Bill Text: CA AB1329 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Personal Income Tax Law: credit: fuel management activities.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1329 Detail]

Download: California-2015-AB1329-Introduced.html

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BILL NUMBER: AB 1329	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Patterson
   (Coauthor: Assembly Member Chávez)

                        FEBRUARY 27, 2015

   An act to add Section 17053.1 to the Revenue and Taxation Code,
relating to taxation, to take effect immediately, tax levy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1329, as introduced, Patterson. Personal Income Tax Law:
credit: fuel management activities.
   The Personal Income Tax Law allows various credits against the
taxes imposed by that law.
   This bill, for taxable years beginning on or after January 1,
2016, would allow a credit under that law in an amount equal to 25%
of the amounts paid or incurred by a qualified taxpayer, not to
exceed a specified amount, during the taxable year for fuel
management activities, as defined, performed on qualified real
property owned by the qualified taxpayer.
   This bill would take effect immediately as a tax levy.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17053.1 is added to the Revenue and Taxation
Code, to read:
   17053.1.  (a) For taxable years beginning on or after January 1,
2016, there shall be allowed a credit against the "net tax," as
defined by Section 17039, in an amount equal to 25 percent of the
amounts paid or incurred by a qualified taxpayer during the taxable
year for fuel management activities performed on qualified real
property, subject to subdivision (c).
   (b) For the purposes of this section, the following definitions
shall apply:
   (1) "Defensible space" means the area adjacent to a structure or
dwelling where wildfire prevention or protection practices are
implemented to provide defense from an approaching wildfire or to
minimize the spread of a structure fire to wildlands or surrounding
areas.
   (2) "Fuel management activities" means the creation of a
defensible space around structures, the establishment of fuel breaks,
the thinning of woody vegetation for the primary purpose of reducing
risk to structures from wildfire, or the secondary treatment of
woody fuel by looping, scattering, piling, chipping, removing from
the site, or prescribed burning, provided these activities meet or
exceed the requirements of the 2015 California Forest Practice Rules.

   (3) "Hazardous fire area" has the same meaning as that term is
defined in Section 4251 of the Public Resources Code.
   (4) "Qualified real property" means real property that is located
within a hazardous fire area or a very high fire hazard severity zone
in this state.
   (5) "Qualified taxpayer" means a taxpayer who owns qualified real
property. A taxpayer who owns a share of qualified real property may
be allowed a share of the credit based on the taxpayer's share of the
qualified costs.
   (6) "Wildfire" means an unplanned, unwanted wildland fire,
including unauthorized human-caused fires, escaped wildland fire use
events, escaped prescribed fire projects, and all other wildland
fires where the objective is to extinguish the fire.  .
   (7) "Very high fire hazard severity zone" has the same meaning as
that term is defined in subdivision (i) of Section 51177 of the
Government Code.
   (c) The amount of the credit allowed by this section shall not
exceed the lesser of two thousand five hundred dollars ($2,500) per
qualified taxpayer per taxable year or 50 percent of a qualified
taxpayer's total tax for that year.
   (d) A deduction shall not be allowed under this part for any
amount paid or incurred for which a credit is allowed by this
section.
   (e) The Franchise Tax Board shall establish a procedure to verify
that the amount was paid or incurred by the qualified taxpayer for
fuel management activities on qualified property.
   (f) It is the intent of the Legislature to enact legislation to
comply with the requirements of Section 41.
  SEC. 2.   This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.