California 2015-2016 Regular Session Status: To Executive

AB 2127 — Taxation: motor vehicle fuel: use fuel: alcohol fuels.

Last action — Vetoed by Governor.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law subjects fuels, including alcohol fuels, used to propel a motor vehicle on a highway to either the Motor Vehicle Fuel Tax Law or the Use Fuel Tax Law. Existing law subjects alcohol fuels containing no more than 15% gasoline to the Use Fuel Tax Law at the tax rate of 9 cents per gallon. Existing law subjects gasohol, which includes alcohol containing more than 15% gasoline, to the Motor Vehicle Fuel Tax Law, which through June 30, 2016, is taxed at the rate of 30 cents per gallon. The Motor Vehicle Fuel Tax Law imposes a tax upon each gallon of motor vehicle fuel removed from a refinery or terminal rack in this state, entered into this state, or sold in this state. That law also provides a refund to any person who buys and uses tax-paid gasoline to produce a blended alcohol fuel of no more than 15% gasoline, which is taxed as a use fuel. The Use Fuel Tax Law imposes an excise tax for the use of certain fuels, including an alcohol fuel that is ethanol or methanol containing not more than 15% gasoline. The tax is imposed on the user and requires the vendor who sells and delivers the fuel into a fuel tank of the user to collect the tax and give the user a receipt. This bill instead, until January 1, 2022, would change the gasoline content percentage in both laws to 18 percent. By increasing the allowable percentage of gasoline in alcohol fuels subject to the Use Fuel Tax Law, this bill additionally would subject to that tax, users of alcohol fuels that contain more than 15% and not more than 18% gasoline. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4 p.m.

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 1. Page 5014.).

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 6. Noes 0.) (August 1).

  7. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 29). Re-referred to Com. on APPR.

  8. From committee: Do pass and re-refer to Com. on GOV. & F. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 21). Re-referred to Com. on GOV. & F.

  9. Referred to Coms. on T. & H. and GOV. & F.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 0. Page 4959.)

  12. Read second time. Ordered to Consent Calendar.

  13. From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 18).

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 9).

  17. Referred to Com. on REV. & TAX.

  18. From printer. May be heard in committee March 19.

  19. Read first time. To print.

Sponsors

  • Brough · Cosponsor
  • O'Donnell · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No

Sponsors (1)

  • O'Donnell

Co-sponsors (1)

  • Brough

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

3rd Reading AB2127 O'Donnell By Vidak

Passed 37 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 2100
Total 37101
% of votes cast 95%3%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hernandez — Yea
Huff — Yea
Leyva — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Cannella — Yea
Glazer — Yea
Allen — Yea
Hancock — Yea
Mitchell — Yea
De León — Yea
Hertzberg — Not Voting
Block — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Vidak — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Bates — Not Voting
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Governance and Finance] with the recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Bates — Yea
Galgiani — Yea
Allen — Yea
Cannella — Yea
Leyva — Yea
Mendoza — Yea
Beall — Yea
Roth — Yea
Wieckowski — Yea
Beth Gaines — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2127 O'DONNELL Consent Calendar Second Day

Passed 67 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 580012
Democratic 5000
Republican 4001
Total 670013
% of votes cast 84%0%0%16%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Not Voting
Brough — Not Voting
Brown — Not Voting
Jones-Sawyer — Not Voting
Low — Not Voting
Maienschein — Yea
Mathis — Yea
O'Donnell — Not Voting
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Cooper — Yea
Gatto — Yea
Chávez — Yea
Harper — Yea
Salas — Yea
Olsen — Yea
Wagner — Yea
Burke — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Lopez — Yea
Holden — Yea
Kim — Yea
Levine — Yea
Campos — Yea
Atkins — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Melendez — Not Voting
Mullin — Yea
Nazarian — Yea
Bigelow — Yea
Chang — Yea
Chau — Yea
Chiu — Not Voting
Chu — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Not Voting
Obernolte — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Not Voting
Waldron — Yea
Wilk — Yea
Williams — Yea
Frazier — Yea
Hadley — Not Voting
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bloom — Yea
Quirk — Yea
Santiago — Yea
Wood — Yea
Eggman — Yea
Daly — Yea
Bonilla — Yea
Bigelow — Yea
Holden — Yea
Obernolte — Yea
Wagner — Yea
Weber — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

taxation
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 2127 do?
Existing law subjects fuels, including alcohol fuels, used to propel a motor vehicle on a highway to either the Motor Vehicle Fuel Tax Law or the Use Fuel Tax Law. Existing law subjects alcohol fuels containing no more than 15% gasoline to the Use Fuel Tax Law at the tax rate of 9 cents per gallon. Existing law subjects gasohol, which includes alcohol containing more than 15% gasoline, to the Motor Vehicle Fuel Tax Law, which through June 30, 2016, is taxed at the rate of 30 cents per gallon. The Motor Vehicle Fuel Tax Law imposes a tax upon each gallon of motor vehicle fuel removed from a refinery or terminal rack in this state, entered into this state, or sold in this state. That law also provides a refund to any person who buys and uses tax-paid gasoline to produce a blended alcohol fuel of no more than 15% gasoline, which is taxed as a use fuel. The Use Fuel Tax Law imposes an excise tax for the use of certain fuels, including an alcohol fuel that is ethanol or methanol containing not more than 15% gasoline. The tax is imposed on the user and requires the vendor who sells and delivers the fuel into a fuel tank of the user to collect the tax and give the user a receipt. This bill instead, until January 1, 2022, would change the gasoline content percentage in both laws to 18 percent. By increasing the allowable percentage of gasoline in alcohol fuels subject to the Use Fuel Tax Law, this bill additionally would subject to that tax, users of alcohol fuels that contain more than 15% and not more than 18% gasoline. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.
Who sponsors AB 2127?
AB 2127 is sponsored by Brough and O'Donnell.
What is the current status of AB 2127?
This bill died with 2015-2016 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 AB 2127?
Track AB 2127 free on One Click Politics — get push/email alerts when it moves.

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