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

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
California Alternative Energy and Advanced Transportation Financing Authority: sales and use taxes: exclusions.
January 2019
Passed
Alternative energy financing.
February 2018
Failed
Sales and use taxes: exclusion: alternative energy financing.
February 2016
Failed
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

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

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
California Alternative Energy and Advanced Transportation Financing Authority: sales and use taxes: exclusions.
January 2019
Passed
Alternative energy financing.
February 2018
Failed
Sales and use taxes: exclusion: alternative energy financing.
February 2016
Failed
Showing 4 of 4 items
Page 1 of 1