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    SB-86
    Energy & Environment

    California Alternative Energy and Advanced Transportation Financing Authority Act: sales and use tax exclusion.

    Enrolled
    CA
    ∙
    2025-2026 Regular Session
    1
    0
    Track
    Track

    Key Takeaways

    • Extend the sales and use tax exclusion through 2028 for CA projects.
    • Add nuclear fusion electric generation facilities to qualifying projects.
    • Require large employers to certify good wages, training, and worker voice from 2026.
    • Cap exclusions annually and require an efficacy report; starts immediately as a levy.

    Summary

    Senator McNerney steers a measure that tightens and extends California’s incentives for manufacturing and advanced transportation projects by authorizing a sales and use tax exclusion for a longer period and broadening the eligible technologies to include nuclear fusion facilities. The proposal contends with the existing framework by extending the authority’s ability to provide financial assistance in the form of the exclusion through January 1, 2028 and by adding nuclear fusion generation facilities to the types of projects that may qualify.

    Starting in 2026, the measure introduces labor-related prerequisites for applicants that, together with their parent entities, employ 500 or more workers. Eligible projects would not be approved unless the applicant certifies that the applicant and its contractors will provide comparatively good wages and benefits, invest in employee training and workforce development, and adopt mechanisms that give workers a voice in the workplace. The bill preserves the existing framework for public hearings and the governing authority’s discretion to approve projects by resolution, while conditioning approval on the new labor commitments for large employers.

    Key mechanics and definitions anchor how the program operates. The act continues to define a “project” as tangible personal property used for or to support the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source components, with a separate emphasis on projects that process recycled feedstock or contribute to soil amendments. “Alternative sources” encompass technologies used for renewable generation, combined heat and power, distributed generation and energy storage, or facilities designed for producing renewable fuels. The authority may approve projects for the tax exclusion, and the program’s criteria include the project’s local manufacturing footprint, the anticipated state benefits relative to the exclusion, job creation and wage levels, and potential environmental or energy-efficiency improvements. The bill also preserves and revises prior eligibility mechanics for participating parties, including extending eligibility to certain out-of-state entities that commit to establishing a California manufacturing facility, and it retains a lithium-related carve-out for specific years with corresponding caps and relocation considerations.

    In addition to extending the program, the measure retains reporting and sunset features: the authority must study and report to the Legislature by early 2027 on job and economic outcomes and environmental effects, and the tax exclusion framework is scheduled for repeal on January 1, 2028. The act becomes operative as a tax levy with immediate effect, and it updates related definitions and references within the Revenue and Public Resources Codes to reflect the extended authorization, new eligibility considerations, and the labor certification requirements for large employers. Overall, the bill situates itself within a framework aimed at promoting California-based manufacturing and job creation while codifying specific labor, eligibility, and measurement provisions for projects funded through the sales and use tax exclusion.

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Unfinished Business SB86 McNerney et al. Concurrence
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    SB 86 McNerney Senate Third Reading By Wilson
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Revenue And Taxation Hearing
    Assembly Committee
    Assembly Revenue And Taxation Hearing
    Do pass as amended and be re-referred to the Committee on [Appropriations]
    Assembly Transportation Hearing
    Assembly Committee
    Assembly Transportation Hearing
    Do pass and be re-referred to the Committee on [Revenue and Taxation]
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Special Consent SB86 McNerney et al
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass as amended
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Revenue and Taxation Hearing
    Senate Committee
    Senate Revenue and Taxation Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Laurie DaviesR
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Corey JacksonD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Angelique AshbyD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 6 row(s) selected.
    Page 1 of 2
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Profile
    Tim GraysonD
    Senator
    Bill Author
    Profile
    Laurie DaviesR
    Assemblymember
    Bill Author
    Profile
    Corey JacksonD
    Assemblymember
    Bill Author
    Profile
    Angelique AshbyD
    Senator
    Bill Author
    Profile
    Jerry McNerneyD
    Senator
    Bill Author

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    AB-2400
    California Alternative Energy and Advanced Transportation Financing Authority Act.
    February 2024
    Failed
    View Bill
    California Alternative Energy and Advanced Transportation Financing Authority: sales and use taxes: exclusions.
    January 2019
    Passed
    View Bill
    Alternative energy financing.
    February 2018
    Failed
    View Bill
    Sales and use taxes: exclusion: alternative energy financing.
    February 2016
    Failed
    View Bill
    Showing 4 of 4 items
    Page 1 of 1

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Jerry McNerney
    Jerry McNerneyD
    California State Senator
    Co-Authors
    Anna Caballero
    Anna CaballeroD
    California State Senator
    Angelique Ashby
    Angelique AshbyD
    California State Senator
    Laurie Davies
    Laurie DaviesR
    California State Assembly Member
    Tim Grayson
    Tim GraysonD
    California State Senator
    Corey Jackson
    Corey JacksonD
    California State Assembly Member
    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/9/2025)

    Latest Voting History

    View History
    September 9, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    400040PASS

    Key Takeaways

    • Extend the sales and use tax exclusion through 2028 for CA projects.
    • Add nuclear fusion electric generation facilities to qualifying projects.
    • Require large employers to certify good wages, training, and worker voice from 2026.
    • Cap exclusions annually and require an efficacy report; starts immediately as a levy.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Jerry McNerney
    Jerry McNerneyD
    California State Senator
    Co-Authors
    Anna Caballero
    Anna CaballeroD
    California State Senator
    Angelique Ashby
    Angelique AshbyD
    California State Senator
    Laurie Davies
    Laurie DaviesR
    California State Assembly Member
    Tim Grayson
    Tim GraysonD
    California State Senator
    Corey Jackson
    Corey JacksonD
    California State Assembly Member

    Summary

    Senator McNerney steers a measure that tightens and extends California’s incentives for manufacturing and advanced transportation projects by authorizing a sales and use tax exclusion for a longer period and broadening the eligible technologies to include nuclear fusion facilities. The proposal contends with the existing framework by extending the authority’s ability to provide financial assistance in the form of the exclusion through January 1, 2028 and by adding nuclear fusion generation facilities to the types of projects that may qualify.

    Starting in 2026, the measure introduces labor-related prerequisites for applicants that, together with their parent entities, employ 500 or more workers. Eligible projects would not be approved unless the applicant certifies that the applicant and its contractors will provide comparatively good wages and benefits, invest in employee training and workforce development, and adopt mechanisms that give workers a voice in the workplace. The bill preserves the existing framework for public hearings and the governing authority’s discretion to approve projects by resolution, while conditioning approval on the new labor commitments for large employers.

    Key mechanics and definitions anchor how the program operates. The act continues to define a “project” as tangible personal property used for or to support the design, manufacture, production, or assembly of advanced manufacturing, advanced transportation technologies, or alternative source components, with a separate emphasis on projects that process recycled feedstock or contribute to soil amendments. “Alternative sources” encompass technologies used for renewable generation, combined heat and power, distributed generation and energy storage, or facilities designed for producing renewable fuels. The authority may approve projects for the tax exclusion, and the program’s criteria include the project’s local manufacturing footprint, the anticipated state benefits relative to the exclusion, job creation and wage levels, and potential environmental or energy-efficiency improvements. The bill also preserves and revises prior eligibility mechanics for participating parties, including extending eligibility to certain out-of-state entities that commit to establishing a California manufacturing facility, and it retains a lithium-related carve-out for specific years with corresponding caps and relocation considerations.

    In addition to extending the program, the measure retains reporting and sunset features: the authority must study and report to the Legislature by early 2027 on job and economic outcomes and environmental effects, and the tax exclusion framework is scheduled for repeal on January 1, 2028. The act becomes operative as a tax levy with immediate effect, and it updates related definitions and references within the Revenue and Public Resources Codes to reflect the extended authorization, new eligibility considerations, and the labor certification requirements for large employers. Overall, the bill situates itself within a framework aimed at promoting California-based manufacturing and job creation while codifying specific labor, eligibility, and measurement provisions for projects funded through the sales and use tax exclusion.

    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/9/2025)

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Unfinished Business SB86 McNerney et al. Concurrence
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    SB 86 McNerney Senate Third Reading By Wilson
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Revenue And Taxation Hearing
    Assembly Committee
    Assembly Revenue And Taxation Hearing
    Do pass as amended and be re-referred to the Committee on [Appropriations]
    Assembly Transportation Hearing
    Assembly Committee
    Assembly Transportation Hearing
    Do pass and be re-referred to the Committee on [Revenue and Taxation]
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Special Consent SB86 McNerney et al
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass as amended
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Revenue and Taxation Hearing
    Senate Committee
    Senate Revenue and Taxation Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Latest Voting History

    View History
    September 9, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    400040PASS

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Laurie DaviesR
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Corey JacksonD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Angelique AshbyD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 6 row(s) selected.
    Page 1 of 2
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Bill Author
    Profile
    Tim GraysonD
    Senator
    Bill Author
    Profile
    Laurie DaviesR
    Assemblymember
    Bill Author
    Profile
    Corey JacksonD
    Assemblymember
    Bill Author
    Profile
    Angelique AshbyD
    Senator
    Bill Author
    Profile
    Jerry McNerneyD
    Senator
    Bill Author

    Similar Past Legislation

    Bill NumberTitleIntroduced DateStatusLink to Bill
    AB-2400
    California Alternative Energy and Advanced Transportation Financing Authority Act.
    February 2024
    Failed
    View Bill
    California Alternative Energy and Advanced Transportation Financing Authority: sales and use taxes: exclusions.
    January 2019
    Passed
    View Bill
    Alternative energy financing.
    February 2018
    Failed
    View Bill
    Sales and use taxes: exclusion: alternative energy financing.
    February 2016
    Failed
    View Bill
    Showing 4 of 4 items
    Page 1 of 1