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SR-06-23-2015-13Dr Council Meeting: June 23, 2015 Santa Monica, California CITY CLERK'S OFFICE — MEMORANDUM To: City Council From: Mayor McKeown Date: June 23. 2015 13 -D: Request of Mayor McKeown that the Council support AB428 (Nazarian), as amended, to benefit Santa Monica property owners undertaking seismic safety retrofits, which would allow a tax credit equal to 30% of qualified costs, as specified in the bill; and direct staff to proceed with communicating the City's support to state legislators and the Governor. 1 AMENDED IN ASSEMBLY MAY 21, 2015 AMENDED IN ASSEMBLY MAY 12, 2015 CALIFORNIA LEGISLATURE - 2015 -16 REGULAR SESSION ASSEMBLY BILL No. 4'. Introduced by Assembly Member Nazarian February 19, 2015 An act to add and repeal Sections 17053.50 and 23650 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSEL'S DIGEST AB 428, as amended, Nazarian. Income taxes credit: seismic retrofits. The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, a tax credit under both laws in an amount equal to 30% of the qualified costs paid or incurred by a qualified taxpayer for any seismic retrofit construction on a qualified building, as defined. This bill, prior to seismic retrofit construction, would require a taxpayer to obtain certification front the appropriate jurisdiction with local building code enforcement authority that the building has been certified as an at -risk property, as defined. This bill would also require a taxpayer to obtain a certification from the appropriate jurisdiction with authority for building code enforcement of the area in which the building is located that seismic retrofit construction, as defined, has been completed, and to provide —that rtifieation those certifications to the Franchise Tax Board upon the request of the Franchise Tax Board. 97 -2— 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: 1 SECTION 1. Section 17053.50 is added to the Revenue and 2 Taxation Code, to read: 3 17053.50. (a) For taxable years beginning on or after January 4 1, 2016, and before January 1, 2021, there shall be allowed to a 5 qualified taxpayer a credit against the "net tax," as defined in 6 Section 17039, in an amount equal to 30 percent of the qualified 7 taxpayer's qualified costs. 8 (b) For purposes of this section: 9 (1) "At -risk property" means a building that is deemed 10 hazardous and in danger of collapse in the event of a catastrophic I l earthquake, including, but not limited to, soft story buildings, 12 nonductile concrete residential buildings, and pre -1994 concrete 13 residential buildings. 14 (2) "Qualified building" means a building that has been certified 15 as an at -risk property by the loeal building eode enfloreement to 16 the ffea withitt whieh the building is loeateel. pursuant to 17 subparagraph (A) ofparagraph (I) of subdivision (c). A qualified 18 building includes a mobilehome registered by the Department of 19 Housing and Community Development. 20 (3) "Qualified costs" means the costs paid or incurred by the 21 qualified taxpayer for any completed seismic retrofit construction 22 on a qualified building, including any engineering or architectural 23 design work necessary to permit or complete the seismic retrofit 24 construction. "Qualified costs" do not include any of the following 25 costs paid or incurred by the qualified taxpayer: 26 (A) Maintenance, including abatement of deferred or inadequate 27 maintenance, and correction of violations unrelated to the seismic 28 retrofit construction. 29 (B) Repair, including repair of earthquake damage. 30 (C) Seismic retrofit construction required by local building 31 codes as a result of addition, repair, building relocation, change 32 of use, or occupancy. 97 -3— AB 428 1 (D) Other work or improvement required by local building or 2 planning codes as a result of the intended seismic retrofit 3 construction. 4 (E) Rent reductions or other associated compensation, 5 compliance actions, or other related coordination involving the 6 qualified taxpayer and any other party, including a tenant, insurer, 7 or lender. 8 (F) Replacement of existing building components, including 9 equipment, except as needed to complete the seismic retrofit 10 construction. 11 (G) Bracing or securing nonpermanent building contents. 12 (H) The offset of costs, reimbursements, or other costs 13 transferred from the qualified taxpayers to others. 14 (I) Any amount paid by the qualified taxpayer to the jurisdiction 15 with authority for building code enforcement for issuing the 16 "° °" ifteaaon certifications required pursuant tom 17 subdivision (c). 18 (4) "Qualified taxpayer" means a taxpayer that is an owner of 19 a qualified building located in this state. A taxpayer that owns a 20 proportional share of a qualified building in this state may claim 21 the credit allowed by this section based on the taxpayer's share of 22 the qualified costs. 23 (5) (A) "Seismic retrofit construction" means alteration of a 24 qualified building or its components to substantially mitigate 25 seismic damage. Seismic retrofit construction shall be for work 26 performed voluntarily, and for which qualified costs were paid or 27 incurred, on or after January 1, 2016. Seismic retrofit construction 28 shall include, but not be limited to, the following: 29 (AO 30 (i) Anchoring the structure to the foundation. 31 (B) 32 (ii) Bracing cripple walls. 33 (E) 34 (iii) Bracing hot water heaters. 35 (E�) 36 (iv) Installing automatic gas shutoff valves. 37 (H) 38 (v) Repairing or reinforcing the foundation to improve the 39 integrity of the foundation against seismic damage. 40 (F 97 AB 428 1 (vi) Anchoring fuel storage. 2 (S) 3 (vii) Installing earthquake resistant bracing system for 4 mobilehomes that are registered with the r_,A Department 5 of Housing and Community Development. 6 (B) Seismic retrofit construction does not include construction 7 pe formed to bring a building into compliance with local building 8 codes. 9 (c) To be eligible for the credit under this section, the following 10 imtst shall apply: 11 (1) The qualified taxpayer shall doJaotlt all of the following: 12 (A) Prior to seismic retrofit construction, obtain certification 13 from the appropriate jurisdiction with local building code 14 enforcement authority that the building is an at -risk property. 15 Upon the request of the Franchise Tax Board, the qualified 16 taxpayer shall provide a copy of the certification to the Franchise 17 Tax Board. 18 W 19 (B) Obtain certification from the appropriate jurisdiction with 20 authority for building code enforcement, upon a review of the 21 building, that the completed construction satisfies the definition 22 of seismic retrofit construction. The certification shall identify 23 what part of the completed construction, if any, is not seismic 24 retrofit construction. Upon the request of the Franchise Tax Board, 25 the qualified taxpayer shall provide a copy of the certification to 26 the Franchise Tax Board. 27 (B) 28 (C) Retain for his or her records a copy of the eertifieat-ion 29 certifications specified ink subparagraphs (A) 30 and (B). 31 (2) The jurisdiction with authority for building code enforcement 32 in which a qualified building is located has entered into an 33 agreement with the state to provide certifications pursuant to this 34 section and to not seek reimbursement pursuant to Section 6 of 35 Article XIIIB of the California Constitution for any costs incurred 36 in providing those certifications. 37 (d) (1) The credit amount allowed in subdivision (a) shall be 38 claimed by a qualified taxpayer at the rate of one -fifth of the credit 39 amount for the taxable year in which the credit is allowed, and 97 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -5— AB 428 one -fifth of the credit amount for each of the subsequent four taxable years. (2) In the case where the credit allowed under this section exceeds the "net tax" as defined in Section 17039, for a taxable year, the excess credit may be carried over to reduce the "net tax" in the following taxable year, and succeeding four taxable years, if necessary, until the credit has been exhausted. (e) For purposes of computing the credit provided by this section, the qualified costs shall be reduced by any grant provided by a public entity for the seismic retrofit construction. (f) This credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim pursuant to this part with respect to qualified costs. (g) Section 41 shall not apply to the credit allowed pursuant to this section. (h) This section shall remain in effect only until December 1, 2021, and as of that date is repealed. SEC. 2. Section 23650 is added to the Revenue and Taxation Code, to read: 23650. (a) For taxable years beginning on or after January 1, 2016, and before January 1, 2021, there shall be allowed to a qualified taxpayer a credit against the "tax," as defined in Section 23036, in an amount equal to 30 percent of the qualified taxpayer's qualified costs. (b) For purposes of this section: (1) "At -risk property" means a building that is deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including, but not limited to, soft story buildings, nonductile concrete residential buildings, and pre -1994 concrete residential buildings. (2) "Qualified building" means a building that has been certified as an at -risk property by the loeE4 building e de enf6teement for the area within wthie . `t- 1iriiding is iii-.au.d. pursuant to subparagraph (A) ofparagraph (1) of subdivision (c). A qualified building includes a mobilehome registered by the Department of Housing and Community Development. (3) "Qualified costs" means the costs paid or incurred by the qualified taxpayer for any completed seismic retrofit construction on a qualified building, including any engineering or architectural design work necessary to permit or complete the seismic retrofit 97 AB 428 _6_ 1 construction. "Qualified costs" do not include any of the following 2 costs paid or incurred by the qualified taxpayer: 3 (A) Maintenance, including abatement of deferred or inadequate 4 maintenance, and correction of violations unrelated to the seismic 5 retrofit construction. 6 (B) Repair, including repair of earthquake damage. 7 (C) Seismic retrofit construction required by local building 8 codes as a result of addition, repair, building relocation, change 9 of use, or occupancy. 10 (D) Other work or improvement required by local building or 11 planning codes as a result of the intended seismic retrofit 12 construction. 13 (E) Rent reductions or other associated compensation, 14 compliance actions, or other related coordination involving the 15 qualified taxpayer and any other party, including a tenant, insurer, 16 or lender. 17 (F) Replacement of existing building components, including 18 equipment, except as needed to complete the seismic retrofit 19 construction. 20 (G) Bracing or securing nonpermanent building contents. 21 (H) The offset of costs, reimbursements, or other costs 22 transferred from the qualified taxpayers to others. 23 (I) Any amount paid by the qualified taxpayer to the jurisdiction 24 with authority for building code enforcement for issuing the 25 eeft4fieafioti certifications required pursuant tom 26 ofprer�€ subdivision (c). 27 (4) "Qualified taxpayer" means a taxpayer that is an owner of 28 a qualified building located in this state. A taxpayer that owns a 29 proportional share of a qualified building in this state may claim 30 the credit allowed by this section based on the taxpayer's share of 31 the qualified costs. 32 (5) (A) "Seismic retrofit construction" means alteration of a 33 qualified building or its components to substantially mitigate 34 seismic damage. Seismic retrofit construction shall be for work 35 performed voluntarily, and for which qualified costs were paid or 36 incurred, on or after January 1, 2016. Seismic retrofit construction 37 shall include, but not be limited to, the following: 38 (A) 39 (i) Anchoring the structure to the foundation. 40 (B-) 97 -7— AB 428 1 (ii) Bracing cripple walls. 2 (CJ 3 (iii) Bracing hot water heaters. 4 (�} 5 (iv) Installing automatic gas shutoff valves. 6 (E) 7 (v) Repairing or reinforcing the foundation to improve the 8 integrity of the foundation against seismic damage. 9 (Fj 10 (vi) Anchoring fuel storage. 11 (G} 12 (vii) Installing earthquake resistant bracing system for 13 mobilehomes that are registered with the Department of Housing 14 and Community Development. 15 (B) Seismic retrofit construction does not include construction. 16 per formed to bring a building into compliance with local building 17 codes. 18 (c) To be eligible for the credit under this section, the following 19 must shall apply: 20 (1) The qualified taxpayer shall do -bath all of the following: 21 (A) Prior to seismic retrofit construction, obtain certification 22 fi•om the appropriate jurisdiction with local building code 23 enforcement authority that the building is an at -risk property. 24 Upon the request of the Franchise Tax Board, the qualified 25 taxpayer shall provide a coPy of the certification to the Franchise 26 Tax Board. 27 (M 28 (B) Obtain certification from the appropriate jurisdiction with 29 authority for building code enforcement, upon a review of the 30 building, that the completed construction satisfies the definition 31 of seismic retrofit construction. The certification shall identify 32 what part of the completed construction, if any, is not seismic 33 retrofit construction. Upon the request of the Franchise Tax Board, 34 the qualified taxpayer shall provide a copy of the certification to 35 the Franchise Tax Board. 36 (-j 37 (C) Retain for his or her records a copy of the jai ea 38 certifications specified ink subparagraphs (A) 39 and (B). 97 AB 428 —8— 1 (2) The jurisdiction with authority for building code enforcement 2 in which a qualified building is located has entered into an 3 agreement with the state to provide certifications pursuant to this 4 section and to not seek reimbursement pursuant to Section 6 of 5 Article XIIIB of the California Constitution for any costs incurred 6 in providing those certifications. 7 (d) (1) The credit amount allowed in subdivision (a) shall be 8 claimed by a qualified taxpayer at the rate of one -fifth of the credit 9 amount for the taxable year in which the credit is allowed, and 10 one -fifth of the credit amount for each of the subsequent four 11 taxable years. 12 (2) In the case where the credit allowed under this section 13 exceeds the "tax," as defined in Section 23036, for a taxable year, 14 the excess credit may be carried over to reduce the "tax" in the 15 following taxable year, and succeeding four taxable years, if 16 necessary, until the credit has been exhausted. 17 (e) For purposes of computing the credit provided by this 18 section, the qualified costs shall be reduced by any grant provided 19 by a public entity for the seismic retrofit construction. 20 (f) This credit shall be in lieu of any other credit or deduction 21 that the qualified taxpayer may otherwise claim pursuant to this 22 part with respect to qualified costs. 23 (g) Section 41 shall not apply to the credit allowed pursuant to 24 this section. 25 (h) This section shall remain in effect only until December 1, 26 2021, and as of that date is repealed. 27 SEC. 3. This act provides for a tax levy within the meaning of 28 Article IV of the Constitution and shall go into immediate effect. L 97 AB 428 Page 1 ASSEMBLY THIRD READING AB 428 (Nazarian) As Amended May 21, 2015 Majority vote. Tax levy Appropriations 17 -0 Gorne7, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood SUMMARY: Allows a credit equal to 30% of a "qualified taxpayer's" "qualified costs" incurred for "seismic retrofit construction," as specified. Specifically, this bill: 1) Allows the credit for taxable years beginning on or after January 1, 2016, and before January 1, 2021. 2) Defines a "qualified taxpayer" as an owner of a "qualified building" located in California. A taxpayer that owns a proportional share of a "qualified building" may clain the credit based on the taxpayer's share of the "qualified costs." 3) Defines "qualified costs" as costs paid or incurred by the qualified taxpayer for any completed "seismic retrofit construction" on a "qualified building," including any engineering or architectural design work necessary to permit or complete the "seismic retrofit construction." "Qualified costs" shall not include any of the following: a) Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the "seismic retrofit construction "; b) Repair, including repair of earthquake damage; c) "Seismic retrofit construction" required by local building codes as a result of addition, repair, building relocation, change of use, or occupancy; d) Other work or improvement required by local building or planning codes as a result of the intended "seismic retrofit construction'; e) Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified taxpayer and any other party, including a tenant, insurer, or lender; f) Replacement of existing building components, including equipment, except as needed to complete the "seismic retrofit construction "; AB 428 Page 2 g) Bracing or securing nonpermanent building contents; h) The offset of costs, reimbursements, or other costs transferred from the qualified taxpayers to others; or, i) Amounts paid to the jurisdiction with authority for building code enforcement for issuing the certifications required by this bill. 4) Defines "seismic retrofit construction" as alteration of a "qualified building" or its components to substantially mitigate seismic damage. Seismic retrofit construction shall be for work performed voluntarily, and for which qualified costs were paid or incurred, on or after January 1, 2016. Seismic retofit construction shall include the following: a) Anchoring the structure to the foundation; b) Bracing cripple walls; c) Bracing hot water heaters; d) Installing automatic gas shutoff valves; e) Repairing or reinforcing the foundation to improve the foundation's integrity against seismic damage; f) Anchoring fuel storage; and, g) Installing an earthquake- resistant bracing system for mobile homes registered with the Department of Housing and Community Development. 5) Provides that seismic retrofit construction does not include construction pet-formed to bring a building into compliance with local building codes. 6) Defines a "qualified building" as a building that has been certified as an "at -risk property," as specified. A qualified building specifically includes a mobile home registered by the Department of Housing and Community Development. 7) Defiles an "at -risk property" as a building deemed hazardous and in danger of collapse in the event of a catastrophic earthquake, including soft story buildings, nonductile concrete residential buildings, and pre -1994 concrete residential buildings. 8) Provides that, to be eligible for the credit, the following must apply: a) The qualified taxpayer must obtain certification, prior to construction, that the building is an at -risk property. b) The qualified taxpayer must obtain certification from the appropriate jurisdiction with authority for building code enforcement, upon a review of the building, that the completed construction satisfies the definition of seismic retrofit construction. The certification shall identify what part of the completed constriction, if any, is not seismic retrofit construction. Upon request of the Franchise Tax Board (FTB), the qualified taxpayer must provide a copy of the certification to the FTB. AB 428 Page 3 c) The jurisdiction with authority for building code enforcement in which a qualified building is located has entered into an agreement with the state to provide certifications and to not seek reimbursement for any costs incurred in providing those certifications. 9) Requires the credit amount allowed to be claimed by a qualified taxpayer at the rate of one -fifth of the credit amount for the taxable year in which the credit is allowed, and one -fifth of the credit amount for each of the subsequent four taxable years. 10) Provides that, in cases where the credit amount exceeds the taxpayer's tax liability, the excess credit amount may be carried over to the fallowing taxable year, and succeeding four taxable years, until the credit has been exhausted. 11) Provides that, for purposes of computing the credit, the qualified costs shall be reduced by any grant provided by a public entity for the seismic retrofit construction. 12) Provides that this credit shall be in lieu of any other credit or deduction that the qualified taxpayer may otherwise claim with respect to qualified costs. 13) Allows the credit under both the Personal Income Tax Law and the Corporation Tax Law. 14) Provides that Revenue and Taxation Code (R &TC) Section 41 shall not apply to the credit. 15) Takes immediate effect as a tax levy. 16) Sunsets the credit provisions on December 1, 2021. FISCAL EFFECT: According to the Assembly Appropriations Committee: 1) Potentially significant General Fund (GF) costs to the FTB to administer the changes to forms and systems. 2) Estimated GF revenue decreases of $1.4 million, $5.2 million, and $9.1 million in fiscal year (FY) 2015 -16, FY 2016 -17, and FY 2017 -18, respectively. COMMENTS: 1) The author has provided the following statement in support of this bill: The recent earthquakes, which shook Southern California cities [in] 2014, remind us that an earthquake can strike at any given moment and it is imperative that we ensure our structures are suitable to withstand a catastrophic earthquake. According to the Southern California Earthquake Center, CalTornia has a 99.7% chance of having a magnitude 6.7 or larger earthquake during the next 30 years, and the likelihood of an even more powerfid quake of magnitude 7.5 or greater in the next 30 years is 46 %. It is imperative that we take every precaution to make sure that human life and property is saved in the event of a catastrophic earthquake. This measure will improve California's resilience against earthquakes, saving the public money that would otherwise have been required for disaster relief. 2) Revenue and Taxation Committee Comments: AB 428 Page 4 a) nat would this bill do? This bill would allow a credit equal to 30% of a qualified taxpayer's qualified costs incurred for seismic retrofit construction. According to the United States Geological Survey, there is a 99.7% chance that a major earthquake of 6.7 in scale will strike California in the next 30 years. This bill's tax credit is designed to lower the overall cost for property owners to improve the seismic safety of their buildings. Proponents note that such action, in turn, could save countless lives in the event of a catastrophic earthquake, and would reduce the demand for state and local emergency services by hopefully minimizing structural damage. Older concrete structures are particularly vulnerable to earthquake damage; last year, the author noted that recent research has identified 1,500 concrete buildings that are seismically vulnerable in the Los Angeles area alone. b) R&TC Section 41 shall not apply: On September 29, 2014, Governor Brown signed into law SB 1335 (Leno), Chapter 845, Statutes of 2014, which added R &TC Section 41. SB 1335 recognized that the Legislature should apply the same level of review used for government spending programs to tax preference programs, including tax credits. Thus, R &TC Section 41 requires any bill introduced on or after January 1, 2015, that allows a new credit to contain specific goals, purposes, and objectives that the tax credit will achieve. In addition, R &TC Section 41 requies detailed performance indicators for the Legislature to use when measuring whether the tax credit meets the goals, purposes, and objectives so- identified. The present bill provides that R &TC Section 41 shall not apply to this credit. The Legislature may wish to consider the appropriateness of this R &TC Section 41 exemption. Critics of an R &TC Section 41 exemption might argue that the exemption exacerbates one of the primary problems inherent in crafting tax expenditure measures — namely, it is often unclear what objectives the Legislature is aiming to achieve. Analysis Prepared by: M. David Ruff / REV. & TAX. / (916) 319 -2098 FN: 0000674