Bill Text: CA AB150 | 2009-2010 | Regular Session | Amended

California Assembly Bill 150 (Prior Session Legislation)

Bill Title: Sales and use taxes: exemption: energy efficient

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB150 Detail]

Download: California-2009-AB150-Amended.html

BILL NUMBER: AB 150	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2009

INTRODUCED BY   Assembly Member Smyth

                        JANUARY 22, 2009

   An act to add  Section 6398 to   and repeal
Section 6398 of  the Revenue and Taxation Code, relating to
taxation, to take effect immediately, tax levy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 150, as amended, Smyth. 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  of, or 
 , and 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  . That law provides various exemptions from 
that tax   those taxes  .
   This bill would , until January 1, 2015,  also exempt
from  that tax during a qualified period, which would be
defined as April 24 of each year beginning in 2010,  
those taxes, the sale of, including specified layaway agreements, and
the storage, use, or other consumption of,  energy efficient
products, as defined,  including specified layaway agreements
  sold for home or personal use, on the first Saturday
immediately following Earth Day, beginning in 2010  . 
   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 are incorporated in 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.  
   Counties and cities are authorized to impose local sales and use
taxes in conformity with state sales and use taxes. Exemptions from
state sales and use taxes enacted by the Legislature are incorporated
into the local 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.
   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) During a qualified period, 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, energy efficient products.
   (b) For purposes of this section, all of the following apply:
   (1) "Energy efficient  products   product
 " means a product that meets or exceeds the applicable ENERGY
STAR efficiency requirements developed by the United States
Environmental Protection Agency and the United States Department of
Energy  and that is for home or personal use  . 
   (2) "Qualified period" means the period beginning at 12:00 a.m. on
each April 24 and ending at 11:59 p.m. on each April 24, which date
annually occurs during the week of Earth Day. The first qualified
period begins on April 24, 2010. 
   (c) The exemption provided for by this section also includes any
of the following sales:  
   (2) "Qualified period" means the 24-hour period beginning at 12:00
a.m. on the Saturday immediately following Earth Day, which occurs
on April 22, and ending at 11:59 p.m. on that Saturday. The first
qualified period shall be on Saturday, April 24, 2010.  
   (c) For purposes of this section, a sale or purchase also
includes: 
   (1) Layaway agreements entered into during the qualified period
specified in paragraph (2) of subdivision (b) for which the purchaser
has made a deposit of at least 10 percent of the sale price of the
energy efficient product.
   (2) The sale of an energy efficient product pursuant to an order
placed by the purchaser and paid for in full during the qualified
period specified in paragraph (2) of subdivision (b), notwithstanding
the fact that delivery of the energy efficient product is made
subsequent to the  period of the exemption  
qualified period  . 
   (d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed. 
  SEC. 2.  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. 3.  This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.