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HomeMy WebLinkAbout2016-039 Raise Lid of 4% Tax to Electric, Natural Gas and Phone Users; Brokered Natural Gas Use Tax; YMC Amendment 5.50ORDINANCE NO. 2016-039 AN ORDINANCE relating to business regulations and utility taxes; amending Section 5.50.050 of Chapter 5.50 of the City of Yakima Municipal Code pertaining to outside utility tax "caps" on companies in the business of selling or furnishing natural gas, electric light or power, cellular telephone services and telephone services; and enacting new Section 5.50.055 of Chapter 5.50 of the City of Yakima Municipal Code establishing a brokered natural gas use tax; all to reduce the City's dependency on cash reserves and contribute to capital funding. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.50.050 of Chapter 5.50 of the City of Yakima Municipal Code is hereby amended to read as follows: 5.50.050 Electric, telephone, and gas businesses.. A. There are levied and shall be collected? annual license fees or taxes against the persons on account of business activities, and in the amounts to be determined by the application of the rates herein prescribed, as follows: 1. Commencing October 1, 1994, upon every person engaged in or carrying on the business of selling or furnishing electric light or power, a fee or tax equal to six percent of the total gross revenue derived from such business in the city of Yakima. 2. Commencing July 1, 1989, upon every person engaged in carrying on a telephone business, a fee or tax equal to six percent of the total gross revenue derived from such business in the city of Yakima; provided, that such fee or tax be subject to the limitations prescribed by RCW 35.21.714; and provided further, that the city shall suspend collection of any franchise fee on a telephone business in excess of the rates of fees and taxes permitted under RCW 35.21.870(2), which rate is six percent. Total gross revenue for this purpose shall not include charges which are passed on to the subscribers by a telephone business pursuant to tariffs required by regulatory order to compensate for the cost to the telephone business of the tax imposed by the ordinance codified in this section. "Telephone business" as used herein means the business of providing access to a local telephone network, local telephone network switching service, toll service or coin telephone services, or providing telephonic, video, data or similar communication or transmission for hire, via a local telephone network, toll line or channel, or similar communication or transmission system. It includes cooperative or farmer line telephone companies or associations operating an exchange. "Telephone business" does not include the providing of "competitive telephone service" as defined herein below nor the providing of cable television service or cellular telephone service. "Competitive telephone service" as used herein means the providing by any person of telephone equipment, apparatus, or service, other than toll service, which is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. 3. Commencing November 17, 2005, upon every person engaged in or carrying on the business of selling or furnishing natural gas for heat, power, light and other purposes, a fee or tax equal to six percent of the total gross revenue derived from such business in the city of Yakima as explained in subsection E of this section. 4. Commencing February 1, 1997, upon every person engaging in or carrying on the cellular telephone service business, a fee or tax equal to six percent of the total gross revenue derived from conducting such business within the city of Yakima, as indicated by billings and/or charges to Yakima customers. "Cellular telephone service" as used herein means a two-way voice and data telephone/telecommunications system based in whole, or substantially in part, on wireless radio communications, and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communications technology that accomplishes a purpose similar to cellular mobile service. "Cellular telephone service" as used herein also means service provided by means of an electric device that has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite, or any other form of voice or data transmission. B. The minimum fee or tax on each such business activity shall not be less than two hundred fifty dollars per tax year. C. Commencing February 8, 2017, the rates of tax set forth in subsection A of this section shall be measured against a maximum of the first eight thousand dollars of the total gross revenue attributable to selling or furnishing telephone services described in the definition of "telephone business" contained herein, selling or furnishing cellular telephone services described in the definition of "cellular telephone service" contained herein to any one customer in any one calendar month or fraction thereof. D. Commencing February 8, 2017, the first four percent of the tax set forth in subsection A of this section shall be measured against a maximum of the first eight thousand dollars of the total gross revenue attributable to selling or furnishing electric light or power to any one customer in any one calendar month or fraction thereof; two percent of the tax set forth in subsection A of this section shall be measured against the total gross revenue attributable to selling or furnishing electric light or power. E. Commencing February 8, 2017, the first four percent of the tax set forth in subsection A of this section shall be measured against a maximum of the first eight thousand dollars of the total gross revenue attributable to selling or furnishing natural gas to any one customer in any one calendar month or fraction thereof; two percent of the tax set forth in subsection A of this section shall be measured against the total gross revenue attributable to selling or furnishing natural gas. Section 2. Chapter 5.50 of the Yakima Municipal Code is hereby amended to add new Section 5.50.055 which provides as follows: 5.50.055 Brokered Natural Gas Tax. A. Imposed. There is hereby levied and there shall be collected from every person in this city a use tax for the privilege of using natural gas or manufactured gas within the city as a consumer. B. Rate. The tax shall be imposed in an amount equal to the value of the article used by the taxpayer multiplied by the rate in effect for the tax on the natural gas businesses under RCW 35.21.870 within the city under YMC 5.50.050(E). The value of the article used does not include any amounts that are paid for the hire or use of a natural gas business in transporting the gas subject to tax under this subsection if those amounts are subject to tax under RCW 35.21.870. C. Exemptions. +The tax imposed under this chapter shall not apply to the use of natural or manufactured gas if the person who sold the gas to.the consumer has paid a tax under RCW 35.21.870 with respect to the gas for which exemption is sought under this section. D. Credits. There shall be a credit against the tax levied under this section in an amount equal to any tax paid by: 1. The person who sold the gas to the consumer when that tax is a gross receipts tax similar to that imposed pursuant to RCW 35.21.870 by another state with respect to the gas for which a credit is sought under this section; or 2. The person consuming the gas upon which a use tax similar to the tax imposed by this section was paid to another state with respect to the gas for which a credit is sought under this subsection. E. Administration and collection. The use tax hereby imposed shall be paid by the consumer. The administration and collection of the tax hereby imposed shall be pursuant to RCW 82.14.050. F. Contract execution. The City Manager is authorized to execute a contract, and any renewals thereof, with the State Department of Revenue for the administration and collection of the tax imposed by this section. The city attorney shall approve the form and content of such contract. Section 3. This ordinance shall be in full force and effect 60 days after its passage, approval, and publication as provided by RCW 35.21.865 and by the City Charter. Section 4. The referendum provisions and procedures set forth in YMC 5.50.205 shall apply to this Ordinance. PASSED BY THE CITY COUNCIL, signed and approved this 6th day of December, 2016. ATTEST: Sonya Claar Thee City Clerk/ 41 e j Publication Date: December 9, 201i�A✓, ; C��' A.� Effective Date: February 7, 2017 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 19. For Meeting of: December 6, 2016 Ordinance amending Chapter 5.50 of the City of Yakima Municipal Code to raise the lid of 4% tax to electric, natural gas, and telephone users from $4,000 to $8,000 per customer per month, and establishing a brokered natural gas use tax Cliff Moore, City Manager Cindy Epperson, Director of Finance & Budget SUMMARY EXPLANATION: At their November 28, 2016 study session, Council approved raising the "lid" or "cap" on the electric, natural gas, and telephone utilities from $4,000 to $8,000 per customer per month for 4% of the tax. The tax rate for these utilities is 6%, with 4% of the tax capped, while 2% is charged on the complete balance. Another way to view this is that 6% is charged on the whole amount up to the cap, then 2% is charged on the amount greater than the cap. For a business with a monthly bill greater than $8,000, they can expect to pay an additional $160/month (i.e. $4,000 x 4%), or $1,920 annually. Council also established a brokered natural gas use tax, which affects 8 businesses. The rate needs to mirror the regular natural gas use tax rate, so it will have the same $8,000 cap on 4%. In total, we expect this action to generate an additional $200,000 to support General Fund operations. The attached ordinance amends Section 25.50.050 of Chapter 5.50 of the City of Yakima Municipal Code to raise the existing cap, and enacts new Section 5.50.055 establishing a brokered natural gas use tax. Both the red -lined (i.e. comparative) and final versions of the ordinance are attached. We have also attached the strategic initiatives that described the taxes and the effects of the changes. There was also some language that was updated. The most notable included references to "selling or furnishing steam" which is a throwback to an earlier era, and hasn't been used in many years. ITEM BUDGETED: STRATEGIC PRIORITY: NA NA APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Pass Ordinance BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Utiity Tax Ordinance - Redline 11/30/2016 Ordinance D Utility Tax Ordinance - Clean 11/30/2016 Ordinance Ct Eliminate lid on Utility Tax - SI 11/30;2016 Backup Material D Establish Brokered Natural Gas Tax - SI 11/30/2016 Backup Material ORDINANCE NO. 2016 - AN ORDINANCE relating to business regulations and utility taxes; amending Section 5.50.050 of Chapter 5.50 of the City of Yakima Municipal Code pertaining to outside utility tax "caps" on companies in the business of selling or furnishing natural gas, electric light or power, cellular telephone services and telephone services; and enacting new Section 5.50.055 of Chapter 5.50 of the City of Yakima Municipal Code establishing a brokered natural gas use tax; all to reduce the City's dependency on cash reserves and contribute to capital funding. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.50.050 of Chapter 5.50 of the City of Yakima Municipal Code is hereby amended to read as follows: 5.50.050 Electric, telephone, and gas and -steam -businesses. A. There are levied and shall be collected annual license fees or taxes against the persons on account of business activities, and in the amounts to be determined by the application of the rates herein prescribed, as follows: 1. Commencing October 1, 1994, upon every person engaged in or carrying on the business of selling or furnishing electric light or power, a fee or tax equal to six percent of the total gross revenue derived from such business in the city of Yakima. 2. Commencing July 1, 1989, upon every person engaged in carrying on a telephone business, a fee or tax equal to six percent of the total gross revenue derived from such business in the city of Yakima; provided, that such fee or tax be subject to the limitations prescribed by RCW 35.21.714; and provided further, that the city shall suspend collection of any franchise fee on a telephone business in excess of the rates of fees and taxes permitted under RCW 35.21.870(2), which rate is six percent. Total gross revenue for this purpose shall not include charges which are passed on to the subscribers by a telephone business pursuant to tariffs required by regulatory order to compensate for the cost to the telephone business of the tax imposed by the ordinance codified in this section. "Telephone business" as used herein means the business of providing access to a local telephone network, local telephone network switching service, toll service or coin telephone services, or providing telephonic, video, data or similar communication or transmission for hire, via a local telephone network, toll line or channel, or similar communication or transmission system. It includes cooperative or farmer line telephone companies or associations operating an exchange. "Telephone business" does not include the providing of "competitive telephone service" as defined herein below nor the providing of cable television service or cellular telephone service. "Competitive telephone service" as used herein means the providing by any person of telephone equipment, apparatus, or service, other than toll service, which is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. 3. Commencing November 17, 2005, upon every person engaged in or carrying on the business of selling or furnishing natural gas for heat, power, light and other purposes, a fee or tax equal to six percent of the total gross revenue derived from such business in the city of Yakima as explained in subsection E of this section. /1. Commencing January 1, 1985, upon every person engaged in or carrying on the business of selling or furnishing steam for heating or other commercial revenue derived from such business in the city of Yakima. 45. Commencing February 1, 1997, upon every person engaging in or carrying on the cellular telephone service business, a fee or tax equal to six percent of the total gross revenue derived from conducting such business within the city of Yakima, as indicated by billings and/or charges to Yakima customers. "Cellular telephone service" as used herein means a two-way voice and data telephone/telecommunications system based in whole, or substantially in part, on wireless radio communications, and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communications technology that accomplishes a purpose similar to cellular mobile service. "Cellular telephone service" as used herein also means service provided by means of an electric device that has the ability to send or receive voice or digital messages transmitted through the local telephone network, via satellite, or any other form of voice or data transmission. B. The minimum fee or tax on each such business activity shall not be less than two hundred fifty dollars per tax year. C. Commencing October 1, 199'1, the rates of tax set forth in subsection A of this section shall be measured against a maximum of the first four thousand dollars of the total gross revenue attributable to selling or furnishing telephone services described in the definition of "telephone business" contained herein, selling or furnishing natural gas, selling or furnishing steam, or selling or furnishing cellular telephone services described In the definition of "cellular telephone service" contained herein to any one customer in any one calendar month or fraction thereof. Commencing February 8, 2017, the rates of tax set forth in subsection A of this section shall be measured against a maximum of the first eight thousand dollars of the total gross revenue attributable to selling or furnishing telephone services described in the definition of "telephone business" contained herein, or selling or furnishing cellular telephone services described in the definition of "cellular telephone service" contained herein to any one customer in any one calendar month or fraction thereof. D. Commencing October 1, 199'1, the first four percent of the tax set forth in subsection A of this section shall be measured against a maximum of the first four thousand dollars of the total gross revenue attributable to selling or furnishing electric light or power to any one customer in any one calendar month or fraction thereof; two total gross revenue attributable to selling or furnishing electric light or power. Commencing February 8, 2017, the first four percent of the tax set forth in subsection A of this section shall be measured against a maximum of the first eight thousand dollars of the total gross revenue attributable to selling or furnishing electric light or power to any one customer in any one calendar month or fraction thereof; two percent of the tax set forth in subsection A of this section shall be measured against the total gross revenue attributable to selling or furnishing electric light or power. E. Commencing November 17, 2005, the first four percent of the tax set forth in subsection A of this section shall be measured against a maximum of the first four thousand dollars of the total gross revenue attributable to selling or furnishing natural the tax set forth in subsection A of this section shall be measurcd against the total gross revenue attributable to selling or furnishing natural gas. Commencing February 8, 2017, the first four percent of the tax set forth in subsection A of this section shall be measured against a maximum of the first eight thousand dollars of the total gross revenue attributable to selling or furnishing natural gas to any one customer in any one calendar month or fraction thereof; two percent of the tax set forth in subsection A of this section shall be measured against the total gross revenue attributable to selling or furnishing natural gas. Section 2. Chapter 5.50 of the Yakima Municipal Code is hereby amended to add new Section 5.50.055 which provides as follows: 5.50.055 Brokered Natural Gas Tax. A. Imposed. There is hereby levied and there shall be collected from every person in this city a use tax for the privilege of using natural gas or manufactured gas within the city as a consumer. B. Rate. The tax shall be imposed in an amount equal to the value of the article used by the taxpayer multiplied by the rate in effect for the tax on the natural gas businesses under RCW 35.21.870 within the city under YMC 5.50.050(E). The value of the article used does not include any amounts that are paid for the hire or use of a natural gas business in transporting the gas subject to tax under this subsection if those amounts are subject to tax under RCW 35.21.870. C. Exe *ions The tax imposed under this chapter shall not apply to the use of natural or manufactured gas if the person who sold the gas to the consumer has paid a tax under RCW 35.21.870 with respect to the gas for which exemption is sought under this section. D. Credits. There shall be a credit against the tax levied under this section in an amount equal to any tax paid by: 1. The person who sold the gas to the consumer when that tax is a gross receipts tax similar to that imposed pursuant to RCW 35.21.870 by another state with respect to the gas for which a credit is sought under this section; or 2. The person consuming the gas upon which a use tax similar to the tax imposed by this section was paid to another state with respect to the gas for which a credit is sought under this subsection. E. Ad inistration and collection. The use tax hereby imposed shall be paid by the consumer. The administration and collection of the tax hereby imposed shall be pursuant to RCW 82.14.050. F. Contract execution The City Manager is authorized to execute a contract, and any renewals thereof, with the State Department of Revenue for the administration and collection of the tax imposed by this section. The city attorney shall approve the form and content of such contract. Section 3. This ordinance shall be in full force and effect 60 days after its passage, approval, and publication as provided by RCW 35.21.865 and by the City Charter. Section 4. The referendum provisions and procedures set forth in YMC 5.50.205 shall apply to this Ordinance. PASSED BY THE CITY COUNCIL, signed and approved this 61h day of December, 2016. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: CITY WIDE / NEW REVENUE 2017 STRATEGIC INITIATIVE ELIMINATE LID ON ELECTRIC, NATURAL GAS AND TELEPHONE TAX UNBUDGETED PROPOSAL Eliminate the $4,000 lid of 6% tax to electric, natural gas, and telephone users — potential revenue of $760,000 annually. This affects primarily larger manufacturing businesses. Washington State Revised Code of Washington (RCW) 35.21.870 allows a city to impose a tax on electricity, telephone, natural gas, or steam energy business, with a limit of six percent without a vote of the people. Yakima Municipal Code (YMC) 5.50-050-050 and YMC 5.50-050-060 governs the City's imposition of this particular tax. YMC 5.50-050-050 "There are levied and shall be collected annual license fees or taxes against the persons on account of business activities as follows: Since October 1, 1994, the rates of tax...shall be measured against a maximum of the first four thousand dollars of the total gross revenue attributable to selling or furnishing telephone services... or natural gas to any one customer in any one calendar month or fraction thereof. Since October 1, 1994, the first four percent of the tax is measured against a maximum of the first four thousand dollars of the total gross revenue attributable to selling or furnishing electric light or power to any one customer in any one calendar month or fraction thereof; two percent of the tax...shall be measured against the total gross revenue attributable to selling or furnishing electric light or power." In 2005, the tax on natural gas was changed to mirror electricity. "Since November 17, 2005, the first four percent of the tax set forth...shall be measured against a maximum of the first four thousand dollars of the total gross revenue attributable to selling or furnishing natural gas to any one customer in any one calendar month or fraction thereof; two percent of the tax...shall be measured against the total gross revenue attributable to selling or furnishing natural gas." Explanation: Telephone services are totally capped at $4,000 per customer per month, while electricity and natural gas tax the first $4,000 at 6%, and amounts greater than $4,000 at 2%. The following is an example of the tax calculation, assuming a monthly electric or gas bill of $10,000: Current Cap No Cap 6% on $4,000 $240 6% on $10,000 $600 2% on $6,000 excess 120 Total Tax $360 Difference $240 We asked Pacific Power to provide information on different cap amounts. They provided the previous year's data from October 2015 through September 2016. We could determine that the additional amount of tax for Cascade Natural Gas customers would only be about $40,000 if the cap was totally eliminated, so we did not request additional detail. This calculation was based on calendar year 2015. The following table summarizes the data from Pacific Power and Cascade Natural Gas: Cap on 4% Max # of Capped Accounts Amount excluded annually Additional Annual Tax Cumulative Monthly Impact $4,000 to $5,000 108 to 96 $18.0m to $17.1m $36,126 $36,126 40 $5,000 to $6,000 96 to 87 $17.1m to $16.3m 32,761 68,887 80 $6,000 to $7,000 87 to 73 $16.3m to $115.5m 29,470 98,357 120 $7,000 to $8,000 73 to 64 $15.5m to $14.8m 127,446 127,446 160 $8,000 to $9,000 64 to 60 $14.8m to $14.3m 20,251 147,697 200 $9,000 to $10,000 60 to 55 $14.3m to $13.7m 23,422 171,119 240 Total Elimination 108 $18.0m 720,243 CNG Total Elim 60 in winter- 6-10 May thru Nov $992,000 39,696 39,696 Total Elec & Gas $759,939 If the cap is totally eliminated, 108 companies will be paying a total of about $760,000 more per year, which calculates to an average of $7,037 a year per company, or $586 a month. In looking at this stratification, 53 accounts (about half of the 108) would still benefit from a cap set at $10,000 a month. The maximum increase for any one account moving to a $10,000 cap is $240 a month ($6,000 x 4%) or $2,880 per year. We also compiled information on what other cities in the state charge for taxes on electric and natural gas utilities. This was excerpted from the 2014 Municipal Tax Data survey. Generally, most comparable cities have the 6% tax imposed and very few have caps on the tax. The detailed spreadsheet is attached. This analysis does not consider telephone taxes, because we could not determine the numbers of accounts affected. At the October 24th Study Session a Council member asked if there was a time frame authorized when the original cap was placed in 1994. Upon review of the original documents, there was no mention of an expected time -frame or a "sunset" clause. IMPACTS 1. Fiscal Impact — Up to $760,000 annual increase to General Fund Revenue, less if cap is raised but not eliminated. 2. Proposed Funding Source — General Fund Revenue. 3. Public Impact — Affects primarily large manufacturing businesses. 4. Personnel Impact — The utilities self-report—staff would need to communicate the change to the effected companies. 5. Required Changes in City Regulations or Policies — Revise YMC 5.50-050-050. 6. Legal Constraints, if applicable — No legal constraints when assessing tax of 6% or less. 7. Viable Alternatives — This is a Council policy decision. Ealevne 8 t Katt Feder al Way • • t la • 6,M7 212300 01MM 167, Mt Utility T $ bnpowd by Washington Cities Excmpted fa the 2014 M kipal Tat Seam • piled by AWG Nantra Gas 6. 11* cily Pa 6.03% 6.03% atM% 60134 6,07% 6*** 6.0334 ; . e Celhilet Caps 520% 4 * 430% 6,M% 6ANO I V* 6 *4*a No cap 6 Cap - & gm ova SIN, 6.00*e No cap 600*4 .4% up to Si mama that 2% Ga pt $2.9**nto, t 1/53 No cap a Bthph e 619234 No cap 4.5234 No cap 6.606 No cap No cap. M, teat. fa m e airman he applied fa % 64.1W pa ac a. nt pa ma Cap ort. 4%42% uncapped La .111 Kamewick 'tcretlirte ONmpia * a. - d Etimaide ert Pasallup gview Lacey aria halal UM van ty M a ce Wale Walla Shrm tck Mann Van Pullman • Mara Egartaridgelsiand fah Hasher Nktintlake Palace „Sheik • Elletsbuta Nhple Valley N Lake Atm age Rate 52610 58„360 77/02 97030 52,740 57, 74,630 8 D91 4987O 52, 67, '7/0 39;%0 38,180 38.00 37, 45,M0 45/40 41,630 3%420 32, 111 14* • 30, 62,301 33,070 33,170 31A20 23,310 23360 21, 20 20 23,370 1PCM3 19/10 16, 15440 24MO 21,612 tt* *at 5 4. 3 19' IMO 5 6.00% 6003S NNA 014. 5.‘0% 6.WO 830% 8450% 6 6.03% 6 6.01% 614 6.00% 6W% 6.M% 6,NNO 600% NW% 3 " 505% 620% 6.00% 220% 6*** NaNt 6 6.17,000 800% 6.1:0% 6+% 6.02% No 652% 6 564224 6 60242 6 • 61505 • 32:2444 6445224 000*4 644044 600*4 6 *1 6222% 6 6 4 6642°4 6 6 are 6 • 60244 • 642444 6440,2 00*24 600 61X24. 62424m 600*4 6 6 5 s• tt* tt *SO 1190. 010.. *MO IMO 4194. 55214 56644 505% Na Lltility tax rata are based at a 2014 sunny + are at usM a • • • arables fa Ya • • 6.074 Cap gucmlv 5260,*** per acct.. Noaccts affected 6 Ws No cap 5.50% No cap 6.023 No cap 6.0E4 No cap No cap No cap 6.0Y6 No cap 9.00'4 No cap 5.5234 No cap No cap 5.75% 8023 • 6.MEs. CMP4 6..NEs 6.0,4 6.4 699% No cap 6. No No 6OX0o ON& No cap 6 00 6.0Es 6.03% 6.0E4 it% KIVS41 K stM byAWC dtift nith a ptaulanat >16 6 1fth&nisataitmthe 'Caps' •wnt MYWO r determ' if thereis a cap a individual uhbt a a s. **I rash,. n. arced byFinancero CITY WIDE / NEW REVENUE 2017 STRATEGIC INITIATIVE ESTABLISH BROKERED NATURAL GAS UTILITY TAX UNBUDGETED PROPOSAL To establish a tax rate of 6% upon consumers of brokered natural gas. RCW 35.21.870 authorizes cities to impose this tax, and the Washington Administrative Code (WAC) 458-20- 17902 gives additional guidance on how this tax is calculated and reported to the Washington State Department of Revenue (DOR). The following is an excerpt from a DOR publication: History The state and municipal taxes on brokered natural or manufactured gas were adopted by the Legislature in 1989; the effective date of the taxes was July 1, 1990. The need for these taxes was a result of federal deregulation of the natural gas industry. Increasingly, large industrial and institutional users of gas have been able to make purchases of gas from sellers in other states through brokers; this enables large purchasers to take advantage of differentials on the spot market for natural gas. Although the gas may be delivered through the pipeline of a local gas company, the transaction is considered to take place out of state. Some utilities had been reporting retail sales tax on such sales and some purchasers had reported use tax, but there was confusion about the tax liability of such transactions until the Legislature enacted the 1989 statute. There are currently 274 taxpayers that report use tax on natural/manufactured gas. The Department currently administers the municipal use tax on natural/manufactured gas for 46 cities, although not every one of them receives revenues each year depending upon when the taxable transactions occur. Washington State Department of Revenue, "Brokered Natural Gas Use Tax RCWS 82.12.022 and 82.14.230" 14October, 2016. http://dor.wa.gov/docs/reports/2010/tax reference 2010/24brokeredgas.pdf In discussion with a representative from DOR, this tax rate would need to mirror the local tax rate for natural gas. In other words, if the lid on our natural gas utility tax stays at 4% on the first $4,000 per customer per month, the Brokered Natural Gas would need to have the same lid. Based on information from Department of Revenue, the City would have collected about $54,000 in the past year if the current tax rate of 6% on all amounts up to $4,000/customer/month, and 2% on all amounts greater than $4,000 had been in place. If the lid was removed and 6% was charged on the full monthly amount, we would have received $113,000. Most of the cities comparable in size (i.e. Population 50,000-130,000) have imposed this tax: Auburn Kirkland Bellevue Marysville Everett Redmond Kennewick Renton Kent Richland Also, many other cities in neighboring communities and in Eastern Washington: Goldendale Selah Wenatchee Grandview Spokane Pasco Sunnyside Prosser Union Gap Pullman Walla Walla IMPACTS 1. Fiscal Impact — $113,000 annually to General Fund Revenue if imposed with no $4,000 lid on 4% of the tax or $54,000 with a $4,000 lid. If the lid is increased to $5,000, the City can expect to receive $60,000. With the Department of Revenue requirements to start a new tax only at the beginning of a quarter coupled with a 75 day notice, the earliest the City could start collection of the tax is April 1, 2017. This changes the 1st estimates to $45,000 with a $5,000 cap and $84,750 if the cap is totally removed. 2. Proposed Funding Source — General Fund Revenue. 3. Public Impact — This would affect 8 customers - primarily large manufacturing businesses — resulting in an average increase of $7,500 per customer per year if the $5,000 cap is chosen, and $14,125 per customer if the cap is totally eliminated. 4. Personnel Impact — The City would not need a collection effort --the State Department of Revenue would collect and submit the tax to the City in our monthly remittance. 5. Required Changes in City Regulations or Policies — Revise YMC 5.50-050-050 to include Brokered Natural Gas or establish a new and separate code. The earliest we could start collecting is April 1, because the Department of Revenue requires 75 day notice. 6. Legal Constraints, if applicable — No legal constraints when assessing tax of 6% or less. 7. Viable Alternatives — This is a Council policy decision.