17053.66.
(a) (1) For
each taxable year taxable years beginning on or after January 1, 2027, and before January 1, 2032, there shall be allowed a credit against the “net tax,” as defined in Section 17039, to a qualified taxpayer equal to 25 percent of the total amount of the qualified taxpayer’s qualified expenditures during the taxable year, except as provided in
paragraph (2). paragraphs (2) and (3).(2) For any taxable year, the credit allowed under paragraph (1) shall be increased by an additional 5 to 30 percent of qualified expenditures if either of the following conditions are met:
(A) The qualified taxpayer purchases low-emission equipment, as defined in paragraph (1) of subdivision (b), during the taxable year.
(B) The qualified taxpayer has qualified expenditures are related to the qualified taxpayer’s related to operations in a high or very high fire hazard severity zone as identified by the State Fire Marshal pursuant to Section 51178 of the Government Code.
(3) A credit allowed under this section shall not exceed one million dollars ($1,000,000).
(b) For purposes of this section, the following definitions shall apply:
(1) “Agricultural production” means the production of agricultural commodities, including, but not limited to, crops, specialty crops, livestock, dairy, poultry, aquaculture, and mixed agricultural operations.
(2) “Low-emission equipment” means off-road equipment with a motor that satisfies the requirements of Section 2423 of Title 13 of the California Code of Regulations.
(3) “Qualified expenditure” means costs related to all of the following:
(A) Wages and labor, including wages paid to seasonal and temporary employees.
(B) Infrastructure and equipment.
(C) Agricultural production.
(4) “Qualified taxpayer” means a taxpayer that operates on at least 50 acres of land, regardless of whether the taxpayer owns or leases the land, and is primarily involved in one or more business described in codes 111110 to 112519, inclusive, of the 2022 edition of the North American Industry Classification System, published by the United States Office of Management and Budget.
(c) The total aggregate amount of the credit that may be allocated by credit reservations to all qualified taxpayers pursuant to this section and Section 23668 shall not exceed two hundred fifty million dollars ($250,000,000) for each taxable year, cumulatively.
(d) (1) To be eligible for the credit allowed by this section, a qualified taxpayer shall request a credit reservation from the Department of Food and Agriculture during the month of July for each taxable year, or within 30 days of the start of their taxable year if the qualified taxpayer’s taxable year begins after July, in the form and manner prescribed by the Department of Food and Agriculture in coordination with the Franchise Tax Board.
(2) To obtain a credit reservation with respect to a qualified expenditure, the qualified taxpayer shall provide all necessary information, as determined by Department of Food and Agriculture in coordination with the Franchise Tax Board.
(3) The Department of Food and Agriculture, in coordination with the Franchise Tax Board, shall approve tentative credit reservations with respect to qualified expenditures incurred during a taxable year by qualified taxpayers, subject to the cap established under this section and Section 23668, and provide a credit certificate to the taxpayer upon approval, which is to be filed with the qualified taxpayer’s return for the taxable year in which the credit is claimed.
(4) (A) Notwithstanding any other law, the Franchise Tax Board and the Department of Food and Agriculture shall provide additional information, as requested by the Franchise Tax Board or Department of Food and Agriculture, as necessary to administer the credit allowed by this section.
(B) The information received by the Department of Food and Agriculture pursuant to this paragraph shall be considered confidential taxpayer information, and shall be subject to the provisions of Section 19542.
(e) (1) In the event the credit allowed by this section exceeds the “net tax,” the excess may be carried over to reduce the “net tax” in the following year, and succeeding five four years if necessary, until the credit is exhausted.
(2) No deduction shall be allowed under this part for amounts taken into account under this section in calculating the credit allowed by this section.
(f) (1) For purposes of complying with Section 41, the Legislature finds and declares both of the following:
(A) The goal of the credit allowed pursuant to this section and Section 23668 is to ____.
(B) The performance indicators for the Legislature to use in determining whether the credit achieves the stated goal shall be the number of taxpayers allowed a credit pursuant to this section and Section 23668 and the total dollar value of credits allowed.
(2) (A) The Franchise Tax Board shall, no later than April 1, 2029, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a credit pursuant to this section and Section 23668 and the total dollar value of credits allowed.
(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.
(g) This section shall remain in effect only until December 1, 2032, and as of that date is repealed.