California 2009-2010 Regular Session Status: To Executive Bipartisan · 3 R · 2 D cosponsors

SB 71 — Economic development: sales and use tax exclusions: environmental technology project.

Last action — Chaptered by Secretary of State. Chapter 10, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The California Alternative Energy and Advanced Transportation Financing Authority Act established the California Alternative Energy and Advanced Transportation Financing Authority. The authority is authorized to do all things necessary and convenient to carry out the purposes of the act. The authority is also required to establish a renewable energy program to provide financial assistance, as defined, to certain entities for projects to generate new and renewable energy sources, develop clean and efficient distributed generation, and demonstrate the economic feasibility of new technologies. Existing law provides that the transfer of title of tangible personal property constituting a project under the act to the authority by a participating party, or the lease or transfer of tangible personal property constituting a project under the act by the authority to a participating party pursuant to the act is not a "sale" or "purchase" for the purposes of the Sales and Use Tax Law. This bill would, for purposes of the act until January 1, 2021, expand the definition of "alternative sources" and "projects," as specified. The bill would, until January 1, 2021, authorize the authority to evaluate project applications, and to approve projects, as defined, for financial assistance under the existing exclusion from a "sale" or "purchase" subject to sales or use tax, as provided. This bill would require the Legislative Analyst's Office to submit a report to the Joint Legislative Budget Committee, as provided. 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 districts, as specified, may impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into these laws. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 10, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:45 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 36. Noes 0. Page 2984.) To enrollment.

  5. Urgency clause adopted.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 13. Noes 0. Page 2985.)

  7. Re-referred to Com. on B. & F.R. pursuant to Joint Rule 10.5.

  8. In Senate. To unfinished business.

  9. Read third time. Urgency clause adopted. Passed. (Ayes 74. Noes 0. Page 4360.) To Senate.

  10. Read third time. Amended. (Page 4360.) To third reading.

  11. Read second time. To third reading.

  12. (Heard in committee on March 22.)

  13. From committee: Do pass. (Ayes 16. Noes 0.)

  14. Joint Rule 62(a) suspended. (Page 4357.)

  15. Re-referred to Com. On BUDGET pursuant to Assembly Rule 77.2.

  16. (March 22 amended version corrected March 23.)

  17. Read third time. Amended. (Page 4357.)

  18. Unanimous consent granted to consider without reference to file.

  19. From inactive file to third reading file.

  20. Notice of motion to remove from inactive file given by Assembly Member Torrico.

  21. Placed on inactive file on request of Assembly Member Torrico.

  22. From inactive file to third reading file.

  23. Notice of motion to remove from inactive file given by Assembly Member Krekorian.

  24. Placed on inactive file on request of Assembly Member Krekorian.

  25. Read second time. To third reading.

  26. Placed on second reading file.

  27. In Assembly. Read first time. Held at Desk.

  28. Read third time. Passed. (Ayes 22. Noes 14. Page 512.) To Assembly.

  29. Read second time. To third reading.

  30. Placed on second reading file.

  31. Withdrawn from committee.

  32. To Com. on RLS.

  33. Read first time.

  34. From print. May be acted upon on or after February 20.

  35. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Adams · Cosponsor
  • Ammiano · Cosponsor
  • Alquist · Cosponsor
  • Beall · Cosponsor
  • Blakeslee · Cosponsor
  • Block · Cosponsor
  • Blumenfield · Cosponsor
  • Bradford · Cosponsor
  • Brownley · Cosponsor
  • Buchanan · Cosponsor
  • Carter · Cosponsor
  • Arambula · Cosponsor
  • Bill Berryhill · Cosponsor
  • Charles Calderon · Cosponsor
  • Fletcher · Cosponsor
  • John A. Perez · Cosponsor
  • V. Manuel Perez · Cosponsor
  • Salas · Cosponsor
  • Conway · Cosponsor
  • Coto · Cosponsor
  • Davis · Cosponsor
  • Eng · Cosponsor
  • Evans · Cosponsor
  • Emmerson · Cosponsor
  • Fuentes · Cosponsor
  • Bonnie Lowenthal · Cosponsor
  • Beth Gaines · Cosponsor
  • Feuer · Cosponsor
  • Furutani · Cosponsor
  • Galgiani · Cosponsor
  • Gilmore · Cosponsor
  • Hall · Cosponsor
  • Hayashi · Cosponsor
  • Huber · Cosponsor
  • Knight · Cosponsor
  • Ma · Cosponsor
  • Monning · Cosponsor
  • Nava · Cosponsor
  • Nestande · Cosponsor
  • Nielsen · Cosponsor
  • Smyth · Cosponsor
  • Solorio · Cosponsor
  • Swanson · Cosponsor
  • Torres · Cosponsor
  • Tran · Cosponsor
  • Villines · Cosponsor
  • Yamada · Cosponsor
  • Stephen C. Padilla · Primary
  • Brian W. Jones · Cosponsor
  • Tony Strickland · Cosponsor
  • Tony Strickland · Cosponsor
  • Anna M. Caballero · Cosponsor
  • Bill Berryhill · Cosponsor

Sponsorship breakdown

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1 sponsors · 52 co-sponsors · 69 not signed on

Sponsors (1)

Co-sponsors (52)

Not signed on (69)

69 members have not signed on to this bill.

Show all 69 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Passed 16 Yea · 0 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 130014
Democratic 2000
Republican 1000
Total 160014
% of votes cast 53%0%0%47%
How each member voted (30)
Member Party Vote
Carter — Yea
Feuer — Yea
Cook — Yea
Beall — Yea
Bill — Not Voting
De — Not Voting
La — Not Voting
Torre — Not Voting
Chesbro — Not Voting
Evans — Not Voting
Furutani — Not Voting
Harkey — Yea
Jeffries — Not Voting
Nielsen — Yea
Ruskin — Not Voting
Swanson — Yea
Adams — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Huffman — Not Voting
Nestande — Not Voting
Silva — Not Voting
Emmerson — Yea
Fuller — Yea
Gilmore — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

W/O REF. TO FILE SB71 Committee on B. & F.R. Urgency Clause

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Huff — Yea
Kehoe — Yea
Dutton — Not Voting
Alquist — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Maldonado — Yea
Oropeza — Yea
Pavley — Yea
Simitian — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 71 B.& F. R. Third Reading Urgency By BLUMENFIELD

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 78007
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Bass — Yea
Beall — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
John — Yea
Carter — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Perez — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Saldana — Not Voting
Anderson — Not Voting
Miller — Not Voting
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Chesbro — Not Voting
Bill — Yea
A. — Yea
Emmerson — Yea
Evans — Yea
Fuller — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB71 Committee on B. & F.R. (Ducheny)

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211302
Democratic 2001
Republican 0100
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Cedillo — Not Voting
Cogdill — Nay
Florez — Yea
Negrete — Yea
Corbett — Yea
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Runner — Nay
Leno — Yea
Liu — Yea
Ashburn — Nay
Ducheny — Yea
Dutton — Nay
Maldonado — Not Voting
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Benoit — Nay
Steinberg — Yea
Walters — Nay
Correa — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

taxation environment
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Frequently asked questions

What does SB 71 do?
The California Alternative Energy and Advanced Transportation Financing Authority Act established the California Alternative Energy and Advanced Transportation Financing Authority. The authority is authorized to do all things necessary and convenient to carry out the purposes of the act. The authority is also required to establish a renewable energy program to provide financial assistance, as defined, to certain entities for projects to generate new and renewable energy sources, develop clean and efficient distributed generation, and demonstrate the economic feasibility of new technologies. Existing law provides that the transfer of title of tangible personal property constituting a project under the act to the authority by a participating party, or the lease or transfer of tangible personal property constituting a project under the act by the authority to a participating party pursuant to the act is not a "sale" or "purchase" for the purposes of the Sales and Use Tax Law. This bill would, for purposes of the act until January 1, 2021, expand the definition of "alternative sources" and "projects," as specified. The bill would, until January 1, 2021, authorize the authority to evaluate project applications, and to approve projects, as defined, for financial assistance under the existing exclusion from a "sale" or "purchase" subject to sales or use tax, as provided. This bill would require the Legislative Analyst's Office to submit a report to the Joint Legislative Budget Committee, as provided. 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 districts, as specified, may impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into these laws. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 71?
SB 71 is sponsored by Adams, Ammiano, Alquist, Beall, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Carter, Arambula, Bill Berryhill, Charles Calderon, Fletcher, John A. Perez, V. Manuel Perez, Salas, Conway, Coto, Davis, Eng, Evans, Emmerson, Fuentes, Bonnie Lowenthal, Beth Gaines, Feuer, Furutani, Galgiani, Gilmore, Hall, Hayashi, Huber, Knight, Ma, Monning, Nava, Nestande, Nielsen, Smyth, Solorio, Swanson, Torres, Tran, Villines, Yamada, Padilla, Stephen C. (Democratic), Jones, Brian W. (Republican), Strickland, Tony (Republican), and Caballero, Anna M. (Democratic).
What is the current status of SB 71?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 71?
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