Sales and use taxes: exemption: medium- or heavy-duty zero-emission trucks.
Summary
Existing sales and use tax laws impose taxes on retailers measured by gross receipts from the sale of tangible personal property sold at retail in this state, or 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, measured by sales price. The Sales and Use Tax Law provides various exemptions from those taxes. Existing law establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The State Air Resources Board, in this capacity, administers the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project under which the agency issues a limited number of vouchers to incentivize the purchase and use of zero-emission commercial vehicles. This bill would provide an exemption from sales and use taxes with respect to the sale in this state of, and the storage, use, or other consumption in this state of, a qualified motor vehicle. The bill would define "qualified motor vehicle" as, among other things, a new zero-emission truck that is eligible for a project voucher. The bill would, however, disallow the exemption from a sales or use tax where the vehicle purchase was made using a voucher issued by the State Air Resources Board pursuant to the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project. The bill would provide that the tax exemption does not apply to specified state sales and use taxes from which the proceeds are deposited into the Local Revenue Fund, the Local Revenue Fund 2011, or the Local Public Safety Fund. The bill would provide that the exemption would apply to otherwise eligible sales and uses of a vehicle where the internet website of the State Air Resources Board indicates a vehicle is eligible for the voucher program at the time the purchase is made, notwithstanding a contrary determination made by the State Air Resources Board. The bill would require the State Air Resources Board to indicate the date on which it updates its internet website to reflect changes in the eligibility of a vehicle under the voucher project. The bill would provide that the exemption is to become operative on April 1, 2023. 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 existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. This bill would specify that this exemption does not apply to local sales and use taxes or transactions and use taxes. The bill would provide that the above-described exemption shall become inoperative on April 1, 2028, and as of that date is repealed. Existing law requires a bill that would authorize a new tax expenditure under the Sales and Use Tax Law to identify specific goals, purposes, and objectives that the tax expenditure will achieve, and detailed performance indicators and data collection requirements for determining whether the tax expenditure achieves these goals, purposes, and objectives. This bill would make findings specifying the goal, purpose, and objective of the sales and use tax exemption provided by this bill and the performance indicator to be used, and would require, on or before January 1, 2023, the California Department of Tax and Fee Administration to provide a report to the Assembly Committee on Revenue and Taxation and the Senate Committee on Governance and Finance on the use of the tax exemption. This bill would take effect immediately as a tax levy.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2022
Senate Passage
Jan 2022
Assembly Passage
Governor
Introduced Feb 18, 2021
Last action Aug 11, 2022
Floor votes · Senate Jan 18, 2022
How they voted
33–0
Passed · 7 other
Total votes 40
Jan 18, 2022
D
Democratic31
87% Yea
R
Republican9
66% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
30
Key actions
11
Committee
5
Amendments
7
Aug 11, 2022
Lower · Passed
August 11 hearing: Held in committee and under submission.
lower
Jun 30, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (June 30). Re-referred to Com. on APPR.
lower
Jun 22, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on REV. & TAX.
lower
May 5, 2022
Committee
Referred to Com. on REV. & TAX.
lower
Jan 18, 2022
Upper · Passed
Read third time. Passed. (Ayes 33. Noes 0. Page 2775.) Ordered to the Assembly.
upper
May 25, 2021
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
May 24, 2021
Upper · Passed
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1195.) (May 20).
upper
May 10, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 1045.) (May 6). Re-referred to Com. on APPR.
upper
May 3, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
upper
Apr 20, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on GOV. & F.
upper
Apr 19, 2021
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on GOV. & F. (Ayes 14. Noes 0. Page 780.) (April 13).
upper
Mar 25, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.
upper
Mar 3, 2021
Committee
Referred to Coms. on TRANS. and GOV. & F.
upper
Feb 18, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Monique Limón
DDemocratic
Co
Bill Dodd
DDemocratic
Co
Dave Cortese
DDemocratic
Co
Josh Newman
DDemocratic
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