HomeMy WebLinkAboutAB 1028 - Tax LeviesCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 1028 (BLUMENFIELD) AT ITS MEETING OF MARCH 24, 2009.
DATE: April 9, 2009
CONTENTS: AB1028 Language
RECOMMENDATION:
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By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB 1028 (Blumenfield) relative to tax levies.
BACKGROUND:
The Sales and Use Tax Law imposes a tax on retailers for the sale, storage, use and
consumption of personal tangible property in this State. If passed, AB 1028 would exempt from
the sales tax products related to renewable energy systems. The City of Palm Desert is
opposed to any legislation which would remove sales tax from the City and would interfere with
the manner in which the City conducts its day to day business.
Therefore the Legislative Review Committee recommends that the City Council oppose AB 1028
and direct staff to prepare a letter stating that position to appropriate legislators and committees
for the Mayor's signature.
PATRICIA SCULLY, CF,
PAUL GIBSON
SENIOR MANAGEMEt ANALYST DIRECTOR OF FINANCE/CITY TREASURER
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ACM/COMMUNITY SERVICES
JOHN '. WoHLMUTH
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Original on File with City Clerk's Office
State Net Bill Text Page 1 of 2
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2009 CA A 1028
AUTHOR: Blumenfield
VERSION: Introduced
VERSION DATE: 02/27/2009
ASSEMBLY BILL No. 1028
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 27, 2009
An act to add and repeal Section 6398 to the Revenue and Taxation Code, relating to taxation, to take
effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1028, as introduced, Blumenfield. Sales and use taxes: exemption: energy efficient products.
The Sales and Use Tax Law imposes a tax 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 properly from a retailer for storage, use, or other consumption in this state.
Those laws provides various exemptions from those taxes.
This bill would also exempt from those taxes from January 1, 2010, to January 1, 2011, the gross
receipts from the sale in this state of, and the storage, use, or other consumption in this state of, qualified
renewable energy systems, as defined.
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 the Transactions and Use
Tax Law authorizes districts, as specified, to impose transactions and use taxes in conformity with the
Sales and Use Tax Law.
Exemptions from state sales and use taxes enacted by the Legislature are incorporated into the those
taxes. Section 2230 of the Revenue and Taxation Code provides that the state will 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 local agencies for sales and use tax revenues lost
by them pursuant to this bill.
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This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6398 is added to the Revenue and Taxation Code, to read:
6398. (a) On and after January 1, 2010, there are exempted from the taxes imposed by this part, the
gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of,
qualified renewable energy systems.
(b) For purposes of this section, "qualified renewable energy systems" means those systems deemed
by the California Public Utilities Commission to be eligible solar electric equipment under the
California Solar Initiative.
(c) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless
a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date.
SEC. 2. It is the intent of the Legislature that, to the extent permissible under the law, the sum of ten
million dollars ($10,000,000) shall be provided for purposes of this act from the proceeds from the
Attorney General's settlement agreement with the Williams Energy Corporation entered into as of
November 11, 2002, received for energy efficient retrofitting projects.
SEC. 3. 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. 4. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall
go into immediate effect.
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