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HomeMy WebLinkAboutMINUTES - 06032014 - C.69RECOMMENDATION(S): ADOPT the following positions on transportation related legislation as recommended by the Transportation, Water, and Infrastructure Committee: "WATCH" on: 1: Assembly Bill 1324 (Skinner) Transactions and Use Taxes: City of El Cerrito : a bill that would authorize the City of El Cerrito, if certain requirements are met, to impose a transactions and use tax for general purposes at a minimum rate, that would, in combination with other specified taxes, exceed the combined rate limit provided under the Transactions and Use Tax Law. 2: AB 2651 (Linder) Vehicle Weight Fees: Transportation Bond Debt: Prohibits weight fee revenue from being transferred from the State Highway Account to the Transportation Debt Service Fund or to the Transportation Bond Direct Payment Account, and from being used to pay the debt service on transportation general obligation bonds. 3: AB 2728 (Perea) Vehicle Weight Fees: Transportation Bond: Prohibits weight fee revenues from being transferred from the State Highway Account to the Transportation Debt Service Fund or the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds. Prohibits loans of the revenues to the General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: John Cunningham, 674-7833 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: June 3, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen , Deputy cc: C. 69 To:Board of Supervisors From:Catherine Kutsuris, Conservation and Development Director Date:June 3, 2014 Contra Costa County Subject:Recommendations on Transportation Related Legislation. RECOMMENDATION(S): (CONT'D) 4: SB 1418 (DeSaulnier) Vehicle Weight Fees: Transportation Bond Debt Service: Repeals existing law allowing for the transfer of weight fees from the State Highway Account to reimburse the General Fund for debt service on transportation bonds. Requires specified percentage of the revenues derived from the increase in motor fuel excise taxes to be deposited in the State Highway Account to be allocated to city and county streets and roads, and another percentage to the State Highway Operation and Protection Program. FISCAL IMPACT: None. The recommended actions are exclusively "watch" positions. Subsequent reports or recommendations on these bills will provide fiscal impacts. BACKGROUND: The Transportation, Water and Infrastructure (TWI) Committee reviewed the subject bills at their May 1st meeting and approved forwarding the following recommendations to the Board of Supervisors: The following bill will be monitored by the TWI Committee for the potential effect on broader County transportation funding interests: 1: Assembly Bill 1324 (Skinner) Transactions and Use Taxes: City of El Cerrito : Authorizes the City of El Cerrito, if certain requirements are met, to impose a transactions and use tax for general purposes at a minimum rate, that would, in combination with other specified taxes, exceed the combined rate limit provided under the Transactions and Use Tax Law. The following three bills address the current practice of transferring weight fees from the State Highway Account to either the Transportation Debt Service Fund, the Transportation Bond Direct Payment Account, or being used to pay the debt service on transportation general obligation bonds. These bills will continue to be monitored by the TWI Committee who will report back at a future Board of Supervisors meeting. 2: AB 2651 (Linder) Vehicle Weight Fees: Transportation Bond Debt: Prohibits weight fee revenue from being transferred from the State Highway Account to the Transportation Debt Service Fund or to the Transportation Bond Direct Payment Account, and from being used to pay the debt service on transportation general obligation bonds. 3: AB 2728 (Perea) Vehicle Weight Fees: Transportation Bond : Prohibits weight fee revenues from being transferred from the State Highway Account to the Transportation Debt Service Fund or the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds. Prohibits loans of the weight fee revenues to the General Fund. 4: SB 1418 (DeSaulnier) Vehicle Weight Fees: Transportation Bond Debt Service: Repeals provisions of existing law which allow for the transfer of weight fees on the registration of commercial motor vehicles from the State Highway Account to reimburse the General Fund for debt service on transportation bonds. Requires of specified percentage of the revenues derived from the increase in motor fuel excise taxes to be deposited in the State Highway Account to be allocated to city and county streets and roads, and another percentage to the State Highway Operation and Protection Program. Attached to this Board report is: 1: Table: Adopted Positions on Subject Legislation - 2014 2: Text of Subject Legislation CONSEQUENCE OF NEGATIVE ACTION: Without approving the recommendations of the Transportation, Water and Infrastructure Committee, the Board will forgo an opportunity to communicate the County's legislative interests and intent. CHILDREN'S IMPACT STATEMENT: No impact. ATTACHMENTS Table: Adopted Positions on Legislation Table Text of Subject Legislation June 3 BOS Meeting Adopted Positions on Subject Legislation ‐ 2014  Bill CC County ABAG BAAQMD CCTA CSAC LofC MTC Other Assembly Bill 1324 (Skinner) Transactions and Use Taxes: City of El Cerrito Pending Watch Watch AB 2651 (Linder) Vehicle Weight Fees: Transportation Bond Debt Pending Watch AB 2728 (Perea) Vehicle Weight Fees: Transportation Bond Pending Watch SB 1418 (DeSaulnier) Vehicle Weight Fees: Transportation Bond Debt Service Pending Support Assembly Bill 1811 (Buchanan) High-Occupancy Vehicle Lanes Support 4/22/14 Support Watch Support Assembly Bill 2398 (Levine) Vehicles: Pedestrians and Bicyclists Support 4/22/14 Watch Assembly Bill 1532 (Gatto) Vehicle Accidents Support 4/22/14 Watch Senate Bill 1151 (Cannella) Vehicles: School Zone Fines Support and Request Amendment 4/22/14 Support Assembly Bill 2235 (Buchanan) Kindergarten-University Public Education Facilities Bond Act of 2014 Watch 4/22/14 Watch Assembly Bill 1724 (Frazier) Construction Manager/General Contractor method: regional transportation agencies: Watch 4/22/14 FEDERAL Senate 1708: (Merkley [OR])/ House of Representatives 3494: (Blumenauer [OR]) The Bicycle and Pedestrian Safety Act Support 4/22/14 G:\Transportation\Legislation\2014\Positions on Subject Legislation.docx 5/21/2014 State Net | Text https://statenet.lexisnexis.com/secur e/pe/ts.cg i 1/4 2013 CA A 1324 Author:Skinner Version:Am ended Version Date:05/05/20 14 An a ct to am end Section 9250.14 o f the Vehicle Cod e, relating to veh i cl es , and m aki ng an appropriation therefor. An act to add and rep eal Chapter 3 .8 (com m encing w i th Section 72 93) of Part 1.7 of D i vis ion 2 of the Revenue and Taxation Co de, relating to taxation. LEGISLATIVE C OUNSEL'S DIGEST AB 1 324, as am ended, Skinner. Vehi cl es : additional reg i s tration fees : ve hicle theft crim e s . Trans actions a nd us e taxes : C i ty o f El Cerrito. Exis ting law a uthorizes citi es and counties , s ubject to certain l i m itations and ap proval requirem ents , to levy a trans actions and us e ta x for general p urp os es , in accordance with the p rocedures and req uirem ents s et fo rth in the Tran s actions and Us e Tax Law, includ i ng a requirem ent that the com bin ed rate of all ta xe s that m ay be im pos ed in accord ance with that law in the county n ot exceed 2%. This bill wou l d authorize the C i ty of El Cerri to, if certain require m ents are m e t, to im pos e a tran s actions and us e ta x for general purp os es at a rate of no m ore than 0.5 % that would, in com bination w i th other s peci fi ed taxes , exce ed the com bined rate lim it. Thes e provis ions would be repealed by the i r own term s on Ja nuary 1, 2022 , i f the ordinance is not approved, as s p ecified. This bill wou l d m ake legis l ative findings an d declarations as to the neces s i ty o f a s pecial s tatu te for the City of El Ce rrito. Exis ting law, until January 1, 2018, in addition to the other fe es im pos ed for the regis tration o f a vehicle, autho rizes a county to im pos e an additional fee of $1 on all m otor vehicle s , and an additional s ervice fe e of $2 on com m ercial m otor vehicles of 10,001 p ounds or m ore, as s pecified, and continuous ly ap propriates the m oney to fund local program s relatin g to vehicle theft crim es . Exis ting la w als o authori ze s the County of Los Angeles , th e County of San D i ego, and the C ounty of San Bernardino to increa s e the m otor vehicle fee from $1 to $2, provides that the s ervice fee on com m ercial m o tor vehicles would i ncreas e from $2 to $4 in thos e counties , upon a doption of a res o l ution of their Added: Green unde rlined text De lete d: Dark red text with a s trikethrough Ve toe d: Red text AMENDED IN ASSEMBLY March 21, 2013 AMENDED IN ASSEMBLY May 02, 2013 AMENDED IN SENATE May 05, 2014 CALIFOR N IA LEGISLATURE--2013-2014 R EGULAR SESSION Assembly Bill No. 1324 Introduc ed by As s em bly Mem bers Mem ber Skinner and Bonta Feb ruary 22, 2013 (Coauthor: As s e m bly Mem ber Bu chanan) (Coautho r: Senator Hanco ck) 5/21/2014 State Net | Text https://statenet.lexisnexis.com/secur e/pe/ts.cg i 2/4 boards of s upervis ors , and requires th e res olution to be s ubm itted to the Departm ent o f Motor Vehicles at leas t 6 m on ths prior to the op erative date of th e fee increas e. Exis ting law provi des that thes e fee s are depos ited i nto a continu ous ly appropriate d fund. This bill wou l d, until January 1 , 2018, additio nally authorize the County of Ala m e da to increas e the m otor vehicl e fee from $1 to $2, would provide that the s ervice fe e on com m ercia l m otor vehicles would increas e from $2 to $4, upon adoption of a res olution of its bo ard of s upervis ors , and would requ i re the res olution to be s ubm itted to the Departm ent of Motor Veh i cles at leas t 6 m onths prior to th e operative da te of the fee increas e. The bill w ould m ake an appropri ation by depos i ti ng the increa s ed fees in a contin uous ly appro priated fund. Vote Requ i red: MAJORITY Ap propriation: YES NO Fis cal Com m ittee: YES NO Local Program : NO Im m ediate Effect NO Urgency: N O Tax Levy: NO Election: NO Us ual Current Expen s es : NO Budget Bi l l : NO Prop 25 Trailer Bill: NO The people o f the State of Ca l i fornia do enact as follows : SECTION 1 . C hapter 3.8 (com m encing with Section 7293) is a dded to Part 1.7 of Divis ion 2 o f the Revenue and Taxation Code, to read: 3.8. Local Go vernm ent Fin ance in the City of El Cerrito 7293. Notwith s tanding any o ther law, the City of El Cerrito m ay im pos e a tran s actions and us e tax for genera l purp os e s at a rate of n o m ore than 0.5 percent that wo uld, in com bination with all taxes im pos ed purs u ant to Part 1.6 (com m e ncing with Section 7251), excee d the lim it es ta blis hed in Section 7251.1, if all of th e following req uirem ents are m et: (a) The city a dopts an ordina nce propos ing th e trans actions an d us e tax s ubje ct to any appli cable voter approval requirem en t. (b) The ord i nance propos in g the trans actions and us e tax is s ubm itted to th e electorate and is approved by the voters voting on the o rdinance as req uired by Article XIIIC of the Califo rnia Cons titutio n. The election on the ordin ance propos ing the trans actions a nd us e tax m a y o ccur on or afte r Novem ber 4, 201 4. (c) The trans actions and u s e tax conform s to the Trans actio ns and Us e Tax Law, Part 1.6 (com m encing with Sectio n 7251), other th an Section 7251 .1. (d) The tran s actions and us e tax is im pos ed on or after Janua ry 1, 2015. 7294. If, as of January 1, 20 22, an ordinance propos ing a tra ns actions and us e tax has not be en approved as requ i red by s ubdivis io n (b) of Section 7 293, this chapter s hall be repealed as of that s am e date. SEC. 2. The L egis lature fin ds and declares that a s pecial la w i s neces s ary a nd that a genera l l aw cannot be m ad e applicable with i n the m eaning o f Section 16 of Article IV of the Ca l i fornia Cons titu ti on becaus e of the unique fis cal and p ublic s ervice pre s s ures being e xp erienced in the City of El Cerrito. SECTION 1 . Section 9250.14 of the Vehicle Co de is am ended to read: 9250.14. (a) (1) In addition to any other fees s pecified in this co de and the Re ve nue and Taxa ti on Code, upon the ad option of a res olu ti on by any cou nty board of s upervis ors , a fee of o ne dollar ($1) s hall be paid at the tim e of regis tration or renewa l of regis tration of e very vehicle, except vehicles des cribed in s ub divi s ion (a) of Sectio n 5014.1, regis tered to an addres s within that co unty except thos e e xpres s ly exem pted from paym ent of regis tration fees . The fees , a fter deduction of the adm inis tra ti ve cos ts incurre d by the departm e nt in carrying ou t this s ection, s h all be paid quarterly to the Contro l l er. (2) (A) If the County of Alam ed a, the County of Los Angeles , th e County of San D i ego, or the Co unty of San Bernardino has adopte d a res olution to im pos e a one-d ollar ($1) fee pu rs uant to parag rap h (1), the cou nty m ay increa s e the fee s pecified in paragraph (1) to two dollars ($2) in the s am e m anner as the im pos ition of th e initial fee purs uan t to paragraph (1). The two do l l ars ($2) s hall b e paid at the tim e o f regis tration or renewal of reg i s tration of a vehicl e, and quarterly to the Controller, a s provided in p aragraph (1). (B) A res o l ution to increas e th e fee from one d ollar ($1) to tw o dollars ($2) p urs uant to s ubpara graph (A) s hall b e s ubm itted to the departm ent at leas t s ix m onths prior to the operative date of the fee increas e. (3) In addition to the s ervice fee im pos ed p urs uant to paragra ph (1), and upo n the im plem en tation of the perm an ent trailer ide ntification plate p rog ram , and as pa rt of the Com m erci al Vehicle R egis tration Act of 20 01 (Chapter 5/21/2014 State Net | Text https://statenet.lexisnexis.com/secur e/pe/ts.cg i 3/4 861 o f the Statutes of 20 00), all com m erci al m otor vehicle s s ubject to Section 9400.1 reg i s tered to an owner with an addres s i n the county that es tablis hed a s ervice authori ty under this s e cti on, s hall pay an additional s ervi ce fee of two dollars ($2). (4) (A) If a cou nty im pos es a s ervice fee of two dollars ($2) by adopting a res o l ution purs uant to s ubp ara graph (A) of pa ragraph (2), th e fee s pecified in pa ragraph (3) s hall be increas ed to four dollars ($4).The four dollars ($4) s hall be p aid at the tim e of re gis tration or ren ewal of regis tration of a vehicle, a nd quarterly to the Controller as provi ded in paragra ph (1). (B) A res o l ution to increas e th e additional s ervice fee from tw o dollars ($2) to four dollars ($4 ) purs uant to s ubp ara graph (A) s ha l l be s ubm itted to the departm ent a t l eas t s ix m onth s prior to the ope rative date of the fee increa s e. (b) Notwiths tanding Section 1 3340 of the Go ve rnm ent Code, the m oneys paid to the Controlle r are continu ous ly appropriate d, without rega rd to fis cal years , for the adm inis trative cos ts of the Controller, and for dis bu rs em ent by the Controller to each county that has a dopted a res olu ti on purs uant to s ubdivis ion (a), bas ed upon the nu m ber of vehicle s regis tered, or w hos e regis tratio n is renewed, to an addres s with i n that county. (c) Except a s otherwis e provided in this s ubd i vis ion, m oneys a l l ocated to a cou nty purs uant to s ubdivis ion (b ) s hall b e expended exclu s ively to fund p rogram s that e nha nce the capacity of local police a nd pros ecutors to deter, inves tigate, and pros ecute vehicle theft cri m es . In any cou nty with a pop ulation of 250,000 or les s , the m on eys s hall be expend ed exclus ively for thos e vehicle theft crim e prog ram s and for the pros ecution of cri m es involving dri ving while unde r the influence of alcohol or drug s , or both, in viola ti on of Section 231 52 or 23153, or vehicular m an s laughter in viola ti on of Section 191 .5 of the Penal Code or s ubdivis io n (c) of Sectio n 192 of the Pen al Code, or a co m b i nation of any of thos e crim es . (d) The m o neys collected pu rs uant to this s ection s hall not be expended to o ffs et a reduction in any other s ource of funds , nor for any purpos e not authorized und er this s ection. (e) Any fun ds received by a co unty prior to Jan uary 1, 2000, p urs uant to this s e cti on, that are n ot expended to deter, i nves tigate, or p ros ecute crim es purs uant to s ub divi s ion (c) s ha l l be returned to th e Controller, fo r de pos it in the Motor Vehicle Account in the State Trans portation Fund. Thos e funds rece i ved by a coun ty s hall be expend ed in accord ance with this s e cti on. (f) Each coun ty that adopts a res olution under s ubdivis ion (a ) s hall s ubm it, on or before the 13 th day following the end of ea ch quarter, a qua rterly expenditure and activity re port to the des ign ated s tatewide Vehi cle Theft Inves tigation and App reh ens ion Coordinator in the Depa rtm ent of the C alifornia Highwa y Patrol. (g) A county that im pos es a fe e under s ubdivis ion (a) s hall is s ue a fis cal yearend report to the C ontroller on or be fore Augus t 31 o f each year. The rep ort s hall includ e a detailed accounting of the fund s received and expended in the im m ediately preceding fis cal year, i ncluding, at a m inim um , all of the following: (1) The am ount of funds rece i ved and expend ed by the county under s ubdivis io n (b) for the im m ediately prece ding fis cal year. (2) The total e xpenditures b y the county under s ubdivis ion (c) for the im m edia tely preceding fis cal year. (3) Details of expenditures m ade by the coun ty under s ubdi vis i on (c), includin g s alaries and e xp ens es , purch as e of equipm e nt and s upplies , a nd any other e xp enditures m ad e lis ted by type w i th an explanato ry com m ent. (4) A s um m ary of vehicle theft abatem ent a cti vities and other ve hicle theft prog ram s funded b y th e fees collected under this s ection. (5) The total n um ber of s tolen vehicles recovered and the value of thos e vehicles during the im m ediately prece ding fis cal year. (6) The total n um ber of veh i cl es s tolen during the im m ediately preceding fis cal year as com pa red to the fis cal year prior to the im m ediately precedi ng fis cal yea r. (7) Any ad ditional, unexpende d fee revenue s received under s ubdivis ion (b) for the county for the im m ediately prece ding fis cal year. (h) Each cou nty that fails to s ubm it the repo rt required purs ua nt to s ubdivis ion (g) by Novem be r 30 of each year s h all have the fee s us pended by the Controller for o ne year, com m en cing on July 1 following the Con troller's 5/21/2014 State Net | Text https://statenet.lexisnexis.com/secur e/pe/ts.cg i 4/4 determ ination that a cou nty has failed to s ubm it the re port. (i) (1) On or b efore January 1, 2013, and on o r before January 1 of each year, the Controller s h all provide to the Dep artm ent of the California High w ay Patrol copie s of the yearend re ports s ubm itted by the counties u nder s ubd i vis i on (g), and, i n cons ultation w i th the Departm en t of the California H ighway Patrol, s hall review th e fis cal yearend repo rts s ubm itted by ea ch county purs u ant to s ubdivis io n (g) to determ i ne if fee revenu es are being utilized i n a m anner cons is tent with this s ection. If the Con troller determ ines that the us e of th e fee revenue s is not cons is tent with this s ection , the Controller s hall cons ult with the participatin g counties ' des i gnated regiona l coordinators . If the Controller determ ines that us e o f the fee revenu es is s till not con s is tent with this s ection, the auth ority to collect th e fee by that county s hall be s us pe nded for one year. (2) If the Co ntroller determ i nes that a county has not s ubm itte d a fis cal yearen d report as req uired in s ubd i vis i on (g), the a uthorization to co l l ect the s ervice fee s hall be s us pen ded for one ye ar purs uant to s ubdivis ion (h). (3) When th e Controller determ ines that a fee s hall be s us p ended for a coun ty, the Controller s hall inform the Departm ent of Motor Veh i cles on or be fore January 1 of each year that the authority to co l l ect a fee for tha t county is s us p ended. (j) On or b efore January 1 of e ach year, the Controller s hall p repare and s ubm i t to the Legis la ture a revenue and e xp enditure s um m ary for each participating county that includes a l l of the following: (1) The total revenues rece i ve d by each county. (2) The total e xpenditures b y e ach county. (3) The une xp ended reven ues for each coun ty. (k) For the pu rpos es of this s e ction, a county-des ignated re gional coordinato r is that agency d es ignated by the pa rticipating coun ty's board of s up ervis ors as the ag ency in control of its countywide vehicle theft ap pre hens ion prog ram . (l) This s ection s hall rem a i n in effect only until January 1, 2018 , and as of tha t date is repealed , unles s a late r enacte d s tatute that is enacted on or be fore January 1 , 2018, deletes or extends that da te. Copyright 2 014 State Net. All Rights Res erve d. AMENDED IN SENATE MAY 1, 2014 AMENDED IN SENATE MARCH 27, 2014 SENATE BILL No. 1418 Introduced by Senator DeSaulnier February 21, 2014 An act to amend Sections 16773 and 16965 of the Government Code, to amend Section 2103 of the Streets and Highways Code, and to amend Sections 9400.1 and 42205 of, and to repeal Section 9400.4 of, the Vehicle Code, relating to transportation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. legislative counsel’s digest SB 1418, as amended, DeSaulnier. Vehicle weight fees: transportation bond debt service. (1)  Existing law imposes weight fees on the registration of commercial motor vehicles and provides for the deposit of net weight fee revenues into the State Highway Account. Existing law provides for the transfer of certain weight fee revenues from the State Highway Account to the Transportation Debt Service Fund to reimburse the General Fund for payment of debt service on general obligation bonds issued for transportation purposes. Existing law also provides for the transfer of certain weight fee revenues to the Transportation Bond Direct Payment Account for direct payment of debt service on designated bonds, which are defined to be certain transportation general obligation bonds issued pursuant to Proposition 1B of 2006. Existing law also provides for loans of weight fee revenue revenues to the General Fund to the extent the revenues are not needed for bond debt service purposes, with the loans to be repaid when the revenues are later needed for those purposes, as specified. 97 This bill would repeal these provisions, thereby retaining the weight fee revenues in the State Highway Account. The bill would make other conforming changes in that regard. (2)  Existing law provides for the deposit of fuel excise tax revenues imposed by the state on fuels used in motor vehicles upon public streets and highways in the Highway Users Tax Account, and appropriates those revenues to various purposes. Existing law, with respect to the portion of these revenues that is derived from increases in the motor vehicle fuel excise tax beginning in 2010, requires an allocation of revenues to reimburse the State Highway Account for the amount of weight fee revenues that the State Highway Account is not receiving due to use of weight fee revenues to pay debt service on transportation general obligation bonds and to make certain loans to the General Fund, with the remaining amount of this portion of revenues allocated 44% to the State Transportation Improvement Program, 12% to the State Highway Operations Operation and Protection Program, and 44% to city and county streets and roads. This bill, with respect to the portion of these revenues that is derived from increases in the motor vehicle fuel excise tax beginning in 2010, would instead require 56% of the revenues to be deposited by the Controller in the State Highway Account and 44% to be allocated by the Controller to city and county streets and roads. This bill would require a minimum of 21.453% of the revenues deposited in the State Highway Account under these provisions to be allocated to the State Highway Operation and Protection Program. The bill would thereby make an appropriation. (3)  This bill would declare that it is to take effect immediately as an urgency statute, with certain provisions to become operative on July 1, 2014. Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Section 16773 of the Government Code is line 2 amended to read: line 3 16773. (a)  Whenever any payment of principal of any bonds line 4 shall become due, either upon the maturity of any of the bonds or line 5 upon the redemption thereof prior to maturity, and whenever any line 6 interest on any of the bonds shall fall due, warrants shall be drawn 97 — 2 —SB 1418 line 1 against the appropriation made by the bond act from the General line 2 Fund by the Controller in favor of the Treasurer, or state fiscal line 3 agents, or other duly authorized agents, pursuant to claims filed line 4 with the Controller by the Treasurer, in the amounts so falling due. line 5 (b)  For any payments of debt service, as defined in subdivision line 6 (c) of Section 998.404 of the Military and Veterans Code, with line 7 respect to any bonds issued pursuant to a veterans’ farm and home line 8 purchase bond act adopted pursuant to Chapter 6 (commencing line 9 with Section 980) of Division 4 of the Military and Veterans Code, line 10 the Controller shall first draw warrants against the appropriation line 11 from the Veterans’ Bonds Payment Fund in Section 988.6 of the line 12 Military and Veterans Code, and, to the extent moneys in that fund line 13 are insufficient to pay the amount of debt service then due, shall line 14 draw warrants against the appropriation made by the bond act from line 15 the General Fund for payment of any remaining amount then due. line 16 SEC. 2. Section 16965 of the Government Code is amended line 17 to read: line 18 16965. (a)  The Transportation Debt Service Fund is hereby line 19 created in the State Treasury. Moneys in the fund shall, among line 20 other things, as provided in this section, be dedicated to line 21 payment of debt service on bonds, or to redeem or retire bonds, line 22 pursuant to Section 16774, maturing in a subsequent fiscal year, line 23 including bonds issued pursuant to the Clean Air and line 24 Transportation Improvement Act of 1990 (Part 11.5 (commencing line 25 with Section 99600) of Division 10 of the Public Utilities Code), line 26 the Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17 line 27 (commencing with Section 2701) of Division 3 of the Streets and line 28 Highways Code), the Seismic Retrofit Bond Act of 1996 (Chapter line 29 12.48 (commencing with Section 8879) of Division 1 of Title 2), line 30 the Highway Safety, Traffic Reduction, Air Quality, and Port line 31 Security Bond Act of 2006 (Chapter 12.49 (commencing with line 32 Section 8879.20) of Division 1 of Title 2), and the Safe, Reliable line 33 High-Speed Passenger Train Bond Act for the 21st Century line 34 (Chapter 20 (commencing with Section 2704) of Division 3 of the line 35 Streets and Highways Code). If the moneys in the fund are line 36 insufficient to pay the balance of the debt consistent with existing line 37 obligations, the General Fund will be used to pay the balance of line 38 any debt service. line 39 (b)  From the moneys transferred to the fund pursuant to Section line 40 9400.4 of the Vehicle Code prior to July 1, 2014, 97 SB 1418— 3 — line 1 or on an ongoing basis pursuant to Section 16965.1 or 63048.67, line 2 the Controller shall transfer as an expenditure reduction to the line 3 General Fund any amount necessary to offset the cost of current line 4 year debt service payments made from the General Fund with line 5 respect to any bonds issued pursuant to Proposition 192 (1996) line 6 and three-quarters of the amount of current year debt service line 7 payments made from the General Fund with respect to any bonds line 8 issued pursuant to Proposition 1B (2006). In the alternative, these line 9 funds may also be used to redeem or retire the applicable bonds, line 10 pursuant to Section 16774, maturing in a subsequent fiscal year line 11 as directed by the Director of Finance. line 12 (c)  From moneys transferred to the fund pursuant to Section line 13 183.1 of the Streets and Highways Code, the Controller shall line 14 transfer as an expenditure reduction to the General Fund any line 15 amount necessary to offset the cost of current year debt service line 16 payments made from the General Fund with respect to any bonds line 17 issued pursuant to Proposition 116 (1990). In the alternative, these line 18 funds may also be used to redeem or retire the applicable bonds, line 19 pursuant to Section 16774, maturing in a subsequent fiscal year line 20 as directed by the Director of Finance. line 21 (d)  From moneys transferred to the fund pursuant to paragraph line 22 (2) or (3) of subdivision (c) of Section 9400.4 of the Vehicle Code line 23 prior to July 1, 2014, or on an ongoing basis pursuant to Section line 24 16965.1 or 63048.67, the Controller shall transfer as an expenditure line 25 reduction to the General Fund any amount necessary to offset the line 26 eligible cost of current year debt service payments made from the line 27 General Fund with respect to any bonds issued pursuant to line 28 Proposition 108 (1990) and Proposition 1A (2008), and one-quarter line 29 of the amount of current year debt service payments made from line 30 the General Fund with respect to any bonds issued pursuant to line 31 Proposition 1B (2006). The Department of Finance shall notify line 32 the Controller by July 30 of every year of the percentage of debt line 33 service that is expected to be paid in that fiscal year with respect line 34 to bond-funded projects that qualify as eligible guideway projects line 35 consistent with the requirements applicable to the expenditure of line 36 revenues under Article XIX of the California Constitution, and the line 37 Controller shall make payments only for those eligible projects. line 38 In the alternative, these funds may also be used to redeem or retire line 39 the applicable bonds, pursuant to Section 16774, maturing in a line 40 subsequent fiscal year as directed by the Director of Finance. 97 — 4 —SB 1418 line 1 (e)  On or before the second business day following the date on line 2 which transfers are made to the Transportation Debt Service Fund, line 3 the Controller shall transfer the funds designated for reimbursement line 4 of bond debt service in that month from the fund to the General line 5 Fund pursuant to this section. line 6 SEC. 3. Section 2103 of the Streets and Highways Code is line 7 amended to read: line 8 2103. (a)  Notwithstanding Section 13340 of the Government line 9 Code, of the net revenues deposited to the credit of the Highway line 10 Users Tax Account in the Transportation Tax Fund that are derived line 11 from the increases in the rates of taxes that are imposed pursuant line 12 to subdivision (b) of Section 7360 and Section 7361.1 of the line 13 Revenue and Taxation Code, all of the following shall occur on a line 14 monthly basis: line 15 (1)  Fifty-six percent shall be transferred by the Controller to line 16 the State Highway Account to fund projects that are consistent line 17 with Section 1 2 of Article XIX of the California Constitution, line 18 with a minimum of 21.43 percent of the revenues transferred under line 19 this paragraph to be used to fund projects in the State Highway line 20 Operation and Protection Program. line 21 (2)  Forty-four percent shall be apportioned by the Controller line 22 for local street and road purposes as follows: line 23 (A)  Fifty percent shall be apportioned by the Controller to cities, line 24 including a city and county, in the proportion that the total line 25 population of the city bears to the total population of all the cities line 26 in the state. line 27 (B)  Fifty percent shall be apportioned by the Controller to line 28 counties, including a city and county, in accordance with the line 29 following formulas: line 30 (i)  Seventy-five percent shall be apportioned among the counties line 31 in the proportion that the number of fee-paid and exempt vehicles line 32 that are registered in the county bear to the number of fee-paid and line 33 exempt vehicles registered in the state. line 34 (ii)  Twenty-five percent shall be apportioned among the counties line 35 in the proportion that the number of miles of maintained county line 36 roads in each county bear to the total number of miles of line 37 maintained county roads in the state. For the purposes of line 38 apportioning funds under this subparagraph, any roads within the line 39 boundaries of a city and county that are not state highways shall line 40 be deemed to be county roads. 97 SB 1418— 5 — line 1 (b)  After the transfers or other actions pursuant to subdivision line 2 (a), at least 90 percent of the balance deposited to the credit of the line 3 Highway Users Tax Account in the Transportation Tax Fund by line 4 the 28th day of each month shall be apportioned or transferred, as line 5 applicable, by the Controller by the second working day thereafter, line 6 except for June, in which case the apportionment or transfer shall line 7 be made the same day. These apportionments or transfers shall be line 8 made as provided for in Sections 2104 to 2122, inclusive. If line 9 information is not available to make the apportionment or transfer line 10 as required, the apportionment or transfer shall be made on the line 11 basis of the information of the previous month. Amounts not line 12 apportioned or transferred shall be included in the apportionment line 13 or transfer of the subsequent month. line 14 (c)  Notwithstanding any other law, the funds apportioned by line 15 the Controller to cities and counties pursuant to paragraph (2) of line 16 subdivision (a) are not subject to Section 7104 or 7104.2 of the line 17 Revenue and Taxation Code. These funds may be expended for line 18 any street and road purpose consistent with the requirements of line 19 this chapter. line 20 SEC. 4. Section 9400.1 of the Vehicle Code is amended to line 21 read: line 22 9400.1. (a)  (1)  In addition to any other required fee, there line 23 shall be paid the fees set forth in this section for the registration line 24 of commercial motor vehicles operated either singly or in line 25 combination with a declared gross vehicle weight of 10,001 pounds line 26 or more. Pickup truck and electric vehicle weight fees are not line 27 calculated under this section. line 28 (2)  The weight of a vehicle issued an identification plate line 29 pursuant to an application under Section 5014, and the weight of line 30 an implement of husbandry as defined in Section 36000, shall not line 31 be considered when calculating, pursuant to this section, the line 32 declared gross vehicle weight of a towing commercial motor line 33 vehicle that is owned and operated exclusively by a farmer or an line 34 employee of a farmer in the conduct of agricultural operations. line 35 (3)  Tow trucks that are utilized to render assistance to the line 36 motoring public or to tow or carry impounded vehicles shall pay line 37 fees in accordance with this section, except that the fee calculation line 38 shall be based only on the gross vehicle weight rating of the towing line 39 or carrying vehicle. Upon each initial or transfer application for line 40 registration of a tow truck described in this paragraph, the 97 — 6 —SB 1418 line 1 registered owner or lessee or that owner’s or lessee’s designee, line 2 shall certify to the department the gross vehicle weight rating of line 3 the tow truck: line 4 line 5 FeeGross Vehicle Weight Range line 6 $ 25710,001–15,000  ............................................................................ line 7   35315,001–20,000  ............................................................................ line 8   43520,001–26,000  ............................................................................ line 9   55226,001–30,000  ............................................................................ line 10   64830,001–35,000  ............................................................................ line 11   76135,001–40,000  ............................................................................ line 12   83740,001–45,000  ............................................................................ line 13   94845,001–50,000  ............................................................................ line 14   1,03950,001–54,999  ............................................................................ line 15   1,17355,000–60,000  ............................................................................ line 16   1,28260,001–65,000  ............................................................................ line 17   1,39865,001–70,000  ............................................................................ line 18   1,65070,001–75,000  ............................................................................ line 19   1,70075,001–80,000  ............................................................................ line 20 line 21 (b)  The fees specified in subdivision (a) apply to both of the line 22 following: line 23 (1)  An initial or original registration occurring on or after line 24 December 31, 2001, to December 30, 2003, inclusive, of a line 25 commercial motor vehicle operated either singly or in combination line 26 with a declared gross vehicle weight of 10,001 pounds or more. line 27 (2)  The renewal of registration of a commercial motor vehicle line 28 operated either singly or in combination, with a declared gross line 29 vehicle weight of 10,001 pounds or more for which registration line 30 expires on or after December 31, 2001, to December 30, 2003, line 31 inclusive. line 32 (c)  (1)  For both an initial or original registration occurring on line 33 or after December 31, 2003, of a commercial motor vehicle line 34 operated either singly or in combination with a declared gross line 35 vehicle weight of 10,001 pounds or more, and the renewal of line 36 registration of a commercial motor vehicle operated either singly line 37 or in combination, with a declared gross vehicle weight of 10,001 line 38 pounds or more for which registration expires on or after December line 39 31, 2003, there shall be paid fees as follows: 97 SB 1418— 7 — line 1 Fee   Weight CodeGross Vehicle Weight Range line 2 $  332A10,001–15,000 line 3   447B15,001–20,000 line 4   546C20,001–26,000 line 5   586D26,001–30,000 line 6   801E30,001–35,000 line 7   937F35,001–40,000 line 8 1,028G40,001–45,000 line 9 1,161H45,001–50,000 line 10 1,270I50,001–54,999 line 11 1,431J55,000–60,000 line 12 1,562K60,001–65,000 line 13 1,701L65,001–70,000 line 14 2,004M70,001–75,000 line 15 2,064N75,001–80,000 line 16 line 17 (2)  For the purpose of obtaining “revenue neutrality” as line 18 described in Sections 1 and 59 of Senate Bill 2084 of the line 19 1999–2000 Regular Session (Chapter 861 of the Statutes of 2000), line 20 the Director of Finance shall review the final 2003–04 Statement line 21 of Transactions of the State Highway Account. If that review line 22 indicates that the actual truck weight fee revenues deposited in the line 23 State Highway Account do not total at least seven hundred line 24 eighty-nine million dollars ($789,000,000), the Director of Finance line 25 shall instruct the department to adjust the schedule set forth in line 26 paragraph (1), but not to exceed the following fee amounts: line 27 line 28 Fee   Weight CodeGross Vehicle Weight Range line 29 $  354A10,001–15,000 line 30   482B15,001–20,000 line 31   591C20,001–26,000 line 32   746D26,001–30,000 line 33   874E30,001–35,000 line 34 1,024F35,001–40,000 line 35 1,125G40,001–45,000 line 36 1,272H45,001–50,000 line 37 1,393I50,001–54,999 line 38 1,571J55,000–60,000 line 39 1,716K60,001–65,000 line 40 1,870L65,001–70,000 97 — 8 —SB 1418 line 1 2,204M70,001–75,000 line 2 2,271N75,001–80,000 line 3 line 4 (d)  (1)  In addition to the fees set forth in subdivision (a), a line 5 Cargo Theft Interdiction Program fee of three dollars ($3) shall line 6 be paid at the time of initial or original registration or renewal of line 7 registration of each motor vehicle subject to weight fees under this line 8 section. line 9 (2)  This subdivision does not apply to vehicles used or line 10 maintained for the transportation of persons for hire, compensation line 11 or profit, and tow trucks. line 12 (3)  For vehicles registered under Article 4 (commencing with line 13 Section 8050) of Chapter 4, the fee imposed under this subdivision line 14 shall be apportioned as required for registration fees under that line 15 article. line 16 (4)  Funds collected pursuant to the Cargo Theft Interdiction line 17 Program shall not be proportionately reduced for each month and line 18 shall be transferred to the Motor Carriers Safety Improvement line 19 Fund. line 20 (e)  Notwithstanding Section 42270 or any other provision of line 21 law, of the moneys collected by the department under this section, line 22 one hundred twenty-two dollars ($122) for each initial, original, line 23 and renewal registration shall be reported monthly to the Controller, line 24 and at the same time, deposited in the State Treasury to the credit line 25 of the Motor Vehicle Account in the State Transportation Fund. line 26 All other moneys collected by the department under this section line 27 shall be deposited to the credit of the State Highway Account in line 28 the State Transportation Fund. One hundred twenty-two dollars line 29 ($122) of the fee imposed under this section shall not be line 30 proportionately reduced for each month. For vehicles registered line 31 under Article 4 (commencing with Section 8050) of Chapter 4, line 32 the fee shall be apportioned as required for registration under that line 33 article. line 34 (f)  (1)  The department, in consultation with the Department of line 35 the California Highway Patrol, shall design and make available a line 36 set of distinctive weight decals that reflect the declared gross line 37 combined weight or gross operating weight reported to the line 38 department at the time of initial registration, registration renewal, line 39 or when a weight change is reported to the department pursuant line 40 to Section 9406.1. A new decal shall be issued on each renewal 97 SB 1418— 9 — line 1 or when the weight is changed pursuant to Section 9406.1. The line 2 decal for a tow truck that is subject to this section shall reflect the line 3 gross vehicle weight rating or weight code. line 4 (2)  The department may charge a fee, not to exceed ten dollars line 5 ($10), for the department’s actual cost of producing and issuing line 6 each set of decals issued under paragraph (1). line 7 (3)  The weight decal shall be in sharp contrast to the background line 8 and shall be of a size, shape, and color that is readily legible during line 9 daylight hours from a distance of 50 feet. line 10 (4)  Each vehicle subject to this section shall display the weight line 11 decal on both the right and left sides of the vehicle. line 12 (5)  A person may not display upon a vehicle a decal issued line 13 pursuant to this subdivision that does not reflect the declared weight line 14 reported to the department. line 15 (6)  Notwithstanding subdivision (e) or any other provision of line 16 law, the moneys collected by the department under this subdivision line 17 shall be deposited in the State Treasury to the credit of the Motor line 18 Vehicle Account in the State Transportation Fund. line 19 (7)  This subdivision shall apply to vehicles subject to this section line 20 at the time of an initial registration, registration renewal, or reported line 21 weight change that occurs on or after July 1, 2004. line 22 (8)  The following shall apply to vehicles registered under the line 23 permanent fleet registration program pursuant to Article 9.5 line 24 (commencing with Section 5301) of Chapter 1: line 25 (A)  The department, in consultation with the Department of the line 26 California Highway Patrol, shall distinguish the weight decals line 27 issued to permanent fleet registration vehicles from those issued line 28 to other vehicles. line 29 (B)  The department shall issue the distinguishable weight decals line 30 only to the following: line 31 (i)  A permanent fleet registration vehicle that is registered with line 32 the department on January 1, 2005. line 33 (ii)  On and after January 1, 2005, a vehicle for which the line 34 department has an application for initial registration as a permanent line 35 fleet registration vehicle. line 36 (iii)  On and after January 1, 2005, a permanent fleet registration line 37 vehicle that has a weight change pursuant to Section 9406.1. line 38 (C)  The weight decal issued under this paragraph shall comply line 39 with the applicable provisions of paragraphs (1) to (6), inclusive. line 40 SEC. 5. Section 9400.4 of the Vehicle Code is repealed. 97 — 10 —SB 1418 line 1 SEC. 6. Section 42205 of the Vehicle Code is amended to read: line 2 42205. (a)  Notwithstanding Chapter 3 (commencing with line 3 Section 42270), the department shall file, at least monthly with line 4 the Controller, a report of money received by the department line 5 pursuant to Section 9400 for the previous month and shall, at the line 6 same time, remit all money so reported to the Treasurer. On order line 7 of the Controller, the Treasurer shall deposit all money so remitted line 8 into the State Highway Account in the State Transportation Fund. line 9 (b)  The Legislature shall appropriate from the State Highway line 10 Account in the State Transportation Fund to the department and line 11 the Franchise Tax Board amounts equal to the costs incurred by line 12 each in performing their duties pursuant to Article 3 (commencing line 13 with Section 9400) of Chapter 6 of Division 3. The applicable line 14 amounts shall be determined so that the appropriate costs for line 15 registration and weight fee collection activities are appropriated line 16 between the recipients of revenues in proportion to the revenues line 17 that would have been received individually by those recipients if line 18 the total fee imposed under the Vehicle License Fee Law (Part 5 line 19 (commencing with Section 10701) of Division 2 of the Revenue line 20 and Taxation Code) was 2 percent of the market value of a vehicle. line 21 The remainder of the funds collected under Section 9400 and line 22 deposited in the account may be appropriated to the Department line 23 of Transportation, the Department of the California Highway line 24 Patrol, and the Department of Motor Vehicles for the purposes line 25 authorized under Section 3 of Article XIX of the California line 26 Constitution. line 27 SEC. 7. Sections 1 to 6, inclusive, of this act shall become line 28 operative on July 1, 2014. line 29 SEC. 8. This act is an urgency statute necessary for the line 30 immediate preservation of the public peace, health, or safety within line 31 the meaning of Article IV of the Constitution and shall go into line 32 immediate effect. The facts constituting the necessity are: line 33 In order to make vehicle weight fees available for critically line 34 needed transportation improvements as quickly as possible, it is line 35 necessary that this act take effect immediately. O 97 SB 1418— 11 — AMENDED IN ASSEMBLY APRIL 24, 2014 AMENDED IN ASSEMBLY MARCH 27, 2014 california legislature—2013–14 regular session ASSEMBLY BILL No. 2728 Introduced by Assembly Member Members Perea and Linder (Coauthor: Assembly Member Lowenthal) February 21, 2014 An act to add and repeal Section 9400.5 of the Vehicle Code, relating to transportation. legislative counsel’s digest AB 2728, as amended, Perea. Vehicle weight fees: transportation bond debt service. Existing law imposes weight fees on the registration of commercial motor vehicles and provides for the deposit of net weight fee revenues into the State Highway Account. Existing law provides for the transfer of certain weight fee revenues from the State Highway Account to the Transportation Debt Service Fund to reimburse the General Fund for payment of debt service on general obligation bonds issued for transportation purposes. Existing law also provides for the transfer of certain weight fee revenues to the Transportation Bond Direct Payment Account for direct payment of debt service on designated bonds, which are defined to be certain transportation general obligation bonds issued pursuant to Proposition 1B of 2006. Existing law also provides for loans of weight fee revenue revenues to the General Fund to the extent the revenues are not needed for bond debt service purposes, with the loans to be repaid when the revenues are later needed for those purposes, as specified. 97 This bill, notwithstanding these provisions or any other law, until January 1, 2019, would prohibit weight fee revenue revenues from being transferred from the State Highway Account to the Transportation Debt Service Fund or to, the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds, and would also prohibit loans of weight fee revenue revenues to the General Fund. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Section 9400.5 is added to the Vehicle Code, to line 2 read: line 3 9400.5. (a)  Notwithstanding Sections 9400.1, 9400.4, and line 4 42205 of this code, Sections 16773 and 16965 of the Government line 5 Code, Section 2103 of the Streets and Highways Code, or any line 6 other law, weight fee revenue revenues shall not be transferred line 7 from the State Highway Account to the Transportation Debt line 8 Service Fund or to Fund, the Transportation Bond Direct Payment line 9 Account, or any other fund or account for the purpose of payment line 10 of the debt service on transportation general obligation bonds, and line 11 shall not be loaned to the General Fund. line 12 (b)  This section shall remain in effect only until January 1, 2019, line 13 and as of that date is repealed, unless a later enacted statute, that line 14 is enacted before January 1, 2019, deletes or extends that date. O 97 — 2 —AB 2728 california legislature—2013–14 regular session ASSEMBLY BILL No. 2651 Introduced by Assembly Member Linder (Coauthors: Assembly Members Allen, Bigelow, Conway, Beth Gaines, Gorell, Hagman, Harkey, Jones, Melendez, Olsen, Patterson, Wagner, and Wilk) February 21, 2014 An act to add Section 9400.5 to the Vehicle Code, relating to transportation. legislative counsel’s digest AB 2651, as introduced, Linder. Vehicle weight fees: transportation bond debt service. Existing law imposes weight fees on the registration of commercial motor vehicles and provides for the deposit of net weight fee revenues into the State Highway Account. Existing law provides for the transfer of certain weight fee revenues from the State Highway Account to the Transportation Debt Service Account to reimburse the General Fund for payment of debt service on general obligation bonds issued for transportation purposes. Existing law also provides for the transfer of certain weight fee revenues to the Transportation Bond Direct Payment Account for direct payment of debt service on designated bonds, which are defined to be certain transportation general obligation bonds issued pursuant to Proposition 1B of 2006. This bill, notwithstanding these provisions or any other law, effective January 1, 2016, would prohibit weight fee revenue from being transferred from the State Highway Account to the Transportation Debt Service Fund or to the Transportation Bond Direct Payment Account, 99 and from being used to pay the debt service on transportation general obligation bonds. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Section 9400.5 is added to the Vehicle Code, to line 2 read: line 3 9400.5. (a)  Notwithstanding Sections 9400.1, 9400.4, and line 4 42205 of this code, Sections 16773 and 16965 of the Government line 5 Code, Section 2103 of the Streets and Highways Code, or any line 6 other law, weight fee revenue shall not be transferred from the line 7 State Highway Account to the Transportation Debt Service Fund line 8 or to the Transportation Bond Direct Payment Account, and shall line 9 not be used to pay the debt service on transportation general line 10 obligation bonds. line 11 (b)  This section shall become operative on January 1, 2016. O 99 — 2 —AB 2651