California 2021-2022 Regular Session

California Senate Bill SB603 Compare Versions

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1-Amended IN Senate May 20, 2021 Amended IN Senate April 19, 2021 Amended IN Senate March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 603Introduced by Senator BradfordFebruary 18, 2021 An act to amend Section 26249 of the Business and Professions Code, and to add Sections 17053.71 and 23687.5 to the Revenue and Taxation Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTSB 603, as amended, Bradford. Cannabis license deferral and waiver fee program: tax credit.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the control and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. MAUCRSA requires these licensing authorities to establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing MAUCRSA, as specified.AUMA establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires the Controller to make, as specified, disbursements from the fund for various purposes, including, among others, administering programs related to community reinvestment, youth education, prevention, early intervention and treatment, environmental restoration and protection, and public health and safety. AUMA prohibits the Legislature, prior to July 1, 2028, from changing the allocations to those programs. Before making those disbursements, AUMA requires the Controller to disburse funds to various state entities for reasonable costs in carrying out their duties under AUMA, including to the state licensing authorities for implementing, administering, and enforcing MAUCRSA to the extent those costs are not reimbursed by the application, licensing, and renewal fees.MAUCRSA requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. MAUCRSA defines local equity program for these purposes to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.MAUCRSA required a state licensing authority, on or before January 1, 2021, to develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or a renewal fee for a needs-based applicant or needs-based licensee, as specified. Existing law made the operation of those provisions contingent upon an appropriation in the annual Budget Act or another statute for purposes of those provisions.This bill would remove the above-mentioned date and the appropriation condition on the operation of those provisions date, thereby requiring a state licensing authority to develop and implement that fee deferral or waiver program. program upon an appropriation in the annual Budget Act or another statute for that purpose.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new 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 allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, equal to the amount of state and local cannabis licensing fees paid or incurred by a local equity applicant or a local equity licensee, as those terms are defined by MAUCRSA, that are not otherwise reimbursed by a grant or other funds. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further the purposes and intent of AUMA.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26249 of the Business and Professions Code is amended to read:26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.(d) The operation of this section is contingent upon an appropriation in the annual Budget Act or another statute for purposes of this section. SEC. 2. Section 17053.71 is added to the Revenue and Taxation Code, to read:17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.SEC. 3. Section 23687.5 is added to the Revenue and Taxation Code, to read:23687.5. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the tax, as defined by Section 23036, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code. SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
1+Amended IN Senate April 19, 2021 Amended IN Senate March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 603Introduced by Senator BradfordFebruary 18, 2021 An act to amend Section 26249 of the Business and Professions Code, and to add Section Sections 17053.71 and 23687.5 to the Revenue and Taxation Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTSB 603, as amended, Bradford. Cannabis license deferral and waiver fee program: tax credit.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the control and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. MAUCRSA requires these licensing authorities to establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing MAUCRSA, as specified.AUMA establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires the Controller to make, as specified, disbursements from the fund for various purposes, including, among others, administering programs related to community reinvestment, youth education, prevention, early intervention and treatment, environmental restoration and protection, and public health and safety. AUMA prohibits the Legislature, prior to July 1, 2028, from changing the allocations to those programs. Before making those disbursements, AUMA requires the Controller to disburse funds to various state entities for reasonable costs in carrying out their duties under AUMA, including to the state licensing authorities for implementing, administering, and enforcing MAUCRSA to the extent those costs are not reimbursed by the application, licensing, and renewal fees.MAUCRSA requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. MAUCRSA defines local equity program for these purposes to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.MAUCRSA required a state licensing authority, on or before January 1, 2021, to develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or a renewal fee for a needs-based applicant or needs-based licensee, as specified. Existing law made the operation of those provisions contingent upon an appropriation in the annual Budget Act or another statute for purposes of those provisions.This bill would remove the above-mentioned date and the appropriation condition on the operation of those provisions thereby requiring a state licensing authority to develop and implement that fee deferral or waiver program.The Personal Income Tax Law allows and the Corporation Tax Law allow various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new 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 allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, equal to the amount of state and local cannabis licensing fees paid or incurred by a local equity applicant or a local equity licensee, as those terms are defined by MAUCRSA. MAUCRSA, that are not otherwise reimbursed by a grant or other funds. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further the purposes and intent of AUMA.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26249 of the Business and Professions Code is amended to read:26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.SEC. 2. Section 17053.71 is added to the Revenue and Taxation Code, to read:17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer. taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.SEC. 3. Section 23687.5 is added to the Revenue and Taxation Code, to read:23687.5. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the tax, as defined by Section 23036, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.SEC. 3.SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code. SEC. 4.SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
22
3- Amended IN Senate May 20, 2021 Amended IN Senate April 19, 2021 Amended IN Senate March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 603Introduced by Senator BradfordFebruary 18, 2021 An act to amend Section 26249 of the Business and Professions Code, and to add Sections 17053.71 and 23687.5 to the Revenue and Taxation Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTSB 603, as amended, Bradford. Cannabis license deferral and waiver fee program: tax credit.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the control and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. MAUCRSA requires these licensing authorities to establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing MAUCRSA, as specified.AUMA establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires the Controller to make, as specified, disbursements from the fund for various purposes, including, among others, administering programs related to community reinvestment, youth education, prevention, early intervention and treatment, environmental restoration and protection, and public health and safety. AUMA prohibits the Legislature, prior to July 1, 2028, from changing the allocations to those programs. Before making those disbursements, AUMA requires the Controller to disburse funds to various state entities for reasonable costs in carrying out their duties under AUMA, including to the state licensing authorities for implementing, administering, and enforcing MAUCRSA to the extent those costs are not reimbursed by the application, licensing, and renewal fees.MAUCRSA requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. MAUCRSA defines local equity program for these purposes to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.MAUCRSA required a state licensing authority, on or before January 1, 2021, to develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or a renewal fee for a needs-based applicant or needs-based licensee, as specified. Existing law made the operation of those provisions contingent upon an appropriation in the annual Budget Act or another statute for purposes of those provisions.This bill would remove the above-mentioned date and the appropriation condition on the operation of those provisions date, thereby requiring a state licensing authority to develop and implement that fee deferral or waiver program. program upon an appropriation in the annual Budget Act or another statute for that purpose.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new 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 allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, equal to the amount of state and local cannabis licensing fees paid or incurred by a local equity applicant or a local equity licensee, as those terms are defined by MAUCRSA, that are not otherwise reimbursed by a grant or other funds. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further the purposes and intent of AUMA.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Senate April 19, 2021 Amended IN Senate March 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 603Introduced by Senator BradfordFebruary 18, 2021 An act to amend Section 26249 of the Business and Professions Code, and to add Section Sections 17053.71 and 23687.5 to the Revenue and Taxation Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTSB 603, as amended, Bradford. Cannabis license deferral and waiver fee program: tax credit.The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the control and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. MAUCRSA requires these licensing authorities to establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing MAUCRSA, as specified.AUMA establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires the Controller to make, as specified, disbursements from the fund for various purposes, including, among others, administering programs related to community reinvestment, youth education, prevention, early intervention and treatment, environmental restoration and protection, and public health and safety. AUMA prohibits the Legislature, prior to July 1, 2028, from changing the allocations to those programs. Before making those disbursements, AUMA requires the Controller to disburse funds to various state entities for reasonable costs in carrying out their duties under AUMA, including to the state licensing authorities for implementing, administering, and enforcing MAUCRSA to the extent those costs are not reimbursed by the application, licensing, and renewal fees.MAUCRSA requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. MAUCRSA defines local equity program for these purposes to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.MAUCRSA required a state licensing authority, on or before January 1, 2021, to develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or a renewal fee for a needs-based applicant or needs-based licensee, as specified. Existing law made the operation of those provisions contingent upon an appropriation in the annual Budget Act or another statute for purposes of those provisions.This bill would remove the above-mentioned date and the appropriation condition on the operation of those provisions thereby requiring a state licensing authority to develop and implement that fee deferral or waiver program.The Personal Income Tax Law allows and the Corporation Tax Law allow various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new 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 allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, equal to the amount of state and local cannabis licensing fees paid or incurred by a local equity applicant or a local equity licensee, as those terms are defined by MAUCRSA. MAUCRSA, that are not otherwise reimbursed by a grant or other funds. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further the purposes and intent of AUMA.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
44
5- Amended IN Senate May 20, 2021 Amended IN Senate April 19, 2021 Amended IN Senate March 10, 2021
5+ Amended IN Senate April 19, 2021 Amended IN Senate March 10, 2021
66
7-Amended IN Senate May 20, 2021
87 Amended IN Senate April 19, 2021
98 Amended IN Senate March 10, 2021
109
1110 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
1211
1312 Senate Bill
1413
1514 No. 603
1615
1716 Introduced by Senator BradfordFebruary 18, 2021
1817
1918 Introduced by Senator Bradford
2019 February 18, 2021
2120
22- An act to amend Section 26249 of the Business and Professions Code, and to add Sections 17053.71 and 23687.5 to the Revenue and Taxation Code, relating to cannabis.
21+ An act to amend Section 26249 of the Business and Professions Code, and to add Section Sections 17053.71 and 23687.5 to the Revenue and Taxation Code, relating to cannabis.
2322
2423 LEGISLATIVE COUNSEL'S DIGEST
2524
2625 ## LEGISLATIVE COUNSEL'S DIGEST
2726
2827 SB 603, as amended, Bradford. Cannabis license deferral and waiver fee program: tax credit.
2928
30-The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the control and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. MAUCRSA requires these licensing authorities to establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing MAUCRSA, as specified.AUMA establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires the Controller to make, as specified, disbursements from the fund for various purposes, including, among others, administering programs related to community reinvestment, youth education, prevention, early intervention and treatment, environmental restoration and protection, and public health and safety. AUMA prohibits the Legislature, prior to July 1, 2028, from changing the allocations to those programs. Before making those disbursements, AUMA requires the Controller to disburse funds to various state entities for reasonable costs in carrying out their duties under AUMA, including to the state licensing authorities for implementing, administering, and enforcing MAUCRSA to the extent those costs are not reimbursed by the application, licensing, and renewal fees.MAUCRSA requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. MAUCRSA defines local equity program for these purposes to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.MAUCRSA required a state licensing authority, on or before January 1, 2021, to develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or a renewal fee for a needs-based applicant or needs-based licensee, as specified. Existing law made the operation of those provisions contingent upon an appropriation in the annual Budget Act or another statute for purposes of those provisions.This bill would remove the above-mentioned date and the appropriation condition on the operation of those provisions date, thereby requiring a state licensing authority to develop and implement that fee deferral or waiver program. program upon an appropriation in the annual Budget Act or another statute for that purpose.The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new 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 allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, equal to the amount of state and local cannabis licensing fees paid or incurred by a local equity applicant or a local equity licensee, as those terms are defined by MAUCRSA, that are not otherwise reimbursed by a grant or other funds. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further the purposes and intent of AUMA.
29+The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the control and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. MAUCRSA requires these licensing authorities to establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing MAUCRSA, as specified.AUMA establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires the Controller to make, as specified, disbursements from the fund for various purposes, including, among others, administering programs related to community reinvestment, youth education, prevention, early intervention and treatment, environmental restoration and protection, and public health and safety. AUMA prohibits the Legislature, prior to July 1, 2028, from changing the allocations to those programs. Before making those disbursements, AUMA requires the Controller to disburse funds to various state entities for reasonable costs in carrying out their duties under AUMA, including to the state licensing authorities for implementing, administering, and enforcing MAUCRSA to the extent those costs are not reimbursed by the application, licensing, and renewal fees.MAUCRSA requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. MAUCRSA defines local equity program for these purposes to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.MAUCRSA required a state licensing authority, on or before January 1, 2021, to develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or a renewal fee for a needs-based applicant or needs-based licensee, as specified. Existing law made the operation of those provisions contingent upon an appropriation in the annual Budget Act or another statute for purposes of those provisions.This bill would remove the above-mentioned date and the appropriation condition on the operation of those provisions thereby requiring a state licensing authority to develop and implement that fee deferral or waiver program.The Personal Income Tax Law allows and the Corporation Tax Law allow various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new 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 allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, equal to the amount of state and local cannabis licensing fees paid or incurred by a local equity applicant or a local equity licensee, as those terms are defined by MAUCRSA. MAUCRSA, that are not otherwise reimbursed by a grant or other funds. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit. AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further the purposes and intent of AUMA.
3130
3231 The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the control and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. MAUCRSA requires these licensing authorities to establish a scale of application, licensing, and renewal fees, based upon the cost of enforcing MAUCRSA, as specified.
3332
3433 AUMA establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts imposed by AUMA. AUMA requires the Controller to make, as specified, disbursements from the fund for various purposes, including, among others, administering programs related to community reinvestment, youth education, prevention, early intervention and treatment, environmental restoration and protection, and public health and safety. AUMA prohibits the Legislature, prior to July 1, 2028, from changing the allocations to those programs. Before making those disbursements, AUMA requires the Controller to disburse funds to various state entities for reasonable costs in carrying out their duties under AUMA, including to the state licensing authorities for implementing, administering, and enforcing MAUCRSA to the extent those costs are not reimbursed by the application, licensing, and renewal fees.
3534
3635 MAUCRSA requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdictions local equity program or to assist applicants and licensees in a local jurisdictions equity program, and authorizes the bureau to provide technical assistance to the local equity program. MAUCRSA defines local equity program for these purposes to mean a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in Californias cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization.
3736
3837 MAUCRSA required a state licensing authority, on or before January 1, 2021, to develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or a renewal fee for a needs-based applicant or needs-based licensee, as specified. Existing law made the operation of those provisions contingent upon an appropriation in the annual Budget Act or another statute for purposes of those provisions.
3938
40-This bill would remove the above-mentioned date and the appropriation condition on the operation of those provisions date, thereby requiring a state licensing authority to develop and implement that fee deferral or waiver program. program upon an appropriation in the annual Budget Act or another statute for that purpose.
39+This bill would remove the above-mentioned date and the appropriation condition on the operation of those provisions thereby requiring a state licensing authority to develop and implement that fee deferral or waiver program.
4140
42-The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new 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.
41+The Personal Income Tax Law allows and the Corporation Tax Law allow various credits against the taxes imposed by that law. Existing law requires any bill authorizing a new 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.
4342
44-This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, equal to the amount of state and local cannabis licensing fees paid or incurred by a local equity applicant or a local equity licensee, as those terms are defined by MAUCRSA, that are not otherwise reimbursed by a grant or other funds. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit.
43+This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, equal to the amount of state and local cannabis licensing fees paid or incurred by a local equity applicant or a local equity licensee, as those terms are defined by MAUCRSA. MAUCRSA, that are not otherwise reimbursed by a grant or other funds. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit.
4544
4645 AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.
4746
4847 This bill would declare that its provisions further the purposes and intent of AUMA.
4948
5049 ## Digest Key
5150
5251 ## Bill Text
5352
54-The people of the State of California do enact as follows:SECTION 1. Section 26249 of the Business and Professions Code is amended to read:26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.(d) The operation of this section is contingent upon an appropriation in the annual Budget Act or another statute for purposes of this section. SEC. 2. Section 17053.71 is added to the Revenue and Taxation Code, to read:17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.SEC. 3. Section 23687.5 is added to the Revenue and Taxation Code, to read:23687.5. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the tax, as defined by Section 23036, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code. SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
53+The people of the State of California do enact as follows:SECTION 1. Section 26249 of the Business and Professions Code is amended to read:26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.SEC. 2. Section 17053.71 is added to the Revenue and Taxation Code, to read:17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer. taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.SEC. 3. Section 23687.5 is added to the Revenue and Taxation Code, to read:23687.5. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the tax, as defined by Section 23036, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.SEC. 3.SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code. SEC. 4.SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
5554
5655 The people of the State of California do enact as follows:
5756
5857 ## The people of the State of California do enact as follows:
5958
60-SECTION 1. Section 26249 of the Business and Professions Code is amended to read:26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.(d) The operation of this section is contingent upon an appropriation in the annual Budget Act or another statute for purposes of this section.
59+SECTION 1. Section 26249 of the Business and Professions Code is amended to read:26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
6160
6261 SECTION 1. Section 26249 of the Business and Professions Code is amended to read:
6362
6463 ### SECTION 1.
6564
66-26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.(d) The operation of this section is contingent upon an appropriation in the annual Budget Act or another statute for purposes of this section.
65+26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
6766
68-26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.(d) The operation of this section is contingent upon an appropriation in the annual Budget Act or another statute for purposes of this section.
67+26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
6968
70-26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.(d) The operation of this section is contingent upon an appropriation in the annual Budget Act or another statute for purposes of this section.
69+26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.(b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.(2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.(c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
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7473 26249. (a) Notwithstanding Sections 26012 and 26180, a licensing authority shall develop and implement a program to provide a deferral or waiver for an application fee, a licensing fee, or renewal fee otherwise required by this division for a needs-based applicant or needs-based licensee.
7574
7675 (b) (1) At least 60 percent of the total dollar amount of deferrals of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the deferral of fees for local equity applicants and licensees.
7776
7877 (2) At least 60 percent of the total dollar amount of waivers of fees pursuant to the program developed and implemented by a licensing authority pursuant to subdivision (a) shall be allocated to the waiver of fees for local equity applicants and licensees.
7978
8079 (c) A licensing authority may adopt emergency regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the licensing authorities are hereby exempted from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
8180
82-(d) The operation of this section is contingent upon an appropriation in the annual Budget Act or another statute for purposes of this section.
83-
84-SEC. 2. Section 17053.71 is added to the Revenue and Taxation Code, to read:17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
81+SEC. 2. Section 17053.71 is added to the Revenue and Taxation Code, to read:17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer. taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
8582
8683 SEC. 2. Section 17053.71 is added to the Revenue and Taxation Code, to read:
8784
8885 ### SEC. 2.
8986
90-17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
87+17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer. taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
9188
92-17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
89+17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer. taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
9390
94-17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
91+17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer. taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
9592
9693
9794
98-17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.
95+17053.71. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the net tax, as defined by Section 17039, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer. taxpayer that are not otherwise reimbursed by a grant or other funds.
9996
10097 (b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.
10198
10299 (c) In the case where the credit allowed by this section exceeds the net tax, the excess may be carried over to reduce the net tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
103100
104101 SEC. 3. Section 23687.5 is added to the Revenue and Taxation Code, to read:23687.5. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the tax, as defined by Section 23036, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
105102
106103 SEC. 3. Section 23687.5 is added to the Revenue and Taxation Code, to read:
107104
108105 ### SEC. 3.
109106
110107 23687.5. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the tax, as defined by Section 23036, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
111108
112109 23687.5. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the tax, as defined by Section 23036, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
113110
114111 23687.5. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the tax, as defined by Section 23036, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.(b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.(c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
115112
116113
117114
118115 23687.5. (a) For each taxable year beginning on or after January 1, 2021, and before January 1, 2026, there shall be allowed against the tax, as defined by Section 23036, a cannabis equity business tax credit equal to the amount of state and local cannabis licensing fees paid or incurred by a qualified taxpayer that are not otherwise reimbursed by a grant or other funds.
119116
120117 (b) For purposes of this section, qualified taxpayer means either a local equity applicant or local equity licensee as defined in Section 26240 of the Business and Professions Code.
121118
122119 (c) In the case where the credit allowed by this section exceeds the tax, the excess may be carried over to reduce the tax in the following taxable year, and succeeding six taxable years if necessary, until the credit is exhausted.
123120
124-SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.
121+SEC. 3.SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.
125122
126-SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.
123+SEC. 3.SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.
127124
128-SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.
125+SEC. 3.SEC. 4. It is the intent of the Legislature to comply with Section 41 of the Revenue and Taxation Code.
129126
130-### SEC. 4.
127+### SEC. 3.SEC. 4.
131128
132-SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
129+SEC. 4.SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
133130
134-SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
131+SEC. 4.SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
135132
136-SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
133+SEC. 4.SEC. 5. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
137134
138-### SEC. 5.
135+### SEC. 4.SEC. 5.