SB 1340 California Senate · 2021-2022 Regular Session

Property taxation: active solar energy systems: extension.

Summary
The California Constitution generally limits the maximum rate of ad valorem tax on real property to 1% of the full cash value of the property and defines "full cash value" for these purposes as the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment. Pursuant to constitutional authorization, existing property tax law excludes from the definition of "newly constructed" for these purposes the construction or addition of any active solar energy system, as defined, through the 2023–24 fiscal year. Under existing property tax law, this exclusion remains in effect only until there is a subsequent change in ownership, but an active solar energy system that qualifies for the exclusion before January 1, 2025, will continue to receive the exclusion until there is a subsequent change in ownership. Existing law repeals this exclusion on January 1, 2025. This bill would extend the exclusion described above through the 2025–26 fiscal year, and would extend the repeal date to January 1, 2027. By imposing additional duties on local tax officials, the bill would impose a state-mandated local program. Existing law requires any bill extending an existing tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would exclude the extension of the exclusion from these requirements. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Bill status signed all 5 stages cleared
Introduction
Feb 2022
Committee Review
Jun 2022
Senate Passage
May 2022
Assembly Passage
Aug 2022
Signed into Law
Sep 2022
Introduced Feb 18, 2022 Signed Sep 18, 2022
Floor votes · Senate May 26, 2022 · Assembly Aug 18, 2022

How they voted

29–8
Passed · 3 other
Total votes 40
May 26, 2022
D Democratic31
29 Yea 2
93% Yea
R Republican9
8 Nay 1
88% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
36
Key actions
15
Committee
4
Amendments
12
Sep 18, 2022
Signed into law
Approved by the Governor.
legislature
Aug 23, 2022
Upper · Passed
Assembly amendments concurred in. (Ayes 27. Noes 9. Page 5008.) Ordered to engrossing and enrolling.
upper
Aug 18, 2022
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 18, 2022
Lower · Passed
Read third time. Passed. (Ayes 66. Noes 2. Page 5950.) Ordered to the Senate.
lower
Aug 15, 2022
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 11, 2022
Lower · Passed
From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 11).
lower
Aug 2, 2022
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Aug 1, 2022
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 30).
lower
Jun 28, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
lower
Jun 20, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
lower
Jun 2, 2022
Committee
Referred to Com. on REV. & TAX.
lower
May 26, 2022
Upper · Passed
Read third time. Passed. (Ayes 29. Noes 8. Page 3966.) Ordered to the Assembly.
upper
May 19, 2022
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2. Page 3793.) (May 19).
upper
May 9, 2022
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
May 5, 2022
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3609.) (May 4).
upper
Apr 28, 2022
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
upper
Mar 23, 2022
Committee
Re-referred to Com. on GOV. & F.
upper
Mar 15, 2022
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Mar 2, 2022
Committee
Referred to Com. on RLS.
upper
Feb 18, 2022
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Robert M. Hertzberg
Robert M. Hertzberg
DDemocratic
CA
18