paragraph (1) of subdivision (c) of Section 25128, that is required to apportion its business income pursuant to subdivision (b) of Section 25128, or a trade or business, other 95 AB 1951 —14— than 14— than a trade or business described in paragraph (1) of subdivision (c) of Section 25128, conducted wholly within this state that would be required to apportion its business income pursuant to subdivision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (9) (A) "Qualified tangible personal property" includes, but is not limited to, all of the following: (i) Machinery and equipment, including component parts and contrivances such as belts, shafts, moving parts, and operating structures. (ii) Equipment or devices used or required to operate, control, regulate, or maintain the machinery, including, but not limited to, computers, data-processing equipment, and computer software, together with all repair and replacement parts with a useful life of one or more years therefor, whether purchased separately or in conjunction with a complete machine and regardless of whether the machine or component parts are assembled by the qualified person or another party. (iii) Tangible personal property used in pollution control that meets standards established by this state or any local or regional governmental agency within this state. (iv) Special purpose buildings and foundations used as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, or that constitute a research or storage facility used during those processes, or the generation or production or storage and distribution of electric power. Buildings used solely for warehousing purposes after completion of those processes are not included. (B) "Qualified tangible personal property" shall not include any of the following: (i) Consumables with a useful life of less than one year. (ii) Furniture, inventory, and equipment used in the extraction process, or equipment used to store finished products that have completed the manufacturing, processing, refining, fabricating, or recycling process. (iii) Tangible personal property used primarily in administration, general management, or marketing. (10) "Refining" means the process of converting a natural resource to an intermediate or finished product. 95 -15 — AB 1951 (11) "Research and development" means those activities that are described in Section 174 of the Internal Revenue Code or in any regulations thereunder. (12) "Storage and distribution" means storing or distributing through the electric grid, but not transmission of, electric power to consumers regardless of source. (13) "Useful life" for tangible personal property that is treated as having a useful life of one or more years for state income or franchise tax purposes shall be deemed to have a useful life of one or more years for purposes of this section. "Useful life" for tangible personal property that is treated as having a useful life of less than one year for state income or franchise tax purposes shall be deemed to have a useful life of less than one year for purposes of this section. For the purposes of this paragraph, tangible personal property that is deducted under Sections 17201 and 17255 or Section 24356 shall be deemed to have a useful life of one or more years. (c) An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the department may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the department upon request. (d) (1) The exemption provided by this section shall not apply to either of the following: (A) Any tangible personal property purchased during any calendar year that exceeds two hundred million dollars ($200,000,000) of purchases of qualified tangible personal property for which an exemption is claimed by a qualified person under this section. For purposes of this subparagraph, in the case of a qualified person that is required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the aggregate of all purchases of qualified personal property for which an exemption is claimed pursuant to this section by all persons that are required or authorized to be included in a combined report shall not exceed two hundred million dollars ($200,000,000) in any calendar year. (B) The sale or storage, use, or other consumption of property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) 95 AB 1951 —16— to 16— to some other use not qualifying for exemption, or used in a manner not qualifying for exemption. (2) If a purchaser certifies in writing to the seller that the tangible personal property purchased without payment of the tax will be used in a manner entitling the seller to regard the gross receipts from the sale as exempt from the sales tax, and the purchase exceeds the two -hundred -million -dollar ($200,000,000) limitation described in subparagraph (A) of paragraph (1), or within one year from the date of purchase, the purchaser removes that property from California, converts that property for use in a manner not qualifying for the exemption, or uses that property in a manner not qualifying for the exemption, the purchaser shall be liable for payment of sales tax, with applicable interest, as if the purchaser were a retailer making a retail sale of the tangible personal property at the time the tangible personal property is so purchased, removed, converted, or used, and the cost of the tangible personal property to the purchaser shall be deemed the gross receipts from that retail sale. (e) This section shall apply to leases of qualified tangible personal property classified as "continuing sales" and "continuing purchases" in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, provided the lessee is a qualified person and the tangible personal property is used in an activity described in subdivision (a). (f) (1) Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of exemptions that will be taken for each calendar year, or any portion thereof, for which this section provides an exemption. (2) (A) No later than each May I next following a calendar year for which this section or Section 6377.1 as in effect on December 31, 2022, provides an exemption, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the total dollar amount of exemptions taken under this section or under Section 6377.1 as in effect on December 31, 2022, for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section or under Section 6377.1 as in effect on December 31, 2022, for that calendar year with the Department of Finance's estimate in paragraph (1) or its estimate 95 -17 — AB 1951 pursuant to paragraph (1) of subdivision (g) of Section 6377.1 as in effect on December 31, 2022, for that same calendar year. (B) (i) No later than each May 1 next following calendar years 2022 to 2027, inclusive, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the revenue value of the total dollar amount of exemptions taken pursuant to subdivision (a), or subdivision (a) of Section 6377.1 as in effect on December 31, 2022, for sales to, or purchases by, qualified persons described in clause (ii) for the immediately preceding calendar year. (ii) The report required under this subparagraph shall only include the revenue value of the total dollar amount of exemptions allowed to the following: (I) A qualified person that is primarily engaged in those lines of business described in Codes 221111 to 221118, inclusive, and 221122 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (II) A qualified person that is both of the following: (ia) A person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 541711, and 541712 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (ib) A person that is an apportioning trade or business as described in paragraph (1) of subdivision (c) of Section 25128, that is required to apportion its business income pursuant to subdivision (b) of Section 25128, or a trade or business as described in paragraph (1) of subdivision (c) of Section 25128, conducted wholly within this state that would be required to apportion its business income pursuant to subdivision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (C) No later than each May 1 next following calendar years 2022 through 2027, inclusive, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the revenue value of the total dollar amount of exemptions taken under this section, or under Section 6377.1 as in effect on December 31, 2022, for the immediately preceding calendar year, and for calendar year 2022, the period shall cover July 1 to December 31, 2022. 95 AB 1951 —18— (3) 18— (3) (A) An amount that equals the revenue value of the total dollar amount of exemptions, as reported by the department pursuant to subparagraph (B) of paragraph (2), with the concurrence of the Department of Finance, shall be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each June 30 next following the calendar year described in subparagraph (B) of paragraph (2). Any amount attributable to any cancellations the department made of any outstanding and unpaid deficiency determinations and any refunds under subparagraph (B) of paragraph (13) of subdivision (b), or under subparagraph (B) of paragraph (13) of subdivision (b) of Section 6377.1 as in effect on December 31, 2022, shall be excluded from the transfer of the amount described in subparagraph (B). The transfers to the General Fund shall be accrued to the fiscal year in which the revenue loss occurred. (B) (i) For calendar years 2022 through 2027, inclusive, an amount not to exceed the difference between the revenue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (C) of paragraph (2), and the revenue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (B) of paragraph (2), may be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each July 31 following that calendar year described in subparagraph (C) of paragraph (2). The transfers to the General Fund shall be accrued proportionally to the fiscal year in which the revenue loss occurred. (ii) The amount transferred under this subparagraph for each fiscal year shall be as determined by the Director of Finance, unless a different amount is otherwise specified in the Budget Act for that fiscal year. (4) For purposes of this subdivision, the "revenue value" of an amount of exemptions shall mean the estimated revenue loss to the General Fund from the allowance of those exemptions. (g) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 4. Section 6377.1 is added to the Revenue and Taxation Code, to read: 6377.1. (a) Except as provided in subdivision (e), on or after January 1, 2028, and before July 1, 2030, there are exempted from the taxes imposed by this part the gross receipts from the sale of, 95 -19 — AB 1951 and the storage, use, or other consumption in this state of, any of the following: (1) Qualified tangible personal property purchased for use by a qualified person to be used primarily in any stage of the manufacturing, processing, refining, fabricating, or recycling of tangible personal property, beginning at the point any raw materials are received by the qualified person and introduced into the process and ending at the point at which the manufacturing, processing, refining, fabricating, or recycling has altered tangible personal property to its completed form, including packaging, if required. (2) Qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development. (3) Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property described in paragraph (1) or (2). (4) Qualified tangible personal property purchased for use by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, the generation or production, or storage and distribution, of electric power, or as a research or storage facility for use in connection with those processes. (5) Qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, or storage and distribution, of electric power. (b) For purposes of this section: (1) "Department" means the California Department of Tax and Fee Administration. (2) "Fabricating" means to make, build, create, produce, or assemble components or tangible personal property to work in a new or different manner. (3) "Generation or production" means the activity of making, producing, creating, or converting electric power from sources other than a conventional power source, as defined in Section 2805 of the Public Utilities Code. (4) "Manufacturing" means the activity of converting or conditioning tangible personal property by changing the form, 95 AB 1951 —20— composition, 20— composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property. (5) "Primarily" means 50 percent or more of the time. (6) "Process" means the period beginning at the point at which any raw materials are received by the qualified person and introduced into the manufacturing, processing, refining, fabricating, or recycling activity of the qualified person and ending at the point at which the manufacturing, processing, refining, fabricating, or recycling activity of the qualified person has altered tangible personal property to its completed form, including packaging, if required. Raw materials shall be considered to have been introduced into the process when the raw materials are stored on the same premises where the qualified person's manufacturing, processing, refining, fabricating, or recycling activity is conducted. Raw materials that are stored on premises other than where the qualified person's manufacturing, processing, refining, fabricating, or recycling activity is conducted shall not be considered to have been introduced into the manufacturing, processing, refining, fabricating, or recycling process. (7) "Processing" means the physical application of the materials and labor necessary to modify or change the characteristics of tangible personal property. (8) (A) "Qualified person" means a person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 221111 to 221118, inclusive, 221122, 541711, or 541712 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (B) Notwithstanding subparagraph (A), "qualified person" shall not include an apportioning trade or business, other than a trade or business described in paragraph (1) of subdivision (c) of Section 25128, that is required to apportion its business income pursuant to subdivision (b) of Section 25128, or a trade or business, other than a trade or business described in paragraph (1) of subdivision (c) of Section 25128, conducted wholly within this state that would be required to apportion its business income pursuant to subdivision 95 — 21— AB 1951 (b) of Section 25128 if it were subject to apportionment pursuant to Section 25 10 1. (9) (A) "Qualified tangible personal property" includes, but is not limited to, all of the following: (i) Machinery and equipment, including component parts and contrivances such as belts, shafts, moving parts, and operating structures. (ii) Equipment or devices used or required to operate, control, regulate, or maintain the machinery, including, but not limited to, computers, data-processing equipment, and computer software, together with all repair and replacement parts with a useful life of one or more years therefor, whether purchased separately or in conjunction with a complete machine and regardless of whether the machine or component parts are assembled by the qualified person or another party. (iii) Tangible personal property used in pollution control that meets standards established by this state or any local or regional governmental agency within this state. (iv) Special purpose buildings and foundations used as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, or that constitute a research or storage facility used during those processes, or the generation or production or storage and distribution of electric power. Buildings used solely for warehousing purposes after completion of those processes are not included. (B) "Qualified tangible personal property" shall not include any of the following: (i) Consumables with a useful life of less than one year. (ii) Furniture, inventory, and equipment used in the extraction process, or equipment used to store finished products that have completed the manufacturing, processing, refining, fabricating, or recycling process. (iii) Tangible personal property used primarily in administration, general management, or marketing. (10) "Refining" means the process of converting a natural resource to an intermediate or finished product. (11) "Research and development" means those activities that are described in Section 174 of the Internal Revenue Code or in any regulations thereunder. 95 AB 1951 —22— (12) 22— (12) "Storage and distribution" means storing or distributing through the electric grid, but not transmission of, electric power to consumers regardless of source. (13) "Useful life" for tangible personal property that is treated as having a useful life of one or more years for state income or franchise tax purposes shall be deemed to have a useful life of one or more years for purposes of this section. "Useful life" for tangible personal property that is treated as having a useful life of less than one year for state income or franchise tax purposes shall be deemed to have a useful life of less than one year for purposes of this section. For the purposes of this paragraph, tangible personal property that is deducted under Sections 17201 and 17255 or Section 24356 shall be deemed to have a useful life of one or more years. (c) An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the department may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the department upon request. (d) (1) Notwithstanding the Bradley -Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. (2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Section 35 of Article XIII of the California Constitution, or any tax levied pursuant to Section 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Section 6051.15 or 6201.15. (e) (1) The exemption provided by this section shall not apply to either of the following: (A) Any tangible personal property purchased during any calendar year that exceeds two hundred million dollars ($200,000,000) of purchases of qualified tangible personal property for which an exemption is claimed by a qualified person under this section. For purposes of this subparagraph, in the case of a 95 -23— AB 1951 qualified person that is required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the aggregate of all purchases of qualified personal property for which an exemption is claimed pursuant to this section by all persons that are required or authorized to be included in a combined report shall not exceed two hundred million dollars ($200,000,000) in any calendar year. (B) The sale or storage, use, or other consumption of property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) to some other use not qualifying for exemption, or used in a manner not qualifying for exemption. (2) If a purchaser certifies in writing to the seller that the tangible personal property purchased without payment of the tax will be used in a manner entitling the seller to regard the gross receipts from the sale as exempt from the sales tax, and the purchase exceeds the two -hundred -million -dollar ($200,000,000) limitation described in subparagraph (A) of paragraph (1), or within one year from the date of purchase, the purchaser removes that property from California, converts that property for use in a manner not qualifying for the exemption, or uses that property in a manner not qualifying for the exemption, the purchaser shall be liable for payment of sales tax, with applicable interest, as if the purchaser were a retailer making a retail sale of the tangible personal property at the time the tangible personal property is so purchased, removed, converted, or used, and the cost of the tangible personal property to the purchaser shall be deemed the gross receipts from that retail sale. (f) This section shall apply to leases of qualified tangible personal property classified as "continuing sales" and "continuing purchases" in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, provided the lessee is a qualified person and the tangible personal property is used in an activity described in subdivision (a). (g) (1) Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of exemptions that will be taken for each calendar year, or any portion thereof, for which this section provides an exemption. 95 AB 1951 —24— (2) 24— (2) (A) No later than each May 1 next following a calendar year for which this section or Section 6377.1 as in effect on December 31, 2027, provides an exemption, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the total dollar amount of exemptions taken under this section or under Section 6377.1 as in effect on December 31, 2027, for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section or under Section 6377.1 as in effect on December 31, 2027, for that calendar year with the Department of Finance's estimate in paragraph (1), or its estimate pursuant to paragraph (1) of subdivision (f) of Section 6377.1 as in effect on December 31, 2027, for that same calendar year. (B) (i) No later than each May 1 next following calendar years 2027 to 2030, inclusive, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the revenue value of the total dollar amount of exemptions taken pursuant to subdivision (a), or pursuant to subdivision (a) of Section 6377.1 as in effect on December 31, 2027, for sales to, or purchases by, qualified persons described in clause (ii) for the immediately preceding calendar year. (ii) The report required under this subparagraph shall only include the revenue value of the total dollar amount of exemptions allowed to the following: (I) A qualified person that is primarily engaged in those lines of business described in Codes 221111 to 221118, inclusive, and 221122 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (II) A qualified person that is both of the following: (ia) A person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 541711, and 541712 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (ib) A person that is an apportioning trade or business as described in paragraph (1) of subdivision (c) of Section 25128, that is required to apportion its business income pursuant to subdivision (b) of Section 25128, or a trade or business as described in paragraph (1) of subdivision (c) of Section 25128, conducted 95 -25— AB 1951 wholly within this state that would be required to apportion its business income pursuant to subdivision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (C) No later than each May 1 next following calendar years 2027 through 2030, inclusive, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the revenue value of the total dollar amount of exemptions taken under this section, or under Section 6377.1 as in effect on December 1, 2027, for the immediately preceding calendar year. (3) (A) An amount that equals the revenue value of the total dollar amount of exemptions, as reported by the department pursuant to subparagraph (B) of paragraph (2), with the concurrence of the Department of Finance, shall be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each June 30 next following the calendar year described in subparagraph (B) of paragraph (2). Any amount attributable to any cancellations the department made of any outstanding and unpaid deficiency determinations and any refunds under subparagraph (B) of paragraph (13) of subdivision (b) shall be excluded from the transfer of the amount described in subparagraph (B). The transfers to the General Fund shall be accrued to the fiscal year in which the revenue loss occurred. (B) (i) For calendar years 2027 through 2030, inclusive, an amount not to exceed the difference between the revenue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (C) of paragraph (2), and the revenue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (B) of paragraph (2), may be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each July 31 following that calendar year described in subparagraph (C) of paragraph (2). The transfers to the General Fund shall be accrued proportionally to the fiscal year in which the revenue loss occurred. (ii) The amount transferred under this subparagraph for each fiscal year shall be as determined by the Director of Finance, unless a different amount is otherwise specified in the Budget Act for that fiscal year. 95 AB 1951 —26— (4) 26— (4) For purposes of this subdivision, the "revenue value" of an amount of exemptions shall mean the estimated revenue loss to the General Fund from the allowance of those exemptions. (h) This section shall become operative on January 1, 2028, and shall remain in effect only until January 1, 2031, and as of that date is repealed. SEC. 5. (a) For purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature finds and declares that the objective of the exemption created by Section 6377.1 of the Revenue and Taxation Code, as added by Section 3 of this act, is to encourage new and continued investment in California in the areas of manufacturing and research and development. (b) The performance indicators the Legislature can use to determine if the exemption is achieving the objective stated in subdivision (a) shall be the dollar amount of taxes that would have been collected if there was no exemption, and the number of businesses that have applied for and received the exemption for manufacturing or research and development equipment. (c) The California Department of Tax and Fee Administration shall annually prepare a written report on the following: (1) The dollar amount of taxes not collected in each city and county for the purchase of manufacturing or research and development equipment. (2) The cost to the state of administering the sales and use tax exemption for manufacturing or research and development equipment. (3) The number of businesses that have applied for and received the sales and use tax exemption for manufacturing or research and development equipment. (d) No later than July 1, 2024, and each July I thereafter, the California Department of Tax and Fee Administration shall submit the report prepared pursuant to subdivision (c) to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, and the Assembly Committee on Revenue and Taxation. The report shall be submitted in compliance with Section 9795 of the Government Code. (e) (1) In addition to the reports required pursuant to subdivision (c), the Legislative Analyst's Office shall prepare a report, no later 95 -27— AB 1951 than January 1, 2027, comparing the full exemption authorized pursuant to Section 3 of this act to the partial exemption in effect prior to January 1, 2023. The report shall include information on the following: (A) The tax savings realized by qualified persons. (B) The degree, if any, to which the full exemption has led to an increase in sales and purchases of qualified tangible personal property. (C) The degree to which the full exemption has led to increased manufacturing, research and development, or electric generation activity in this state. (D) Any attendant economic impacts of the full exemption, including increases in economic activity and job creation, to the degree ascertainable. (2) The report required by this subdivision shall be submitted to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, The Senate Committee on Governance and Finance, and the Assembly Committee on Revenue and Taxation. The report shall be submitted in compliance with Section 9795 of the Government Code. SEC. 6. Notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any sales and use tax revenues lost by it under this act. SEC. 7. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect. 95 Approved , 2022 Governor