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AB-232 Natural disasters: catastrophe savings accounts: personal income tax.(2025-2026)

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Date Published: 01/13/2025 09:00 PM
AB232:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 232


Introduced by Assembly Members Calderon and Gipson

January 13, 2025


An act to add Division 21 (commencing with Section 60000) to the Financial Code, and to amend Section 17072 of, and to add Sections 17141.8 and 17207.15 to, the Revenue and Taxation Code, relating to natural disasters, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 232, as introduced, Calderon. Natural disasters: catastrophe savings accounts: personal income tax.
Existing law provides for the formation and regulation of state-organized banks and state-certified credit unions by the Department of Financial Protection and Innovation.
This bill, until January 1, 2030, would authorize a homeowner to establish one catastrophe savings account that, among other things, has the specified purpose of covering the amount of insurance deductibles and other uninsured portions of risks of loss from wildfire, flood, or earthquake. The bill would require distributions from a catastrophe savings account to be used to cover qualified catastrophe expenses, defined as expenses paid or incurred due to damage to or loss of a homeowner’s primary residence caused by a wildfire, flood, or earthquake that has been declared by the Governor to be an emergency. The bill would impose penalties on homeowners who use a distribution to cover an expense other than a qualified catastrophe expense, unless specified exceptions apply. The bill would require the penalty to be determined and collected by the Commissioner of Financial Protection and Innovation, and deposited in the Financial Protection Fund.
The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions from gross income in calculating adjusted gross income.
This bill, for taxable years beginning on or after January 1, 2025, and before January 1, 2030, would allow a deduction from adjusted gross income for amounts contributed by an individual homeowner to a catastrophe savings account, in accordance with specified provisions.
The Personal Income Tax Law, in conformity with federal income tax law, generally defines “gross income” as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income.
This bill, for taxable years beginning on or after January 1, 2025, and before January 1, 2030, would provide an exclusion from gross income for interest income earned by a catastrophe savings account.
Existing law requires any bill authorizing a new tax expenditure, as defined, to include tax credits, deductions, exclusions, or exemptions, to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements.
This bill would include findings and reporting requirements in compliance with this requirement.
This bill would take effect immediately as a tax levy.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Division 21 (commencing with Section 60000) is added to the Financial Code, to read:

DIVISION 21. Catastrophe Savings Accounts

60000.
 For purposes of this division, the following definitions apply:
(a) “Catastrophe Savings Account” means a regular savings account or money market account established by a residential property insurance policyholder in this state to cover the deductible for a policy that covers wildfire, flood, or earthquake for the policyholder’s primary residence or by an individual to cover uninsured losses for the homeowner’s primary residence from a wildfire, flood, or earthquake.
(b) “Qualified catastrophe expenses” mean expenses paid or incurred due to damage to or loss of a homeowner’s primary residence caused by a wildfire, flood, or earthquake that has been declared by the Governor to be an emergency.

60010.
 (a) A homeowner may establish no greater than one catastrophe savings account. A catastrophe savings account shall be labeled as a catastrophe savings account, and the specified purpose of the account shall be to cover the amount of insurance deductibles and other uninsured portions of risks of loss from wildfire, flood, or earthquake.
(b) (1) A distribution from a catastrophe savings account shall be used to cover qualified catastrophe expenses. If a homeowner uses a distribution from a catastrophe savings account to cover an expense other than a qualified catastrophe expense, the homeowner shall be subject to a penalty to be determined and collected by the Commissioner of Financial Protection and Innovation, and deposited in the Financial Protection Fund.
(2) The penalty imposed by this subdivision shall not apply if either of the following apply at the time the distribution is made:
(A) The homeowner no longer owns a primary residence.
(B) The homeowner is at least 70 years of age and did not obtain insurance on their primary residence.
(c) A catastrophe savings account is not subject to attachment, levy, garnishment, or legal process in this state.

60020.
 This division shall become inoperative on January 1, 2030.

SEC. 2.

 Section 17072 of the Revenue and Taxation Code is amended to read:

17072.
 (a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided.
(b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply.
(c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply.
(d) For each taxable year beginning on or after January 1, 2025, and before January 1, 2030, Section 62(a) of the Internal Revenue Code, relating to the general rule, is modified to provide that the deduction under Section 17207.15 shall be allowed in determining adjusted gross income.

SEC. 3.

 Section 17141.8 is added to the Revenue and Taxation Code, to read:

17141.8.
 (a) For each taxable year beginning on or after January 1, 2025, and before January 1, 2030, gross income does not include interest income earned by a catastrophe savings account established pursuant to Division 21 (commencing with Section 60000) of the Financial Code.
(b) This section shall become inoperative on December 1, 2030.

SEC. 4.

 Section 17207.15 is added to the Revenue and Taxation Code, to read:

17207.15.
 (a) For each taxable year beginning on or after January 1, 2025, and before January 1, 2030, there shall be allowed as a deduction the amount contributed by an individual homeowner to a catastrophe savings account established pursuant to Division 21 (commencing with Section 60000) of the Financial Code, in accordance with subdivision (b).
(b) (1) The total amount that may be contributed to a catastrophe savings account shall not exceed the following:
(A) In the case of an individual whose qualified deductible is not more than one thousand dollars ($1,000), two thousand dollars ($2,000).
(B) In the case of an individual whose qualified deductible is more than one thousand dollars ($1,000), the amount equal to the lesser of fifteen thousand dollars ($15,000) or twice the amount of the homeowner’s qualified deductible.
(C) In the case of an individual who chooses not to obtain insurance on their primary residence, two hundred fifty thousand dollars ($250,000), but in no event shall exceed the value of the individual homeowner’s primary residence.
(2) If a homeowner contributes in excess of the limits provided in paragraph (1), the homeowner shall withdraw the amount of the excess contributions and include that amount in income for purposes of Section 17041 in the year of withdrawal.
(c) For purposes of this section, “qualified deductible” means the deductible for the individual’s homeowner’s policy for a homeowner’s primary residence.
(d) (1) For purposes of complying with Section 41, as it applies to the deduction allowed by this section, the Legislature finds and declares as follows:
(A) California is not immune from natural disasters such as wildfires, floods, and earthquakes.
(B) California must seek a multiprong approach to address natural disasters which includes public- and private-market options and personal responsibility.
(C) The promotion of financial resiliency benefits cities, counties, consumers, and policyholders.
(D) Catastrophe savings accounts are intended to assist consumers in paying for expenses incurred or related to a major natural disaster.
(E) The catastrophe savings accounts would foster pre-event mitigation and postevent recovery by accumulating funds that can be used to supplement insurance coverage and offset the costs of remediation and repair.
(2) The performance indicator for the Legislature to use in determining if the deduction achieves its stated purpose is the number of taxpayers allowed a deduction pursuant to this section.
(3) (A) By May 1, 2026, and annually thereafter, the Franchise Tax Board shall submit a report to the Legislature, in accordance with Section 9795 of the Government Code, detailing the number of taxpayers allowed a deduction pursuant to this section.
(B) The disclosure provisions of this paragraph shall be treated as an exception to Section 19542.
(e) This section shall become inoperative on December 1, 2030.

SEC. 5.

 This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.