California 2013-2014 Regular Session Status: Passed Assembly

AB 816 — Sales and use taxes: exemption: public utility: energy efficiency program.

Last action — From Senate committee without further action.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing sales and use tax laws impose 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 property purchased from a retailer for storage, use, or other consumption in this state, as measured by sales price. Those laws provides various exemptions from those taxes. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electric corporations and gas corporations, while a local public owned electric utility is under the direction of its governing board. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission to establish a program of assistance to low-income electric and gas customers, referred to as the California Alternate Rates for Energy (CARE) program. The CARE program provides lower rates to low-income customers. Eligibility for the CARE program is for those electric and gas customers with annual household incomes that are no greater than 200% of the federal poverty guideline levels. This bill would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, an energy or water efficient home appliance, as defined, purchased by a public utility that are provided at no cost to a participant in an energy efficiency program. 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 law authorizes districts, as specified, to 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 state sales and use taxes are 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 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.

Bill Text

Action History

  1. From Senate committee without further action.

  2. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  3. Re-referred to Com. on RLS.

  4. Withdrawn from committee.

  5. From committee: Be re-referred to Com. on G.O. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0.) Re-referred to Com. on G.O.

  6. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Ordered to second reading.

  11. From inactive file.

  12. Ordered to inactive file at the request of Senator Galgiani.

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered to second reading.

  15. Ordered to second reading.

  16. From inactive file.

  17. Ordered to inactive file at the request of Senator Hill.

  18. Ordered to third reading.

  19. From consent calendar.

  20. Read second time. Ordered to consent calendar.

  21. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  22. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 11. Noes 0.) (June 11). Re-referred to Com. on APPR.

  23. Referred to Com. on G.O.

  24. In Senate. Read first time. To Com. on RLS. for assignment.

  25. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1343.)

  26. Read second time. Ordered to consent calendar.

  27. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 1).

  28. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 16. Noes 0.) (April 10). Re-referred to Com. on APPR.

  29. Referred to Com. on G.O.

  30. From printer. May be heard in committee March 24.

  31. Read first time. To print.

Sponsors

  • Hall · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Hall

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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, but re-refer to the Committee on Appropriations Recommend Consent.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Hernandez — Yea
Lieu — Yea
Wright — Yea
De León — Yea
Cannella — Yea
Nielsen — Yea
Correa — Yea
Galgiani — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 816 HALL Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 64004
Democratic 7000
Republican 4000
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Levine — Yea
Maienschein — Yea
Nazarian — Yea
Pan — Yea
Torres — Yea
Wagner — Yea
Cooley — Yea
Daly — Yea
Mansoor — Yea
Skinner — Yea
Stone — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Gomez — Yea
Hall — Yea
Linder — Yea
Olsen — Yea
Quirk — Yea
Wilk — Yea
Gatto — Yea
Medina — Yea
Melendez — Yea
Eggman — Yea
Bonilla — Yea
Holden — Not Voting
Jones-Sawyer — Yea
Logue — Not Voting
Bocanegra — Yea
Morrell — Yea
John A. Pérez — Yea
Mullin — Yea
Salas — Yea
Nestande — Yea
Perea — Yea
Rendon — Yea
Ting — Yea
Waldron — Not Voting
Campos — Yea
Weber — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Dickinson — Yea
Donnelly — Not Voting
Wieckowski — Yea
Williams — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Holden — Yea
Linder — Yea
Pan — Yea
Quirk — Yea
Bocanegra — Yea
Gomez — Yea
Hall — Yea
Harkey — Yea
Campos — Yea
Bigelow — Yea
Donnelly — Yea
Eggman — Yea
Wagner — Yea
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Jones-Sawyer — Yea
Nestande — Yea
Hagman — Yea
Hall — Yea
Salas — Yea
Gray — Yea
Levine — Yea
Medina — Yea
Bigelow — Yea
Chesbro — Yea
Cooley — Yea
Perea — Yea
Torres — Not Voting
Waldron — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

taxation energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 816 do?
Existing sales and use tax laws impose 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 property purchased from a retailer for storage, use, or other consumption in this state, as measured by sales price. Those laws provides various exemptions from those taxes. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electric corporations and gas corporations, while a local public owned electric utility is under the direction of its governing board. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission to establish a program of assistance to low-income electric and gas customers, referred to as the California Alternate Rates for Energy (CARE) program. The CARE program provides lower rates to low-income customers. Eligibility for the CARE program is for those electric and gas customers with annual household incomes that are no greater than 200% of the federal poverty guideline levels. This bill would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, an energy or water efficient home appliance, as defined, purchased by a public utility that are provided at no cost to a participant in an energy efficiency program. 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 law authorizes districts, as specified, to 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 state sales and use taxes are 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 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.
Who sponsors AB 816?
AB 816 is sponsored by Hall.
What is the current status of AB 816?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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 AB 816?
Track AB 816 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 816

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 816

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →