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Council Member Robles - RevTax April 16 2021 PolicyCommitteeRevenue and Taxation Policy Committee April 16, 2021 League of California Cities │ www.cacities.org League of California Cities │ www.cacities.org Welcome and Introductions Chair: Lisa Middleton, Mayor Pro-Tem, Palm Springs Vice Chair: Norma Martinez-Rubin, Mayor, Pinole Cal Cities President and Executive Director Message President, Cheryl Viegas Walker, Mayor, El Centro Cal Cities Executive Director, Carolyn Coleman Housekeeping Notes 1. If you plan on speaking today, please make sure your audio is connected. You should have been prompted to connect your audio when joining the webinar, but you can confirm by clicking the arrow next to the microphone on your tool bar. 2. All attendees have been muted upon entry. 3. This webinar is being recorded. League of California Cities │ www.cacities.org How to Ask a Question 1. To ask a question or make a comment, use the ‘raise hand’ feature. First, click the participant button on your tool bar. League of California Cities │ www.cacities.org A new window should appear on your screen. Look at the bottom for the raise hand option Public Comment League of California Cities │ www.cacities.org State Budget and COVID-19 Fiscal Impact Update League of California Cities │ www.cacities.org State Budget –May Revise Eve •State windfall is $20 billion above projections •Urgent budget actions already taken: •$536 million for wildfire and forest resiliency •$9.6 billion for direct COVID-19 impact support •Golden State Stimulus -provide $600 checks to 5.7 million lower- income Californians. ITIN holders are eligible. •$2 billion to the California Small Business COVID-19 Relief Grant program —small businesses can receive a grant up to $25,000. •Tax cuts allowing businesses to deduct up to $150,000 in expenses covered by the federal Paycheck Protection Program and federal Economic Injury Disaster Loan funds. •Two years of fee relief for tens of thousands of restaurants, bars, hair salons, and other state license holders. •$100 million in emergency financial aid for low-income community college students. •$24 million in emergency aid for farm workers required to quarantine. •$400 million in federal aid for state-subsidized childcare and preschool providers. State Budget –Senate Proposal •State Senate “Build Back Boldly ” Plan released ahead of ‘May Revise’ •Limit ongoing negative impacts of COVID-19 crisis: •Assist economically impacted Californians: rent, mortgage, utilities, student debt. •Address mental health challenges for students, workforce, and families. •Provide additional direct stimulus relief to struggling Californians and small businesses/nonprofits. •Fill gaps in other federal stimulus programs to assist local governments, schools, universities, and other programs [bold added]. •Fund critical and eligible infrastructure projects, including broadband expansion, clean energy, and the Safe and Affordable Drinking Water program. •Augment General Fund investments for eligible purposes throughout the budget. •Highlight: $20 billion over five years for local homelessness interventions. COVID-19 Fiscal Impact Update League of California Cities │ www.cacities.org Projected Revenue Shortfall •Cities face a $6 billion general revenue shortfall throughout the pandemic and expected recovery period (March 2020-June 2022): •51 percent is attributed to the decline in transient (hotel) occupancy tax (TOT) revenue. •28 percent of the shortfall amount is attributed to the decline in sales tax revenue. •Additional losses are attributed to declines in revenues from business taxes and licenses, parking and admissions taxes and fees, property transfer taxes, franchises etc. Includes road funds from state to cities. •Property tax impacts are delayed 18-24 months and impact not yet fully understood. May have additional significant negative impacts to a core revenue source. Projected Revenue Shortfall Hotel Lodging Tax (TOT) -51% Sales & Use Tax -28% Road Funds from State -6% Business Tax & Other… City $ Losses FY2020-FY2022 $6.0 Billion Projected Revenue Shortfall -$3,500 -$3,000 -$2,500 -$2,000 -$1,500 -$1,000 -$500 $0 2019-20 2020-21 2021-22Millions Hotel Lodging Tax (TOT)Sales & Use Tax Business Tax & Other Road Funds from State Survey Results 23.70% 76.30% 0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00%90.00% Yes No or Unsure Will the city be able to achieve a balanced budget in FY 21-22 without mitigating expenditures in response to COVID -19? Survey Results 35.10% 64.90% 0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00% No Yes Has the city utilized unrestricted reserves to mitigate the financial impact of COVID-19? Preliminary Survey Results 53.90% 60.60% 60.60% 66.10% 72.80% 0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00% Defer/Delay Maintenance on Public Infrastructure Draw down reserves Defer/Delay Capital Projects Cut Services/Programs Hiring Freeze Which of the following actions has the city done to mitigate revenue impacts and expenditures in response to COVID -19 since the beginning of the pandemic (March 2020)? Survey Results 58.60% 62.90% 65.10% 66.70% 90.30% 0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00%90.00%100.00% Planning/Community Development Public Works/Streets Economic Development Police Parks and Recreation Which city functions/services have been adversely affected by COVID-19?* Survey Results 56.20% 60.00% 61.10% 64.30% 65.90% 68.60% 80.50% 82.70% 82.70% 84.90% 0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00%90.00% Unfunded/new state mandates Affordable Housing Pension obligations (specifically) Homelessness Infrastructure Costs COVID-19 expenditures Business closures/sustained loss Economic recovery (generally) Continued closures of large venues/events/gatherings Revenue shortfalls What are key city challenges in the year ahead? Survey Results 60.80% 68.00% 69.10% 69.60% 74.00% 0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00% Local business/employer assistance Public Works/Streets Small business grants Parks and Recreation programs Public Safety If the city receives direct and flexible funding from the state and/or the federal government, which programs/services would benefit? American Rescue Plan League of California Cities │ www.cacities.org American Rescue Plan –Aid for Local Governments •Historic aid for all cities and counties (contrast to CARES Act) •$65.1 Billion in Relief for Cities, Towns and Villages •$8.3 billion for CA Cities •$7.6 billion for CA Counties •https://www.nlc.org/resource/stabilizing-local-government- operations/ •$10 Billion Capital Project Fund: “to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency.” •Will go to states, tribes and territories (working to make available to cities). Use of Funds •Respond to the COVID-19 emergency and address its economic effects, including through aid to households, small businesses, nonprofits, and industries such as tourism and hospitality. •Provide premium pay to essential employees or grants to their employers. Premium pay cannot exceed $13 per hour or $25,000 per worker. •Provide government services affected by a revenue reduction resulting from COVID-19. •Make investments in water, sewer or broadband infrastructure Use of Funds –Bill Language •For the provision of government services to the extent of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county prior to the emergency; •For most, this is FY 18-19. •To make necessary investments in water, sewer, or broadband infrastructure. •Guidance likely on what will be deemed “necessary.” Plain Restrictions •Cannot use the funds towards pensions. •Guidance needed on whether this includes employer cost-share, OPEB, and 115 trusts. •State and local governments could transfer funds to private nonprofit groups, public benefit corporations involved in passenger or cargo transportation, and special-purpose units of state or local governments. •Read to include special districts; joint-power authorities Requirements and Timelines •US Treasury Guidance and Requirements still being drafted! •Have 60 days from passage on March 11, 2021. •Allocation amounts still being finalized. •Cities/Counties will receive funds upon active certification (US Treasury). •Ensure the entity has a valid DUNS number and an active SAM registration. •Gather your city payment information, including: •Entity Identification Number (EIN), name, and contact information •Name and title of an authorized representative of the entity •Financial institution information (e.g., routing and account number, financial institution name and contact information) •Funds distributed to cities and counties by Treasury within 60 days of enactment (March 11). •Disbursements will be in two installments “tranches” (12 months apart). •All funds must be used by December 1, 2024. •Key to keep in mind for long term programs/investments/loans. •Guidance needed on whether infrastructure projects must be completed by this date. Requirements and Timelines •Nonentitlement cities (<50,000 pop) will receive funds through the state (Dept of Finance and State Controller). •No later than 30 days after the state receives the funds; state can request an extension but there are penalties. •Cal Cities working to ensure a streamlined process. •Periodic Reports to US Treasury •Recipients of “payment made under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of such funds by such metropolitan city, nonentitlement unit of local government, or county and including such other information as the Secretary may require for the administration of this section.” •Reporting requirements still in development. Tips While the nation awaits guidance… •Establish record of revenue loss, service impacts, local economic impacts, community impacts, and recovery needs to support reporting and narrative. This should also support you if Treasury needs additional clarity on an expenditure. •Plan to prioritize investments that fall clearly/plainly within eligible uses. •Direct COVID-19 response expenditures (PPE, sanitation, public safety costs) •Restoration of a core service impacted by revenue losses •Small business grants, rent relief, direct cash assistance, utility/fee relief, etc. •Premium pay for essential workers. •Keep in mind one-time vs. long-term commitments. Legislative Update and Action League of California Cities │ www.cacities.org League of California Cities │ www.cacities.org Legislative Update League of California Cities │ www.cacities.org League of California Cities │ www.cacities.org Sales Tax Exemptions and Exclusion Bonanza AB 217 (Valladares) Sales and Use Taxes. Exemption. Tax Holiday. School Supplies. •Sales exemptions for a whole list of school supplies for a single back-to-school buying season (July 30-August 1, 2022) •Oppose; if measure is heard. AB 607 (Arambula) Sales and Use Taxes: Exemptions: Blood Screening. •Provides 5-year SUT exemption for licensed blood bank equipment and supplies. •Oppose; if measure is heard. League of California Cities │ www.cacities.org Sales Tax Exemption and Exclusion Bonanza AB 879 (Rubio) California Tax Amnesty and Revenue Recovery Act. •Requires the California Department of Tax and Fee Administration (CDTFA) to open a penalty free payment window from February 2022 and March 2022 to incentivize payment of taxes. •May be beneficial to close tax collection gaps –“tax gap”. •May be duplicative of existing CDTFA authority. •Watch; engage with CDTFA. Awaiting clarity from author whether she intends to include sales and use taxes. AB 906 (Carrillo) Zero-emission trucks: tax and fee exemptions. •Provides a sales tax exemption to zero emission heavy duty trucks. •Exempts these vehicles from the vehicle license fee, as well. •Exempts these vehicles from registration and weight fees. •Oppose; if measure is heard. League of California Cities │ www.cacities.org Sales Tax Exemption and Exclusion Bonanza AB 1121 (Rodriguez) Sales and Use Taxes: Emergency Preparation Items. •Exemption for a host of emergency preparedness items during the last week of June for the next two years. •Oppose; if measure is heard. SB 542 (Limon) Sales and Use Taxes: Heavy-Duty Zero Emission Trucks •Reduces the vehicle license fee and sales tax on new medium-and heavy- duty trucks zero-emission trucks to the level that would be imposed on an equivalent new diesel or gasoline truck. •Neutral if author removes local taxes and fee exemptions; author/sponsors have committed to remove local impact. SB 771 (Becker) Sales and Use Taxes: Zero Emission and Hybrid Vehicles Exemption •Applies to full and hybrid electric vehicles valued under $25,000. •The state has rebate and other incentive programs that should support adoption of these vehicles. •Oppose; if measure is heard. League of California Cities │ www.cacities.org Team Soda vs. Team Pop AB 1163 (Nazarian) Local Government: Taxation: Prohibition: Groceries. •“Soda Tax” •Restores local authority to tax carbonated and noncarbonated nonalcoholic beverages •Cal Cities opposed authorizing statute (AB 1831, 2017) •Threats of a ballot measure restricting local taxation authority, reducing fee authority and increasing tax vote thresholds still loom. •This measure has not been set for hearing; if measure is pursued this year, an update and discussion should be had at the June meeting. League of California Cities │ www.cacities.org Fee Collection: Online Sales AB 1402 (Levine) Marketplace Facilitator: Fee Collection. •Expands the online sales tax collection framework, installed after Wayfair, to include any fees that should be collected on sales. •Fees include: California Tire, Lead-Acid Battery, Lumber Assessment, and eWaste. •Neutral League of California Cities │ www.cacities.org Property Tax Office SB 219 (McGuire) Property Taxation: Delinquent Penalties and Costs: Cancellation: Public Health Orders. •Provides tax collectors authority and clarity to provide penalty relief to taxpayers who are delinquent because of economic hardship because of shelter in place orders. Taxpayers must pay principal to receive penalty relief. •Support SB 539 (Hertzberg) Proposition 19: Intergenerational Transfers •Implements Proposition 19 and clarifies law where responsibilities, documentation, and oversight were unclear. •Watch for any negative changes for cities to Proposition 19. AB 1146 (Cervantes) Small Business Rent Forgiveness and Tax Relief •Establishes framework for counties to optionally implement local rent forgiveness and tax relief programs through local tax credits to be reimbursed by state grants funds. •Fate of measure uncertain given ARP restrictions on state tax cuts •Engage with author; stakeholders to prevent local tax cuts not approved by city councils and county boards of supervisors. League of California Cities │ www.cacities.org Diners and Dives AB 1181 (Nguyen) Local Restaurant Fee Prohibition and Refunds •Prohibits cities/counties from imposing or collecting license fees from restaurants from January 1, 2020 through 2021. Also, requires full refund of any collected fees. •Particularly concerned about the costs of liquor licenses/health permits. •Coalition Oppose. Bill not set for hearing. League of California Cities │ www.cacities.org Stay a while Short-Term Rentals SB 60 (Glazer) Ordinance Violations •Allows cities to impose scaling fines up to $5,000 for ordinance violations. •Sponsored by City of Orinda following deadly Halloween AirBnB shooting. •Pending support; seeking clarification that measure applies to short- term rentals not traditional hotels. League of California Cities │ www.cacities.org EIFD, CRIA, 123 SB 696 (Allen) Enhanced Infrastructure Financing Districts (EIFDs) Powers •Provides EIFDs with powers to acquire property and utilize eminent domain. ─Similar to powers provided to Community Revitalization and Investment Authorities (CRIAs). •Explicitly allows the state to participate in EIFD and contribute state resources. •Watch; may not move this year. League of California Cities │ www.cacities.org EIFD, CRIA, 123 SB 780 (Cortese) EIFD and CRIA Improvements •Provides several revisions to the EIFD and CRIA laws intended to further incentivize their use and attract investors. •Removes 10 year protest provision that threatens the viability of the district each decade and has scared away investors. •CALED sponsored; technical assistance provided by Cal Cities. •Support. League of California Cities │ www.cacities.org Links Sales Tax Bills Property Tax Bills Other Taxes, Fees, Charges, Misc. Bills EconDevelopment Bills All RT Interest Bills http://www.californiacityfinance.com/ League of California Cities │ www.cacities.org Legislative Action League of California Cities │ www.cacities.org League of California Cities │ www.cacities.org SB 555 (McGuire) Online Short-Term Rental Facilitator Program Summary •Provides an opt-in program for cities to delegate short-term rental Transient Occupancy Taxes (TOT) collection authority to CDTFA •Requires short-term rental platforms to register with CDTFA and collect TOT •Potentially broadens the collection base •Allows cities to opt-out •Cities that opt-in share proportional costs of administration •Cities must process any refunds League of California Cities │ www.cacities.org SB 555 (McGuire) Online Short-Term Rental Facilitator Program Staff Concerns and Comments In alignment with existing Cal Cities policy, staff remains concerned that the adoption of the proposed framework could result in: ─Less effective and transparent TOT collection, ─The termination of existing and future voluntary collection agreements, and ─Has the potential to allow future state involvement in local regulatory authority. League of California Cities │ www.cacities.org SB 555 (McGuire) Online Short-Term Rental Facilitator Program Issues •Imprecise and incomplete application/collection of local taxes by platforms •Insufficient data sharing does not provide proper audit controls –for CDTFA or cities. •Potentially high administrative costs •Bifurcated local/state TOT collection issues (hotels/short- term rentals) •Broader concern of allowing state to potentially erode local control of TOT. •Potential to provide legitimacy to otherwise incompliant or unauthorized short-term rental units. League of California Cities │ www.cacities.org SB 555 (McGuire) Online Short-Term Rental Facilitator Program Issues •“(d)The department’s audit duties under this part shall be limited to verification that the online short-term rental facilitator complied with this part. •(e)(1)The department shall make available to a requesting local agency any information that is reasonably available to the department regarding the proper collection and remittance of a local charge of the local agency by an online short-term rental facilitator.” League of California Cities │ www.cacities.org SB 555 (McGuire) Online Short-Term Rental Facilitator Program Questions •Would an optional collection program be helpful? o If so, what protections would you like to see? •Are existing vendors a better option to support cities with collection? o Host compliance, Muniservices, Harmari, Deckard Technologies, HDL •How do you weigh the potential benefit of increased TOT collections with state intervention? League of California Cities │ www.cacities.org SB 555 (McGuire) Online Short-Term Rental Facilitator Program Staff Recommendations Staff recommends an oppose unless amended position. Seek amendments to protect the option of voluntary collection agreements, ensure CDTFA and contracting cities have access to adequate platform information to ensure full accounting of each rental property for proper collection, provide that registered platforms also support the costs of administration, clarify the protection of local tax rates, clarify that this measure does not pre-empt any local short term rental ordinances. League of California Cities │ www.cacities.org SB 792 (Glazer) Online Retailer Reporting Summary This bill would require retailers whose annual online sales exceeded $1 million in the previous calendar year to track and report to the California Department of Tax and Fee Administration (CDTFA) the city or ZIP code where the purchaser resides for each sale within the state that is transacted online. The bill would direct retailers to report this information on the same schedule the retailer reports sales to the CDTFA. League of California Cities │ www.cacities.org SB 792 (Glazer) Online Retailer Reporting Summary •The bill would define “transacted online” as one where both: ─The purchaser’s order and payment for the sale and purchase of tangible personal property is transacted and completed on an internet website or web-based application. ─The purchaser’s order and payment for the sale and purchase of tangible personal property is not initiated by the retailer using the retailer’s equipment at the retailer’s place of business. League of California Cities │ www.cacities.org SB 792 (Glazer) Online Retailer Reporting City Manager Sales Tax Working Group •In fall 2017, a working group of city managers, representing a diverse array of cities, was convened by Cal Cities City Manager’s Department to help Cal Cities identify internal common ground on rapidly evolving e-commerce trends and their effects on the allocation of local sales and use tax revenue. •After meeting extensively throughout 2018, the Group made several recommendations that were endorsed unanimously by Cal Cities Revenue and Taxation Policy Committee at its January 2019 meeting and subsequent Board of Directors meeting. League of California Cities │ www.cacities.org SB 792 (Glazer) Online Retailer Reporting City Manager Sales Tax Working Group Recommendation •“Request/Require CDTFA Analysis on Impacts of Sales Tax Destination Shifts: •After discussion of numerous phase-in options for destination sourcing and allocation for sales taxes, the group ultimately decided that a more complete analysis was needed to sufficiently determine impacts. Since the two companies most cities rely on for sales tax analysis, HdL and MuniServices, were constrained to modeling with transaction and use tax (district tax) data, concerns centered on the problem of making decisions without adequate information.” •This aligns with the intent of SB 792. League of California Cities │ www.cacities.org SB 792 (Glazer) Online Retailer Reporting Staff Comments •SB 792 has the potential to productively move conversations forward and examine more closely whether or not, or which, changes are beneficial to cities across the state and the communities we collectively serve. •SB 792 does not make any substantive changes to sales tax allocations which staff believes is a prudent approach while discussion amongst city leaders is had. League of California Cities │ www.cacities.org SB 792 (Glazer) Online Retailer Reporting Staff Recommendations •Staff recommends a support position along with continuing working with the author, relevant policy committees, city managers, fiscal officers, and CDTFA to ensure the most adequate and least- burdensome collection as possible. •Additionally, continue to work with the City Managers Department of the League of California Cities in furthering of actionable steps. Refer proposed action(s) of the Department back to the Revenue and Taxation Policy Committee. Sales Tax Briefing and Discussions (Part 2) Michael Coleman, Fiscal Advisor, Cal Cities, CSMFO League of California Cities │ www.cacities.org League of California Cities │ www.cacities.org Existing League Policy •The existing situs-based sales tax under the Bradley Burns 1% baseline should be preserved and protected. •Tax proceeds collected from internet sales should be allocated to the location where the product is received by the purchaser. Summary of Existing Policy and Guiding Principles League of California Cities │ www.cacities.org Existing League Policy •Sales Tax Sourcing Rules: Support as League policy that point of sale (situs) is where the customer receives the product. Specific proposals in this area should be carefully reviewed so that the impacts of any changes are fully understood. •County Pool Use Tax Allocations: Support the League working with the state California Department of Tax and Fee Administration to update the county pool allocation process to ensure that more revenues are allocated to the jurisdiction where the purchase or first use of a product occurs (usually where the product is delivered). Use Tax collections from online sales, including from the South Dakota v Wayfair Decision, should be shifted out of county pools and allocated to the destination jurisdiction whose Bradley Burns tax applies and not throughout the entire county. CaliforniaCityFinance.com The California Local Government Finance Almanac League of California Cities Revenue and Taxation Policy Committee April 16, 2021 Virtual Meeting Michael Coleman coleman@muniwest.com 530.758.3952 April 2021CaliforniaCityFinance.com * For taxable sales in unincorporated areas, the local 1%rate goes to the county. City* 1.00 Co Transp 0.25 Prop172 0.50 Co Realign 1.5625 State GF 3.9375 Total Base 7.25 % City 1%*State Genera l Fund 3.9375 % County Realign… County Transpo… Propositi on 172 … Add-On Transacti ons & Use (varies) +Add-on TrUTs ……. See Chapter 2.01 of the Municipal Revenue Sources Handbook April 2021CaliforniaCityFinance.com 59 “Sourcing” The rules used to determine the place of sale (the “situs”), and therefore, which tax rates are applied to a given purchase and which jurisdictions are entitled to the local taxes generated from a particular transaction. In most cases, this doesn’t affect over-the-counter sales where the location of the business and the location of receipt by the purchaser are the same. April 2021CaliforniaCityFinance.com Sales Tax Use Tax Transactions Tax Use Tax 60 April 2021CaliforniaCityFinance.com 64 TUT measures were approved November 2020 14 extensions of existing rates 50 new or increase rates. All majority vote general purpose except two: 1/8 cent SF Bay Area three county Measure RR tax for passenger rail 1/4 cent Sonoma County Measure DD tax for affordable housing 263 cities*have approved add-on sales tax rates (TUT) 33 counties have at east one countywide TUT –including “self-help” transportation rates3 counties have rates that apply only in unincorporatia 61 April 2021CaliforniaCityFinance.com City A Retail Store Seller’s Place of Business Buyer Receives at ... * ”Transactions and Use Tax” AKA “Add-On Sales Tax” BrBurns Sales Tax Tr.Use* Tax 62 April 2021CaliforniaCityFinance.com City B Residence or Business Buyer Receives at ... City A Seller with In-State Presence Warehouse Sales Office Seller’s Place of Business * ”Transactions and Use Tax” AKA “Add-On Sales Tax” BrBurns Sales Tax Tr.Use* Tax 63 April 2021CaliforniaCityFinance.com City B Residence or Business Buyer registers at … City A Dealership Seller’s Place of Business * ”Transactions and Use Tax” AKA “Add-On Sales Tax” BrBurns Sales Tax Tr.Use* Tax 64 April 2021CaliforniaCityFinance.com City B Warehouse Residence or BusinessSales Office Seller’s Place of Business Buyer Receives at ... Countywide pool City D City E County City C Out of State BrBurns Use Tax Tr.Use* Tax Seller with Out-of-State Presence 65Exception: BB Use Tax on transactions of $500,000+ is sourced to destination city,* not pool. Reduce this threshold to $50,000 (or other $). CaliforniaCityFinance.com The California Local Government Finance Almanac Michael Coleman coleman@muniwest.com 530.758.3952 Nick Romo nromo@cacities.org 916.658.8200 Legislative Representative, Revenue and Taxation League of California Cities Questions? League of California Cities│ www.cacities.org