Tax Commission:
Group Led by Keeley Working on $3 Billion Tax Hike on Energy

A working group from the state tax commission is expected to propose a $3 billion tax increase on gasoline and diesel fuel, and the group said it expects the tax to increase substantially each year.

Led by Fred Keeley (a member of the Commission on the 21st Century Economy and treasurer of Santa Cruz County), the working group met August 25 at the State Board of Equalization headquarters in Sacramento to discuss how an 18-cent tax increase on each gallon of gasoline and diesel fuel would "encourage energy conservation." A draft of the working group's proposed legislation, to be submitted to the tax commission September 10, said the tax hike would lead Californians to drive less or use more fuel-efficient vehicles.

The new tax on motor vehicle fuel would provide funding for rebates to low-income taxpayers that would offset the regressivity created by an increased fuel tax burden.

The non-partisan Legislative Analyst's Office raised a number of concerns. The analyst said that the proposal, as originally written, would have violated the state constitution because tax rebates to low-income taxpayers would have been funded by the State Highway Users Account, which is prohibited by Article XIX of the constitution. In response, the working group amended the proposal to deposit fuel taxes into the state's general fund and then mandate that the general fund money be used for rebates to low-income taxpayers.

At the meeting, legislative staffers voiced a concern for what would happen to such rebate payments during a budget crisis, but those concerns went unanswered.

While an 18-cent tax on gasoline and diesel fuel would raise an estimated $3 billion in the first year alone, the working group's proposal also allows for automatic rate increases based on increases in the Consumer Price Index. In addition to adjusting for CPI, the working group proposed that 7 cents be added to the per-gallon tax each year. Based on these rates, California's new tax on gasoline and diesel fuel would be 46 cents per gallon in five years, even before factoring in rate increases tied to the CPI, and would cost motorists $7.6 billion in year five.

The new tax would be in addition to the existing state gas tax of 18 cents per gallon, the federal tax of 18.4 cents per gallon, and the sales tax that is assessed after gas taxes are added to the price. California consumers also ultimately pay the costs of the state's high taxes and regulatory costs on businesses that produce and sell gasoline.

Revenues raised from an increased tax would fund mass transit projects, local government transportation projects, and general state and local infrastructure maintenance, members of the working group said.

During the meeting, there was no mention of how the rate might be adjusted downward if the CPI declines, as it has so far in 2009. Also, revenue estimates did not consider how increased rates would affect consumers' behavior, even though the stated purpose of the proposal is to reduce consumption of gasoline and diesel fuel. If the idea is implemented and it reduces consumption dramatically, as planned, infrastructure and maintenance projects would lose a major source of their funding.

During the working group, no one discussed how a $3 billion tax increase on fuel would affect the state's business climate or the economy.

Cal-TaxReports, August 31, 2009

© 2009 California Taxpayers' Association. All Rights Reserved.